Andrew R. Sperl

Representative Matters

• Representing PrimeCare Medical Inc., a provider of medical services for correctional institutions, in its challenge to an $11.9 million jury verdict on civil rights and negligence claims arising from an inmate's death by suicide.
• Won an appeal for Ford Motor Company in the Superior Court of Pennsylvania, affirming summary judgment in a product liability case in which the plaintiff contended that Ford was liable for its English subsidiary's products under the "apparent manufacturer" doctrine and the "piercing the corporate veil" theory.
• Obtained on behalf of former NFL star Jason Taylor and two business partners a decision from the United States Court of Appeals for the Third Circuit ordering the return of deposits totaling $1.5 million paid in connection with a failed real estate transaction in the Virgin Islands. Addie v. Kjaer, __ F.3d __, 2013 WL 6577144 (3d Cir. 2013).
• Obtained on behalf of a pro bono client a victory in the Superior Court of Pennsylvania on a legal issue of first impression, where the Court vacated an order which had denied the client's petition for relief filed pursuant to the Post Conviction Relief Act (PCRA).
• Obtained a decision from the Superior Court of Pennsylvania affirming a summary judgment decision involving the defense of alleged controlling shareholder liability and breach of fiduciary duty claims arising from a "down round" financing of a high-tech startup, a microelectromechanical systems (MEMS) acoustic chip manufacturer in Pittsburgh.
• Obtained on behalf of a motor vehicle company, in a significant asbestos-related appeal before the Superior Court of Pennsylvania, a reversal of an order granting a mistrial and a reinstatement of a defense verdict from the Philadelphia Court of Common Pleas.
• Member of appellate team that obtained on behalf of a development firm a ruling from the Supreme Court of Pennsylvania, reversing a prior ruling by the Commonwealth Court of Pennsylvania, holding that neighboring landowners who become parties to a zoning hearing, but are not party appellants to the land use appeal, lack standing to appeal. Stuckley, et al. v. ZHB of Newtown Twp., et al.
• Represented Special Litigation Committee of bank holding company in internal investigation of putative shareholder derivative claims related to breach of fiduciary duty.
• Representing venture capital firm in securities fraud and breach of fiduciary duty dispute involving shareholders, lenders and chief executive officer arising out of a $210 million acquisition of a startup environmental technology company.
• Obtained summary judgment on behalf of a defendant where plaintiff claimed asbestos attributable to the client caused a decedent's mesothelioma and subsequent death. Plaintiff's claims included an attempt to pierce the corporate veil to hold the client liable for its wholly owned subsidiary.

Admissions

• Pennsylvania
• New Jersey
• U.S. Court of Appeals for the Third Circuit
• U.S. District Court for the Eastern District of Pennsylvania
• U.S. District Court for the District of New Jersey

Education

• New York University School of Law, J.D., 2011
  - Staff Editor, Annual Survey of American Law
• Columbia University, B.A., 2006

Experience

• Duane Morris LLP
  - Associate, 2011-present

Honors and Awards

• Listed in Pennsylvania Super Lawyers Rising Stars, 2021
• Listed in "25 Young Lawyers on the Rise," 2017

Professional Activities

• Pennsylvania Bar Association
• Philadelphia Bar Association

Selected Publications

• Co-author, "Supreme Court Rejects Bare-Metal Defense in Products Liability Cases Under Maritime Law," Duane Morris Alert, March 21, 2019

• Author, "Pennsylvania Superior Court Confirms that Fair Share Act Applies in Asbestos and Other Strict-Liability Cases and Requires Apportionment of Liability Among Defendants and Settled Tortfeasors Regardless of Bankruptcy Status," Duane Morris Alert, January 2, 2018

• Mentioned in "Sheller Urges Justices To OK Standing In FDA Risperdal Row," Law360, March 17, 2017
• Mentioned in "Third Circuit Affirms Interest On NFLer's Island-Buy Restitution," Law360, September 7, 2016
• Co-author, "A New Paradigm For Prescription Drug Labeling?," Law360, November 30, 2015
• Author, "Supreme Court Bars Design-Defect Claims Against Generic Drug Companies," GenericsWeb INNsight, August 2013
• Author, "Supreme Court Holds FDCA Preempts Common Law Design-Defect Claim Against Generic Drugs," Duane Morris Alert, July 2, 2013
• Co-Author, "Report on Offense Grading in New Jersey" University of Pennsylvania Law School, Public Law Research Paper No. 11-03
• Co-Author, "Social Networking Sites: Subject to Discovery?" National Law Journal, August 23, 2010.

Selected Speaking Engagements

• Speaker, "U.S. Supreme Court Roundup 2020," Pennsylvania Bar Institute, Webinar, July 20, 2020
• Speaker and Co-author, "Attorney-Client Privilege - The Basics and Some Difficult Litigation Issues," Duane Morris LLP In-House CLE Program, February 2013