Andy Johnson is trial lawyer and advisor who enjoys helping his clients find solutions to their complex business problems. Sometimes these problems can only be solved through a jury’s verdict and the review of an appellate court (see Thomas Jefferson Foundation, Inc. v. Jordan, 200 So. 3d 645 (Ala. 2016)). Other times these problems are resolved through dispositive motions making a trial unnecessary (see, e.g., Estate of Jansen, et al v. Valmont Industries, Inc. et al., 655 S.W.3d 406 Mo.App. W.D., Sep. 27, 2022, rehearing denied (Oct. 25, 2022), transfer denied (Dec. 20, 2022); Jansen et al. v. Valmont Highway Dist. Ltd., 4:23-cv-00032-BCW (USDC W.D. of MO., May 25, 2023) (granting motion to dismiss), or through arbitration, mediation, or settlement. Andy believes that each case is different, and there is no one-size-fits-all approach to a business or legal problem.
Andy has worked with clients to resolve their specific legal issues in a variety of business areas. A significant portion of his practice has consisted of the defense of claims against companies that invent, design, manufacture and market complex products. This has primarily consisted of the defense of drug and medical device claims and litigation relating to construction materials. His work in the life sciences arena has encompassed the representation of Pfizer, Bayer, and other major pharmaceutical companies and has spanned well over two decades.
In addition to his products liability work, Andy has handled matters through jury trials and appeals in cases involving business and contractual disputes (see, e.g., Signature Holdings Group, Inc., et al. v. Embry, Mo.App. S.D., Case No. SD31525; jury verdict affirmed on appeal).
Notable Matters
Serves as national counsel for a publicly traded company involved in personal injury and economic damages claims based on an allegedly defectively designed highway safety technology.
Worked on various matters requiring international discovery in Germany, the Netherlands, Algeria, and New Zealand.
Participated in AAA arbitration involving multiple construction projects and requiring a two-week arbitration hearing before a three-arbitrator panel.
Appointed as co-defense liaison counsel in in In Re Chantix (Varenicline) Products Liability Litigation, MDL 2092.
Served as member of regional counsel team representing manufacturer in all litigation matters across multiple jurisdictions.
Served on national counsel teams handling various aspects of mass tort and recurring litigation, including teams responsible for company witnesses, experts, and specific case work-up for trial.
Andy has devoted substantial time to pro bono efforts during his career, most importantly in the case of Kenneth Eugene Smith, who was executed by the State of Alabama in January 2024. Mr. Smith was the first person executed by the method of nitrogen hypoxia anywhere in the world. Along with co-counsel, Andy represented Mr. Smith beginning with his post-conviction appeals in 2006 until his execution in 2024. This representation entailed appeals through the state and federal systems, involved a failed execution attempt by lethal injection in 2022, and resulted in multiple decisionsby the Supreme Court of the United States and Eleventh Circuit (see Hamm v. Smith, 598 U.S. ---- (2023); Smith v. Hamm, 144 S.Ct. 414 (Mem) (2024); Smith v. Commissioner, Ala. Dept. Corr., 2022 WL 17069492 (11th Cir. November 17, 2022)). This case also received significant media coverage and international attention, including coverage in The Atlantic, The New York Times, and every major TV news outlet, as well as commentary from the United Nations.
Listed in The Best Lawyers in America® Commercial Litigation, 2016-2024 Mass Tort Litigation/ Class Actions – Defendants, 2019-2024 “Lawyer of the Year,” Birmingham, 2023 Personal Injury Litigation – Defendants, 2016-2024 Product Liability Litigation – Defendants, 2018-2024 Listed in Who's Who Legal: Product Liability Defence, 2021, 2023 Listed in Mid-South Super Lawyers, 2022 Personal Injury – Products: Defense, 2018-2021 Listed in Alabama Super Lawyers "Rising Star," Business Litigation, 2010, 2013 Personal Injury – Products: Defense, 2014-2015 Martindale-Hubbell® AV Preeminent Rated Alabama State Bar Leadership Forum, 2013 Estate of Jansen, et al. v. Valmont Industries, Inc. et al., 655 S.W.3d 406 Mo.App. W.D., Sep. 27, 2022, rehearing denied (Oct 25, 2022), transfer denied (Dec 20, 2022) Summary judgment in favor of clients on all claims, affirmed by appellate court and denied transfer to Supreme Court of Missouri. Smith v. Hamm, 144 S.Ct. 414 (Mem) (2024) Supreme Court of the United States decision in death row appeal regarding novel execution method. Thomas Jefferson Foundation, Inc. v. Jordan, 200 So. 3d 645 (Ala. 2016) Supreme Court of Alabama decision reinstating defense verdict and judgment on all claims. Batchelor v. Pfizer, Inc., 2013 WL 3873242 (M.D.Ala.) Order granting motion to strike complaint. Browning Enterprises, Inc. v. Rex Iron & Machine Products Co., Inc., 504 F. Supp 2d (N.D. Ala. 2007) Order dismissing case for lack of personal jurisdiction over defendant corporation. Cahow v. Armstrong Wood Products, Inc., CV-2003-136 (Circuit Court of Coffee County, Ala.) Served as lead trial counsel in case resulting in jury verdict for defense in 2008. Ex parte Fontaine Trailer Co., 854 So.2d 71 (Ala. 2003) Representation of trailer manufacturer in wrongful death suit and challenge to the constitutionality of venue rule. Fletcher v. Cooper Tire & Rubber Company, 2013 WL 3874443 (M.D.Ala.), 2013 WL 3854491 (M.D.Ala.) Orders denying motion to remand and motion to amend to add non-diverse party. In re Chantix (Varenicline) Products Liability Litigation,881 F.Supp.2d 1333 (N.D.Ala. 2012) MDL Order holding that boxed warning was an adequate warning as a matter of law. Moore Oil Co, Inc. v D&D Oil Co., Inc., 747 F.Supp.2d 1280 (N.D. Ala. 2010) Order granting summary judgment to defendants on all claims. Moore Oil Company, Inc. v. D & D Oil Company, Inc., 2007 WL 5685049 (N.D. Ala. 2007) Order denying motion to remand on basis of “last-served defendant” rule. Samuel v. The Goodyear Tire & Rubber Co., 2007 WL 4618475 (N.D. Ala.) Order granting motion to strike expert opinion. Signature Holdings Group, Inc., et al. v. Embry, Circuit Court of Taney County, Missouri, Case No: 08AF-CV00434 Jury verdict on all claims. Affirmed on appeal, Missouri Court of Appeals for the Southern District, Case No. SD31525. Southern v. Pfizer Inc., 471 F. Supp. 2d 1207 (N.D. Ala. 2006) Order denying motion to remand based on fraudulent joinder of pharmaceutical sales representative. Worley v. Pfizer Inc., 535 F. Supp. 2d 1252, (M.D. Ala. 2008) Order denying motion to remand based on fraudulent joinder of pharmaceutical sales representative.
