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Professional Statement:

Andy Cooke has been trying cases since his first year out of law school when a small business owner of a successful start-up was sued by her former business partner. Today, he still handles commercial and business litigation, and concentrates his trial practice on counseling regional, national and global manufacturers in product litigation, mass tort, class action and other complex litigation matters. He practices before all West Virginia Trial Courts, the United States District Courts, Federal Appeals Courts, and administrative agencies. Mr. Cooke has successfully tried cases to jury verdicts in favor of his clients in both State and Federal Courts.

When one of his clients faces the prospect of litigation, he works to learn as much he can about the people, the product or services at issue and the background in which the dispute arose. Knowing the business, the relevant standards, the state of the art, what the market wanted, the regulatory environment and the competition is crucial to a successful resolution. Thorough research grounds the facts, helps us to know the truth and to counsel the client. Whether hired to prevent a dispute, to resolve one by agreement, or to win the dispute at trial, Mr. Cooke strives to take care of his clients' concerns. In litigation, his approach quickly informs the trial decision and the strategy in the case --- producing the best possibility for efficiency and success.

Practice Areas:

• Product Litigation
• Commercial and Business Litigation
• Automotive Warranty Litigation
• FELA and Railroad Litigation
• FCRA/FDCPA and Consumer Credit Litigation
• Complex Mass Tort and Class Action Litigation

Education:

• J.D., West Virginia University College of Law (1994)
• B.S., Davidson College (1990)
• BPC-37, The Aji Network (2007)

Court Admissions:

• United States Supreme Court
• United States Court of Appeals for the Fourth Circuit
• United States District Court for the Southern District of West Virginia
• United States District Court for the Northern District of West Virginia
• West Virginia Supreme Court of Appeals

Professional Involvement:

• Defense Research Institute
• Defense Trial Counsel of West Virginia
• West Virginia State Bar
• Kanawha County Bar Association

Representative Legal Work & Trial Experience:

• Successfully represented Fortune 10 product manufacturer in difficult jurisdiction obtaining defense verdict for the company after a two week trial
• Successfully represented product manufacturer in high-profile rollover case obtaining verdict for the company following three week Federal Court trial
• Stepped in and favorably resolved seven year-old litigation for Japanese manufacturer involving multimillion dollar property damage and spoliation of evidence
• Obtained summary dismissal for joint venture manufacturer in alleged defective airbag case after early depositions and expert investigation
• Secured voluntary dismissal for 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
• Successfully negotiated dismissal of United Kingdom holding company on jurisdictional grounds
• Tried automotive product liability matter to a defense verdict in alleged recall case
• Coordinated first defense of initial product liability class actions in West Virginia for efficient resolution before Jurisdictional Panel for Multidistrict Litigation
• Defeated class certification in multimillion dollar consumer class action litigation

Awards & Honors:

• George D. Hott Scholarship (1992-1994)

Teaching & Lecturing:

• Speaker, Evidence in the West Virginia Courtroom, National Business Institute (2001)
• Speaker, Current Developments in Product Liability, National Business Institute (2000)

Writings & Publications:

• 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)

Community Involvement:

• Director, Special Olympics of West Virginia
• Trustee, The Clay Center
• Past-President, Big Brothers Big Sisters of the Greater Kanawha/Putnam Area
• Elder, Kanawha United Presbyterian Church

Reported Cases:

• Frye v. Boxley Aggregates of West Virginia, L.L.C., 2006 WL 1789016 (S.D.W.Va. June 27, 2006) (Civ. Act. No. 5:04-0650)
• Shatz v. Ford Motor Co., 412 F.Supp.2d 581 (N.D.W.Va. 2006)
• In re Tobacco Litigation, 218 W.Va. 301, 624 S.E.2d 738 (2005)
• Bennett v. Asco Services, Inc., 218 W.Va. 41, 621 S.E.2d 710 (2005)
• State ex rel Vedder v. Zakaib, 217 W.Va. 528, 618 S.E.2d 537 (2005)
• Fleeman v. Toyota Motor Sales, U.S.A., Inc., 288 F.Supp.2d 726 (S.D.W.Va. 2003)
• Wise v. Travelers Indemnity Co., 192 F.Supp.2d 506 (N.D.W.Va. 2002)
• Rhoades v. West Virginia Credit Bureau Reporting Services, Inc., 96 F.Supp.2d 528 (S.D.W.Va. 2000)
• Rule v. Ford Receivables, Inc., 36 F.Supp.2d 335 (S.D.W.Va. 1999)

Legal Experience:

• Member, Flaherty Sensabaugh & Bonasso, PLLC (1994 - Present)
• Counsel, Judiciary Committee, West Virginia House of Delegates, 72nd Legislature (1995)