Andrew B. Cooke, Partner | Thomas Combs & Spann PLLC

Attorneys Andrew B. Cooke | Partner

Andy Cooke focuses his practice on product litigation, consumer litigation, commercial disputes and business litigation. With over 25 years as a trial lawyer, Andy has been grateful to represent and work with some of the world's greatest companies. His trial work includes helping clients obtain verdicts in difficult and complex matters, as well as working diligently to find efficient resolutions when possible to avoid protracted and expensive litigation. He strives to understand and address client concerns whether that means preventing disputes, resolving them by agreement or winning at the trial and appellate levels. Andy practices primarily before all West Virginia Trial and Appellate Courts, the United States District Courts in West Virginia, and the Fourth Circuit Court of Appeals. He has also represented clients in federal and state courts outside of West Virginia, including the Jurisdictional Panel on Multi-District Litigation.

Prior to joining Thomas Combs & Spann, Andy was a Member of Flaherty Sensabaugh & Bonasso PLLC, where he worked from 1994 to 2019.

Representative Legal Work:
Represented South Korean manufacturer through multiple trials and appellate proceedings ultimately resulting in important state law regarding expert evidentiary standards.

Represented U.S. based manufacturer at Federal trial and appellate court level resulting in important law regarding Rule 702 / Daubert evidentiary standards, alternative design requirements and failure analysis.

Represented a Japanese Manufacturer to a defense verdict in an alleged manufacturing defect case.

Represented U.S. product manufacturer through multiple trials in alleged product related burn fatality.

Represented U.S. product manufacturer in a high-profile rollover and crashworthiness trial and in connection with multi-district litigation.

Resolved seven-year-old litigation in trial and appellate courts helping Japanese manufacturer with multimillion-dollar property damage and spoliation of evidence claims.

Represented joint venture manufacturer in alleged defective airbag case after early depositions and prompt expert investigation.

Represented U.S. distributor in allegedly defective industrial crane case after early depositions and expert investigation.

Counsel for regional non-coal surface mining and trucking operation.

Negotiated dismissal of a United Kingdom holding company on personal jurisdictional grounds.

Coordinated first defense of initial product liability class actions in West Virginia for resolution before Jurisdictional Panel for Multidistrict Litigation.

Represented client in multimillion-dollar consumer class action litigation

Represented large national retailer in employment, premises, product and commercial litigation

Represented health care client in regulatory and commercial litigation resulting ultimately in closing a successful business transaction.

Represented medical device manufacturer in employment litigation.

Publications:
Modern Products Liability Law in West Virginia, 113 West Virginia Law Review 417 (2011) (with Philip Combs)

Evidence in the West Virginia Courtroom, National Business Institute (2001)

Current Developments in Product Liability, National Business Institute (2000)

A Test for the Admissibility of OSIs in West Virginia Product Litigation, WVDTC (2000)

Presentations:
Program Chair, Complex Tort and Product Liability, USLAW Network Fall Client Conference (2017)

Moderator, Best Practices & Cutting-edge Techniques for Avoiding Multi-Million Dollar Spoliation Sanctions, USLAW Network Fall Client Conference (2017)

Presenter, Tipping Points – United States Supreme Court – Latest Update on Personal Jurisdiction Decisions, USLAW Network Retail/Complex Tort and Product Liability Exchange (2017)

Professional Organizations:
International Association of Defense Counsel
Defense Trial Counsel of West Virginia

Bar Admissions:
Supreme Court of Appeals of West Virginia
United States District Courts for the Northern and Southern Districts of West Virginia
United States Court of Appeals for the Fourth Circuit
United States Supreme Court

Awards & Honors:
The Best Lawyers in America® - Commercial Litigation 2024
The Best Lawyers in America® - Product Liability Litigation 2024
Martindale-Hubble AV Preeminent® Peer-Review Rated
Listed, Chambers, USA (Litigation: General Commercial), 2014 to present
Listed, The Best Lawyers in America ©, 2012 – present
2015 Lawyer of the Year – Charleston WV – Product Liability Litigation-Defendants
2018 Lawyer of the Year – Charleston WV – Product Liability Litigation-Defendants
West Virginia Super Lawyers, 2009-2011 – Business Litigation and Personal Injury Defense: Products

Contact:

P O Box 3824
Charleston, WV 25338
Direct Dial: 304-414-1825
Download Andy's VCard

Education & Honors:
• Davidson College (1990)
• West Virginia University College of Law, J.D. (1994)

• George D. Hott Scholarship (1992–1994)
• Counsel, Judiciary Committee, West Virginia House of Delegates (1995)