Andrew P. Walsh Of Counsel

     

Contact

   

Andy Walsh has more than 20 years of broad-based civil litigation experience, including transportation law, insurance defense, class actions, employment law, motor vehicle warranty/Lemon Law, consumer fraud/fraudulent sales practices, and business disputes. In addition, Andy has extensive experience at the appellate level, having successfully handled appeals before the Supreme Court of Alabama, the Alabama Court of Civil Appeals and the Eleventh Circuit Court of Appeals. An accomplished writer and researcher, Andy is a “lawyer’s lawyer” from whom other litigators regularly solicit strategic advice and creative solutions in complex legal matters.

Areas of Focus

Transportation & Emergency Response
Having joined Wilson Elser’s Birmingham, Alabama, office in 2019 after more than 12 years with a large local firm, Andy’s current practice focuses on the defense of registered motor carriers and their commercial drivers in relation to heavy truck accidents, including at the pre-suit stage as part of rapid post-accident intervention and investigation, at the trial court level and on appeal.

Representative Matters

Obtained summary judgment for a regional surface transportation company in a multimillion-dollar case arising out of a rear-end collision between commercial tractor trailers. The plaintiff alleged a neck injury that resulted in permanent paralysis, alleged that our client was vicariously liable for its driver’s negligence/ wantonness, and asserted negligent entrustment claims against our client. 

Obtained Rule 12(b)(6) dismissal of direct negligent/wanton entrustment, hiring, training, supervision and retention claims against registered motor carrier in commercial motor vehicle accident case based on a failure to meet Twombly/Iqbal “plausibility.” 

Obtained a favorable walk-away settlement in a commercial business dispute after defeating a venue challenge based on a forum selection clause. 

Obtained reversal of preliminary injunction enjoining small Alabama technology start-up from competing against a larger aerospace defense contractor. 

Obtained reversal of preliminary injunction enjoining small business from maintaining prior parallel lawsuit in separate jurisdiction. 

Obtained interlocutory Rule 23(f) reversal of federal district court’s certification of a statutory wagering recoupment class action for failure to meet the “rigorous analysis” test.