- 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.
Overview
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
Publications
- Products Liability Law in West Virginia, 113 West Virginia Law Review 417 (2011) (with Philip Combs)
- in the West Virginia Courtroom, National Business Institute (2001)
- Developments in Product Liability, National Business Institute (2000)
- Test for the Admissibility of OSIs in West Virginia Product Litigation, WVDTC (2000)
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
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
Professional Organizations
- International Association of Defense Counsel
- Defense Trial Counsel of West Virginia
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)