Andrew Kleiner

Partner

  • location icon Phoenix, AZ
    2929 North Central Avenue
    Suite 1700
    Phoenix, AZ 85012

Andrew Kleiner is a partner in the Phoenix office of Lewis Brisbois and a member of the Complex Business & Commercial Litigation, Autonomous Vehicles and Transportation Practices. Andrew has extensive experience in all phases of litigation including trials, arbitrations, and administrative evidentiary hearings before public agencies. He practices in both state and federal courts across the United States. Andrew's practice is focused on matters of transportation, including representing shippers, motor, rail, air and ocean carriers, brokers, and intermediaries. He handles freight loss and damage claims, and litigates issues related to the collection of tariff and transportation charges.

Additionally, Andrew has extensive background in other areas of commercial litigation including contract disputes, fraud, defamation, and other business disputes. Andrew has defended professionals in fiduciary duty matters including attorneys, CPAs, insurance brokers and advisors. Andrew has successfully obtained temporary restraining orders and prosecuted preliminary injunctions to prevent unfair competition and misappropriation of trade secrets and confidential information. He also defends employers in various labor and employment matters ranging from wage and hour class and collective actions and single plaintiff actions alleging discrimination, wrongful termination, harassment, and similar claims. He also provides advice and counsel related to company policies and compliance.

Published Opinions

  • Starceski v. United Van Lines, Int’l, Docket No. 8:22-cv-00962-WFJ-CPT, 2022 U.S. Dist. LEXIS 190949 (M.D. Fla. Oct. 19, 2022)

Admissions

  • State Bar Admissions
    • Arizona
    • California
    • Utah
  • United States District Courts
    • United States District Court for the District of Arizona
    • United States District Court for the Northern District of California
    • United States District Court for the Southern District of California
    • United States District Court for the District of Utah
  • United States Bankruptcy Courts
    • United States Bankruptcy Court for the Northern District of California
  • United States Courts of Appeals
    • United States Court of Appeals for the Ninth Circuit

Admissions

AZ

CA

UT

USDC District of Arizona

USDC Southern District of California

USDC Northern District of California

USDC District of Utah

Bankruptcy Northern District of California

• United States Court of Appeals for the Ninth Circuit

Associations

Sandra Day O'Connor Inn of Court

Awards & Honors

Listed in Best Lawyers in America® 2023 "Ones to Watch" — Commercial Litigation

Education

California Western School of Law, San Diego, CA

Juris Doctor

Arizona State University, Tempe, AZ

Bachelor of Arts, Communications, magna cum laude

Representative Matters

  • Recently, Andrew prevailed on a motion to dismiss in a case where the plaintiff sought $35 million on claims of bad faith litigation, malicious prosecution, and abuse of process. Plaintiff alleged that because she had been forced to be a party in prior litigation, where Andrew’s clients obtained a judgment against the Plaintiff’s husband for over $3.5 million, that she was entitled to damages ten times the amount the judgment against her husband as damages. Andrew defeated these claims on multiple grounds, including res judicata, litigation privilege, lack of personal jurisdiction, and failure to state a claim on all grounds. Thereafter, Plaintiff filed a motion for reconsideration and asserted that the court, Lewis Brisbois, and its client all colluded to deny Plaintiff justice. The Court denied the motion finding no legal or factual basis supporting her claims, let alone meriting review for reconsideration.
  • Successfully defeated a motion to remand to state court on behalf of an interstate moving company on grounds that removal to federal court under the Carmack Amendment was proper because all state law claims asserted by the plaintiff were preempted. See the full article here.
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