Andrew Tauber

Washington D.C.

With substantial experience in federal preemption issues, Andy devotes much of his practice to the medical-device and railroad industries. In the medical-device space, Andy has developed cutting-edge preemption arguments to successfully defend manufacturers against product-liability claims. In the railroad arena, Andy has obtained precedent-setting decisions holding certain claims brought under the Federal Employers’ Liability Act to be precluded by the Federal Railroad Safety Act.

A co-author of the treatise Federal Appellate Practice, Andy regularly represents clients in the US Supreme Court, the various US Courts of Appeals, and state appellate courts throughout the country.

In addition to his purely appellate work, Andy often briefs and argues important legal issues at the trial level. Andy serves as a national consultant on preemption and other recurring issues, working closely with clients’ other outside counsel to craft and preserve legal arguments for appellate review by drafting or reviewing motions to dismiss, motions in limine, and proposed jury instructions.

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Selected Experience