Andrew W. Eaton

Partner

  • location icon Atlanta, GA
    1180 Peachtree Street NE
    Suite 2900
    Atlanta, GA 30309

Andrew "Andy" Eaton is a partner in the Atlanta office of Lewis Brisbois and a member of the Legal Malpractice Defense, Commercial Litigation, Products Liability, Insurance Coverage, and Bad Faith Litigation Practices. He has successfully represented attorneys and law firms in professional liability suits and bar complaints. Mr. Eaton also provides consultation, subpoena compliance and risk management strategy to attorneys. He has also represented insurance agents, agencies and brokers in professional liability actions. 

Mr. Eaton has also handled a variety of product liability suits in Georgia and throughout the United States. Mr. Eaton has represented domestic and international manufacturers, distributors and retailers in state and federal litigation. Mr. Eaton also represents businesses large and small in contract disputes, fiduciary litigation and general commercial matters.

Publications

  • “Defending the Abusive Litigation Claim,” Abusive Litigation CLE Seminar, 2015-present. 
  • Limiting the Right of Publicity’s Concept of Group Identity for the Good of Intellectual Property, the Music Industry, and the People, 14 J. Intell. Prop 173, Fall 2006

Representative Cases

  • RV Motors, LLC v. Davis & Melton, P.C., in the Superior Court of Whitfield County, Civil Action File No. 13CI1818, (Judge Howell order dated November 17, 2014) (Represented Dalton, Georgia law firm sued by its former client for legal malpractice. The former client, an RV dealership, sought damages in excess of $1.1 Million on the theory that the firm's negligent advice with respect to certain damaged RV's resulted in the dismissal of a lawsuit on spoliation grounds. Mr. Eaton first succeeded in getting the case transferred from DeKalb County to Whitfield County. He and Jay Doyle then successfully argued that Plaintiff's legal malpractice claim failed as a matter of law because, even assuming the firm rendered negligent advice relating to the damaged RV's, the plaintiff could still demonstrate no injury because the underlying lawsuit was without merit. Mr. Eaton further secured the client's entitlement to a portion of its fees through a Rule 68 statutory Offer of Settlement.
  • 623 Partners v. Hunter et al., In the Superior Court of Lincoln County, Montana, Civil Action No. DV-11-94 (Judge Wheelis Order dated February 19, 2013) (Represented buyer of distressed assets in multi-jurisdictional fraudulent transfer claim wherein it was alleged that a Georgia developer conspired with his family members to fraudulently transfer property located in Montana. Mr. Eaton secured a $1.2 Million judgment on behalf of his client. That verdict was upheld by the Supreme Court of Montana by order dated October 21, 2014, 623 Partners, LLC v. Hunter et. al, Supreme Court Case No. DA 13-0847.).
  • City of Atlanta v. Obenschain & Chandler, LLC, In the Superior Court of Fulton County, Civil Action No. 2013-CV-240328 (Judge Newkirk Order dated May 22, 2014)(Represented Atlanta law firm sued by the City of Atlanta for legal malpractice. The City sought damages in excess of $100,000 for the firm's alleged negligent handling of a 2009 real estate closing. According to the City, the firm failed to adequately disclose and explain the City's preexisting ownership of some portion of the property to be acquired by a condemnation action. Mr. Eaton successfully argued that the City's malpractice claim was filed outside the applicable statute of limitation and therefore subject to dismissal. In addition to the dismissal, Mr. Eaton secured the reimbursement of a portion of the client's attorney's fees through a Rule 68 statutory Offer of Settlement.
  • Sally E. Nichols et al. Kimball Hall Events LLC et al., In the Superior Court of Fulton County, Civil Action No. 2011 CV 202720 (Judge Newkirk Order dated Feb. 19, 2013) (Represented business owner who retained an independent contractor to provide on-site essential service on an exclusive basis. After terminating contractor, business owner was served with 15 count compliant based on partnership, joint venture and claims of other forms of ownership. Mr. Eaton defeated the partnership and all other claims on summary judgment. The Georgia Court of Appeals affirmed the dismissal of 14 of the 15 claims, including all the ownership based claims, after which the matter was resolved by negotiation. Sally E. Nichols et al. Kimball Hall Events LLC et al., Ga. App. Case No. A13A164 (Nov. 22, 2013)).

Professional Presentations

  • “Professionalism, Ethics and Business Development for Lawyers,” Lumpkin Inn of Court Program, March 15, 2011
  • “The Basics of American Marine Insurance,” Presentation for Samsung Fire & Marine Insurance Co., May 2013

Admissions

Georgia

Georgia Court of Appeals

United States District Court for the Northern District of Georgia

United States District Court for the Middle District of Georgia

Associations

  • State Bar of Georgia
  • American Bar Association 
  • Atlanta Bar Association
  • Lumpkin Inn of Court

Education

University of Georgia School of Law

Juris Doctor, cum laude, 2007

Washington & Lee University

cum laude, 2002

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