Andrew R. Sperl

Representative Matters

Representative Appellate Experience

• Represented association of hospitals and health systems as amicus curiae in cases involving taxation of nonprofits, privilege over peer review material, statutes of limitation for medical malpractice actions, and other health law issues.

• Defended county board of elections in an appeal challenging the board’s procedures in the 2020 general election. Argued case before the Pennsylvania Commonwealth Court.

• Represented company in appeal of order denying company’s request to arbitrate claim by former CEO. Argued case before the Pennsylvania Superior Court.

• Represented landowner in dispute with property’s seller regarding repurchase option in sales contract. Argued case before the New Jersey Appellate Division.

• Represented small business owner in dispute with vendor regarding payment for building supplies. Argued case before the New Jersey Appellate Division.

• Representing institutional landowner in dozens of appeals in Pennsylvania Commonwealth Court involving issues of property tax valuation and exemption.

• Successfully defended major automobile manufacturer in class action alleging claims for breach of express warranty, violation of the New Jersey Consumer Fraud Act, and related claims in Third Circuit Court of Appeals.

• Successfully defended a trial court order dismissing corporation for lack of personal jurisdiction in Pennsylvania Superior Court

• Represented product manufacturer in an asbestos personal injury case. Successfully defended trial court’s application of statutory damages cap in Tennessee Court of Appeals.

• Successfully defended challenge to default judgment entered in favor of appellee contractor and against appellant subcontractor in case involving alleged construction defects. Argued case before the Pennsylvania Superior Court.

• Obtained decision from Pennsylvania Superior Court affirming trial court’s dismissal of insurance company in case by patient asserting improper treatment by member dentist.

• Obtained on behalf of a pro bono client an order vacating the client’s sentence and remanding with instructions for resentencing. Argued case before Pennsylvania Superior Court.

• Obtained affirmance of district court decision holding that bankruptcy trustee was personally immune from damage claims asserted by third party in connection with bankruptcy estate. Argued case before Third Circuit Court of Appeals.

• Successfully defended summary judgment granted by district court on RICO and related claims and successfully sought preclusive effect of that decision in related litigation.

• Obtained decision from the Pennsylvania Superior Court affirming summary judgment in a product liability case in which the plaintiff contended that the manufacturer was liable for its international subsidiary's products under the "apparent manufacturer" doctrine and the "piercing the corporate veil" theory.

• Obtained reversal of an order granting a mistrial and a restatement of a defense verdict in an asbestos personal-injury case in the Pennsylvania Superior Court.

• Obtained on behalf of former NFL star Jason Taylor and two business partners a decision from the Third Circuit Court of Appeals ordering the return of deposits totaling $1.5 million paid in connection with a failed real estate transaction in the Virgin Islands.

• Obtained on behalf of a pro bono client a victory in the Pennsylvania Superior Court 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).

Other Representative Experience

• Secured the dismissal of Sherman Act Section 1 group boycott claims filed by racehorse owners against several prominent racetracks.

• Represented major automobile manufacturer at trial of asbestos-related personal injury claims. Advised trial counsel on development and preservation of legal issues involving Pennsylvania asbestos law and handled post-trial briefing and strategy.

• Representing food recycling company in connection with theft of company trade secrets, confidential information, and other intellectual property by former licensee and partner.

• Represented commercial insurance company in arbitration involving the appropriate amount of collateral required to secure workers compensation insurance policies.

• Represented pro bono incarcerated client alleging civil rights violations against state correctional institution officials. Obtained favorable settlement for client.

• Represented putative classes of truck and equipment dealers alleging price-fixing claims against vehicle parts manufacturers. In re: Auto Parts Antitrust Litigation, MDL 2311 (E.D. Mich.)

Admissions

• New Jersey
• Pennsylvania
• Supreme Court of the United States
• U.S. Court of Appeals for the Second Circuit
• U.S. Court of Appeals for the Third Circuit
• U.S. Court of Appeals for the Ninth Circuit
• U.S. Court of Appeals for the Eleventh Circuit
• U.S. District Court for the District of New Jersey
• U.S. District Court for the Eastern District of Pennsylvania
• U.S. District Court for the Middle District of Pennsylvania
• U.S. District Court for the Eastern District of Michigan
• U.S. Court of Federal Claims
• U.S. Court of International Trade

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
  - Partner, 2022-present
  - Associate, 2011-2021

Honors and Awards

• Named to Best Lawyers "Ones to Watch," 2023-2025
• Listed in Pennsylvania Super Lawyers Rising Stars
• Listed in "25 Young Lawyers on the Rise," 2017

No aspect of these rankings has been approved by the Supreme Court of New Jersey. Further information on methodologies is available via these links.

Professional Activities

• New Jersey State Bar Association
  - Member, Appellate Advocacy Committee
• Pennsylvania Bar Association
  - Co-Vice Chair, Appellate Advocacy Committee
  - Secretary, Administrative Law Section
• Philadelphia Bar Association

Selected Publications

• Co-author, "U.S. Supreme Court Signals It May Jettison Chevron Doctrine," Duane Morris Alert, January 19, 2024
• Co-author, "Registering to Do Business in Pennsylvania Does Not Confer General Jurisdiction Over Foreign Corporations," Duane Morris Alert, December 23, 2021

• 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

• Panelist, "U.S. Supreme Court Roundup 2023," Pennsylvania Bar Institute, Webinar, July 25, 2023
• Panelist, "U.S. Supreme Court Roundup 2022," Pennsylvania Bar Institute, Webinar, July 25, 2022
• Panelist, "U.S. Supreme Court Roundup 2021," Pennsylvania Bar Institute, Webinar, July 20, 2021
• Speaker, "New Jersey Supreme Court Review," Duane Morris LLP In-House CLE Program, May 2021
• Panelist, "U.S. Supreme Court Roundup 2020," Pennsylvania Bar Institute, Webinar, July 20, 2020
• Speaker, "Persuasive Writing in the Litigation Environment," Duane Morris LLP In-House CLE Program, July 12, 2019
• Speaker, "Strategies for Issue Preservation," Duane Morris LLP In-House CLE Program, December 9, 2016
• Speaker, "Writing to Win," Duane Morris LLP In-House CLE Program, January 16, 2015
• Speaker, "Remedies for Minority Stockholders," Pennsylvania Bar Institute, November 13, 2014
• Speaker, "Attorney-Client Privilege - The Basics and Some Difficult Litigation Issues," Duane Morris LLP In-House CLE Program, February 2013