Andrew Holland defends medical, dental and engineering professionals as well as hospitals and skilled nursing facilities in malpractice suits. He also handles construction liability, premises liability, civil rights and other federal statutory defense of public and private entities, in addition to coverage matters and commercial litigation.
Andrew began his career as an assistant district attorney for six years in the appeals bureau of the Bronx County District Attorney’s Office in New York City. During his 15-year career, Andrew has litigated a variety of matters and defended Labor Law section 240 claims, municipalities against civil rights and other federal statutory claims, and construction companies against construction-related actions. Andrew also represented companies and others in various commercial litigation matters, including contract disputes, shareholder derivative suits and judicial dissolution proceedings, as well as creditor-side representation in contested Chapter 7 and Chapter 13 bankruptcies.
Areas of Focus
Construction Industry
Andrew has represented numerous construction companies in various matters, including Scaffold Law claims under New York Labor Law § 240, highway construction accident claims, premises liability claims stemming from construction activity, and wrongful death allegations. Andrew counsels clients in various related industries regarding such matters as risk prevention and compliance with state and federal regulations.
Professional Liability
Andrew frequently represents professionals such as physicians, nurse practitioners, dentists, engineers and control systems specialists, as well as hospitals, medical practices groups and nursing homes that have been sued for malpractice. He also defends professionals facing disciplinary charges before state agencies such as the New York State Education Department, Office of Professional Discipline.
Federal & State Civil Rights and Employment Law Defense
Andrew has defended numerous municipalities, counties and private companies facing accusations under various federal civil rights statutes and the New York State and New York City Human Rights Laws. He has represented public entities facing claims pursuant to 42 U.S.C. § 1983 for First Amendment retaliation, police brutality, wrongful arrest and other official misconduct, as well as under the Americans with Disabilities Act and various other federal civil rights statutes. He also has represented companies sued under Title VII of the Civil Rights Act of 1964 and the Uniformed Services Employment and Reemployment Rights Act. Andrew has successfully represented employers sued by former employees in state and federal court for claims of wrongful termination and other claimed violations of labor statutes and collective bargaining agreements.
Commercial Litigation
Andrew has represented numerous companies involved in various commercial disputes, including breach of contract, breach of warranty, claims under the Uniform Commercial Code, disputes related to non-compete provisions in employment agreements, and fraud. He has handled such matters on behalf of both plaintiffs and defendants, and has represented clients involved in such disputes both prelitigation and as parties to lawsuits.
Insurance Coverage
Andrew is called upon frequently to counsel clients, including insurance carriers, on various matters related to insurance coverage. He has handled insurance coverage-related claims in declaratory judgment actions and other litigation, as well as in a non-litigation posture in matters involving liability coverage, casualty insurance and claims under ERISA.
Appellate Practice
Andrew has extensive experience as an appellate attorney, with dozens of reported appellate decisions to his name from all four Judicial Departments of the New York Supreme Court, Appellate Division; the New York Court of Appeals; and the U.S. Court of Appeals for the Second Circuit. He has briefed and orally argued numerous appeals as lead appellate counsel in each Department of the Appellate Division as well as the Second Circuit, and is frequently consulted to give opinions as to procedural and substantive viability of appeals from adverse orders and judgments. Andrew has had significant success as appellant, frequently obtaining reversals and modifications of adverse determinations from trial-level courts.
Representative Matters
Defended municipality in federal court against allegations of widespread violations of the Americans with Disabilities Act.
Represented state agency as outside counsel in special proceeding to enforce subpoenas.
Brought federal suit on behalf of candidate for public office challenging holding of town caucus, including conducting an evidentiary hearing on a motion for temporary restraining order.
Obtained temporary restraining order as petitioner in CPLR Article 78 proceeding preventing Department of Education from closing client’s business.
Tried a civil rights case to verdict before a jury in District Court as pro bono counsel to an indigent inmate.
Obtained dismissal of employment-related Article 78 proceeding against municipality.
Handled various litigation matters including defending medical malpractice claims, civil rights claims and other tort matters.
Represented large financial institution in complex mortgage foreclosure action brought by superior mortgagee.
Represented physician subpoenaed as a witness in federal criminal action brought in the Western District of Texas against large medical devices company.
Represented party to CPLR Article 70 proceeding brought to stay arbitration