Litigation and Appeals
Andrew J. Kennedy is an attorney with the Colkitt Law Firm, P.C. He regularly represents businesses in disputes with other businesses and the government in trial courts, appellate courts, and government agencies. He also counsels businesses on employment law and regulatory compliance. He also has a personal injury practice in which he represents severely injured individuals, especially in medical negligence. Andrew has also either actively litigated or supervised litigation in several other states. His experience in cases of significant value includes representing clients in a dozen disputes of one million or more and helping clients recover more than $13.5 million since 2007. Andrew has published articles on commercial law, business law, and regulatory compliance issues in legal and trade journals.
Representative appellate litigation matters
As Appellate counsel, Andrew prepared amicus brief to the Pennsylvania Supreme Court. He successfully obtained ruling of first impression that exculpatory contracts that immunize reckless conduct violate public policy. Tayar v. Camelback Ski Resort, Pa. Supreme Court (2012). As Lead Appellate Counsel, he obtained reversal of $2.6 million judgment in breach of contract and securities fraud case. Berckeley Investment Group, Ltd. v. Colkitt, Shoreline Pacific Institutional Fin., et al. 455 F.3d 195 (3d Cir. 2006). As Appellate Counsel, he worked with the U.S. Dept. of Justice and a major law firm to successfully defend a $1.8 million award from an attack by a creditor. U.S. ex rel. Rahman v. Oncology Services, 106 Fed.Appx. 104 (4th. Cir. 2004). He has represented, argued, or consulted on over twenty appeals in state and federal courts.
Representative business litigation matters
He represented telemarketing company in a multi-million dollar dispute with two conglomerates in a southern state court. He represented officers and directors in Pennsylvania state court in a multi-million dollar dispute with one of the country's largest insurers involving insurance coverage and bad faith. He represented a physician in dispute over insurance coverage in malpractice action.
Representative employment law matters
Andrew successfully defended defense contractor in Federal court from discrimination claims from engineer that claimed loss of over $1 million in economic damages. He has substantial experience in preparing employee handbooks, employment agreements, and counseling employers on complying with the FMLA, FLSA, WPCL, and other employment laws. He also represents small and medium sized businesses before administrative agencies involving alleged violations of fair pay practices and discrimination.
Representative catastrophic injury matters
Andrew has represented severely injured persons in trial courts and in settlement negotiations in Western and Central Pennsylvania. These individuals are cancer victims, victims of botched orthopedic surgery, botched care after surgery, or other kinds of negligence. Their lives have been irrevocably altered by paraplegia, neurological damage, or deformity.
Professional Associations & Memberships
Andrew has served in leadership positions with the county, state, and American bar associations. He is currently on the editorial board of the Litigation News, a publication of the American Bar Association. He is a member of the American Bar Association, Section of Litigation. Committees: Appellate Practice, Alternate Dispute Resolution, Insurance Coverage (Bad faith Subcommittee)