Andrew P. Devine

Partner Buffalo, New York City

An experienced litigator and problem solver, Andy strives to plan and execute creative and efficient strategies so his clients can achieve their business objectives.

Andy’s practice includes a diverse range of complex product liability, environmental, class and mass action personal injury defense, commercial, construction and investment product disputes in federal and state courts and arbitration proceedings across the United States.

Andy’s clients include multinational corporations, construction project owners and general contractors, banks and investment companies. He has extensive experience in briefing and arguing dispositive motions and appeals, federal court removal and jurisdictional issues, pretrial and expert discovery, including taking and defending depositions and managing high-volume e-discovery projects and related motion practice, and negotiating settlements in complex matters. He has significant experience in the defense of claims relating to alleged groundwater, air and soil contamination, and the remediation of environmental sites under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).

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Honors & Awards

  • 40 Under 40, Buffalo Business First, 2022
  • Named to Best Lawyers: Ones to Watch in America®
  • Named Upstate New York Super Lawyers® Rising Star, 2015-2023
  • Honoree of the New York State Bar Association Empire State Counsel® Program for Pro Bono Work, 2018
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Education & Admissions

Education
  • State University of New York at Buffalo Law School, J.D., cum laude, 2012
  • Canisius College, B.S., 2005
Admitted to Practice
  • New York
  • U.S. District Court, Eastern District of Michigan
  • U.S. District Court, Eastern, Northern, Southern and Western Districts of New York
  • U.S. Court of Appeals, Second Circuit
Judicial Clerkships
  • Student Law Clerk, Honorable John T. Curtin, U.S. District Court, Western District of New York, 2011-2012

Experience

Representative Matters
  • Represented construction project owner in various state and federal court lawsuits for damages and injunctive relief relating to breach of construction agreement and alleged tort claims. Won preliminary injunction hearing, obtained dismissal and/or summary judgment dismissing tort and certain contract claims (affirmed on appeal), and remaining claims settled on favorable terms.
  • Represented chemical company in class action lawsuit alleging contamination from remediated CERCLA site caused personal injuries to nearby residents under common law tort theories. Following removal to federal court, obtained complete dismissal and affirmed on appeal.
  • Represented a group of potentially responsible parties (PRPs) that cooperated in the cleanup of a CERCLA site in a New York State court lawsuit filed by a neighboring landowner who alleged that site remedial operations were damaging adjacent property under common law tort theories. Obtained dismissal and affirmed on appeal.
  • Represented general contractor in construction, breach of contract and lien dispute with surety and subcontractor. Obtained near complete recovery in favorable settlement reached before discovery started.
  • Represented financial services company in investment suitability lawsuit filed by customer of former investment advisor. Obtained complete dismissal.
  • Represented financial services company in investment suitability arbitration proceeding before Financial Industry Regulatory Authority (FINRA). Matter settled on favorable terms.
  • Represented insurer in Employee Retirement Income Security Act (ERISA) dispute with insured in federal court lawsuits. Obtained complete dismissal.
  • Represented petroleum wholesaler in payment disputes across the East Coast, achieving substantial recoveries from counterparties.
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Activities & Professional Associations

Present Activities

  • Greater Buffalo Metropolitan Crime Stoppers, Inc., Board of Directors, Legal Counsel

Past Activities

  • Construction Exchange of Western New York, Education Committee
  • Buffalo Law Review, Publications Editor
  • FINRA Series 7, 24, 53, and 66 licenses
  • HSBC Riverside High School Mentoring Program, Student Mentor
  • Leadership Buffalo Rising Leaders, Class of 2015

Professional Associations

  • American Bar Association
    • Business Law Section
    • Section of Environment, Energy, and Resources (SEER)
  • Bar Association of Erie County
  • New York State Bar Association
    • Commercial & Federal Litigation Section
    • Environmental & Energy Law Section