Andre M. Mura
Senior Litigation Counsel
Andre M. Mura is senior litigation counsel and has been with CCL since 2004. His litigation experience includes civil rights, constitutional, consumer, products liability, class action, Section 1983, and federal preemption law. He has briefed and argued cases in numerous state supreme courts, and has experience authoring briefs filed in the U.S. Supreme Court, at both the petition and merits stages. Andre has also handled complex litigation and dispositive motions in state trial and federal district courts. He is the architect of a series of constitutional challenges to laws in Missouri that restricted access to courts. This litigation resulted in two favorable decisions by the Missouri Supreme Court, as well as the overruling of a 20-year-old precedent that had diminished the constitutional right of jury trial.
Andre is a vice-chair of the ABA-TIPS Appellate Advocacy Committee; chair of the ABA-TIPS Supreme Court Monitoring Subcommittee; and member and former co-chair of the Young Lawyers Committee of the National Center for State Courts.
Texaco, Inc. & Chevron Corp. v. Simon (Mississippi Supreme Court) (briefed and argued appeal concerning Texaco’s and Chevron’s liability for damages stemming from pregnant women’s exposure to leaded gas; case settled favorably after oral argument but before decision)
Watts v. Lester E. Cox Medical Centers, 376 S.W.3d 633 (Mo. 2012) (lead appellate counsel for plaintiffs in which the Missouri Supreme Court held that state law limiting compensatory damages was unconstitutional, overruling 20-year-old precedent)
Mutual Pharmaceutical Co., Inc. v. Bartlett, 133 S. Ct. 2466 (2013) (in case concerning whether federal drug safety law pre-empts state-law liability for defectively designed generic drugs, wrote amicus curiae brief for the American Association for Justice and Public Justice arguing that such claims are not preempted)
J. McIntyre Machinery, Ltd. v. Nicastro, 131 S. Ct. 2780 (2011) (merits briefing for respondent in case concerning whether personal jurisdiction exists over a foreign manufacturer solely because the manufacturer targets the United States market for the sale of its product and the product is purchased by a forum state consumer)
SNFA v. Russell, 134 S. Ct. 295 (2013) (successfully opposed petition seeking review of the Illinois Supreme Court’s ruling that SNFA, a foreign manufacturer of aerospace ball bearings, had sufficient contacts with Illinois such that it was amenable to a products-liability suit arising out of a helicopter crash in the State allegedly caused by defective bearings)
Qwest Services Corp. v. Blood, 132 S.Ct. 1087 (2012) (represented plaintiff in opposing certiorari review in Supreme Court of $18 million punitive damage award where defendant sought new substantive due process rule barring consideration of post-incident remedial efforts)
Villegas v. District Court, No. 55825 (Nev. 2011) (filed petition for writ of mandamus in Nevada Supreme Court; case settled favorably after oral argument).
Wyeth LLC v. Scofield, 131 S. Ct. 3028 (2011) (successfully represented women with breast cancer in opposing Supreme Court review of a $57.8 million punitive damages verdict against a drug manufacturer for acting with malice in hiding potential harmful consequences of its combined estrogen-progestin hormone therapy).
Fortis Ins. Co. v. Mitchell, 130 S. Ct. 1896 (2010) (successfully opposed Supreme Court review of a substantial punitive damages verdict against an insurance company that had, in bad faith, rescinded a health insurance policy on the erroneous belief that applicant’s HIV status was a pre-existing condition)
Altria v. Good, 129 S. Ct. 538 (2008) (amicus brief on behalf of leading professors of medicine and history of science that detailed history of cigarette industry’s advertising and marketing practices)
Select publications and speaking engagements
Panelist, “Life After Stengel: An Update on Preemption Tactics for Drug and Device Lawyers,” DC Bar Tort Law Section (October 2014)
Success and Failure in Evading CAFA's "Mass Action" Provision, AAJ's Class Action Litigation Group Newsletter (Summer 2014)
Panelist, Milbank Tweed Forum Series at New York University Law School, “Hot Coffee”: Civil Justice Debate, Oct. 2011
Buckman Stops Here! Limits on Preemption of State Tort Claims Involving Allegations of Fraud on the PTO or the FDA, 41 Rutgers L.J. 309 (2010) (with Louis M. Bograd)
Panelist, “A Serious Risk of Actual Bias, A Serious Risk of Grievous Harm: Dealing with Supreme Court Decisions in Caperton, Twombly, and Iqbal,” National Association of Trial Lawyer Executives, 2009