Andrew L. Frey

Andrew L. Frey

Andy Frey has been integral to the development of constitutional limitations on punitive damages for over 25 years.  During this time, he has argued four punitive damages cases in the US Supreme Court for business defendants, including BMW of North America, Inc. v. Gore, the Court’s seminal excessiveness case, as well as Philip Morris USA v. Williams and Honda Motor Co. v. Oberg, each of which resolved procedural due process challenges in favor of our clients.  No other defense counsel has argued more than one punitive damages case in the Court.  Andy also has successfully argued punitive damages cases in many lower federal and state courts.  Andy has represented insurers, automobile manufacturers, consumer product manufacturers, pharmaceutical companies, energy companies, financial institutions, and many other kinds of businesses in punitive damages litigation.

In addition, Andy has written many scholarly pieces on punitive damages, including co-authoring with Evan Tager and Lauren Goldman the chapter on punitive damages in the ABA’s multi-volume treatise, Business and Commercial Litigation in Federal Courts.  Andy has also often appeared on panels on punitive damages.

Read Andrew’s full bio.

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Federal Jury Returns $150 Million Punitive Verdict Against AbbVie—Without Awarding Any Compensatory Damages For The Plaintiff’s Injury—As A Result Of Multiply Flawed Jury Instructions

You’ve likely seen by now media reports about an Illinois federal jury’s $150 million punitive award against AbbVie in a case brought by a plaintiff who alleged that AbbVie’s low-T medication AndroGel caused his heart attack.

The jury found against …

Thomson Reuters Publishes Fourth Edition Of Business And Commercial Litigation In Federal Courts, Containing Our Chapter On Punitive Damages

TreatiseWe are excited to report that in late December Thomson Reuters released the fourth edition of the multi-volume treatise Business and Commercial Litigation in Federal Courts.  As in the first three editions, we contributed the chapter on punitive damages—Chapter …

Some Thoughts About Verdict Forms

Sign-Jury_Deliberations_2984166When we are asked to assist with post-verdict motions after a jury has returned a large punitive award, all too often we find that the verdict form relating to punitive liability asks only whether the standard for punitive liability has …

When Is A 99.6% Reduction Of A Punitive Damages Award Not Enough? When The Original Award Was $9 Billion And There Are Thousands Of Other Plaintiffs Seeking Comparable Awards.

Medical_Insurance_Concept_35162090A jury in the Western District of Louisiana made headlines last spring when it awarded a stunning $9 billion in punitive damages to a plaintiff who contended that the diabetes drug Actos caused his bladder cancer.  Last week, the district …


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