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Andrew Thebaud

Portrait of Andrew Thebaud

Andrew is a shareholder in the firm's Casualty Department where he represents clients in the fields of construction injury litigation, retail liability, product liability, automobile litigation and property litigation. His clients include construction companies, maintenance companies, retail stores and product retailers, among other clients.

Andrew handles a significant amount of retail and premises liability cases. These cases involve everything from slip and falls to design and construction defects to assaults and inadequate security claims. He works alongside investigators and experts to provide the best defense for his client. He also takes an economical approach to litigation while staying focused on providing premium customer service.

Andrew also has experience representing clients in labor law cases, including those involving Labor Law 240(1) claims. Many of the plaintiffs in his cases allege serious debilitating injuries that prevent them from working again and seek multi-million dollar settlements. In addition to defending these claims, Andrew has also successfully brought third-party actions against subcontractors to defend and indemnify his clients.

Prior to joining Marshall Dennehey, Andrew worked at a New York super-regional firm where he represented nationally known insurance companies, utilities, common carriers and multinational corporations. Andrew is a graduate of the University of Virginia School of Law where he was a competitor on BLSA Mock Trial Team, a competitor of William Minor Lile Moot Court Competition, and articles editor for the Virginia Sports and Entertainment Law Journal. He received a Bachelor of Arts with honors from the State University of New York at Albany.

    • University of Virginia School of Law (J.D., 2014)
    • State University of New York at Albany (B.A., summa cum laude, 2010)
    • New York, 2015
    • U.S. District Court Eastern District of New York
    • U.S. District Court Northern District of New York
    • U.S. District Court Southern District of New York
    • The Best Lawyers: Ones to Watch®, Personal Injury Litigation - Defendants (2021-2025)

Thought Leadership

Case Law Alerts

Can spoliation sanctions be imposed for failing to submit to physical examination prior to undergoing surgery on body part allegedly injured by defendant’s tortious conduct?

April 1, 2022

The First Department answered a legal question trial courts have been wrestling with for the past few years: Can spoliation sanctions be imposed on a plaintiff who fails to submit to a physical examination prior to undergoing surgery on a body part that the plaintiff claims was injured by the defendant’s tortious conduct? The First Department held unanimously that sanctions cannot be imposed because “the condition of one’s body is not the type of evidence that is subject to a spoliation analysis.”  In Gilliam, the court reasoned that the spoliation analysis has long been applied to a party’s destruction of inanimate evidence (e.g., documents, surveillance videos and electronic data) and should stay that way. The state of one’s body, the First Department argued, is fundamentally different from the “destruction of documents or tangible evidence which spoliation sanctions attempt to ameliorate.” The First Department also concluded that subjecting a plaintiff’s health condition to spoliation analysis is antithetical to personal liberties and personal autonomy over our own bodies. The First Department’s decision effectively changes the landscape of civil litigation and the role of medical examinations in personal injury litigation. The decision is currently under appeal.    Case Law Alerts, 1st Quarter, April 2022 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2022 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.

Firm Highlights

Thought Leadership

Appellate Division Affirms Dismissal of Legal Malpractice Counterclaim Against Martin Law Firm

In Martin v. Loury, 2026 N.J. Super. Unpub. LEXIS 1617 (App. Div. July 15, 2026), Martin Law Firm represented Kirk Loury in an employment matter Mr. Loury filed against his former employer, Concord Equity Group Advisors LLC (“Concord”). The allegations included, among other things, that Loury was not fairly compensated for his employment with Concord. After a bench trial finding in Loury’s favor, the Appellate Division remanded this matter in February 2016 for a second trial. During the second trial, Concord CEO, Lee Argush, testified to lower compensation estimate than first trial. On remand, the second trial judge awarded Mr. Loury the same damages as the first judge, finding Mr. Argush not credible. After the findings during the second trial, Martin Law Firm filed an action against Mr. Loury to recover legal fees and costs of representing Mr. Loury in a second bench trial and Mr. Loury filed a counterclaim against Martin Law Firm for legal malpractice, alleging he should have received an even higher award in the second bench trial. In this allegation, Mr. Loury, through his expert, claimed that Martin Law Firm should have recalled Mr. Loury to the stand to rebut Mr. Argush’s testimony to allege an alternative theory of damages. Mr. Loury’s expert admitted that the second judge already rejected Mr. Argush's theory and accepted Loury's damages theory. The trial court barred Mr. Loury’s expert and dismissed Loury's counterclaim with prejudice before convening the collection trial, and the jury ruled in Martin Law Firm’s favor. Mr. Loury appealed the trial court's pretrial rulings barring his liability expert from testifying in support of his legal malpractice counterclaim, denying his motion for summary judgment on that counterclaim, and denying his motion to amend his counterclaim by adding attorney Joseph A. Martin as a codefendant. In affirming the trial court’s decision, the Appellate Division held that the trial court properly excluded Loury’s expert testimony in the counterclaim against Martin Law Firm because the expert could not explain how calling Loury as a rebuttal witness would have increased damages when the second judge already rejected Mr. Argush's testimony and accepted Loury's damages theory, making the expert’s causation opinion speculative. The Appellate Division also held that the trial court properly denied Mr. Loury's summary judgment motion on his malpractice counterclaim because reasonable minds could differ on whether Mr. Martin's alleged failures would have changed the second judge's damages award, given the judge already found Mr. Argush not credible, creating genuine factual disputes precluding summary judgment. Also, the Appellate Division held that the trial court properly denied Loury's May 2023 motion to add Joseph Martin individually because the statute of limitations expired in February 2022, six years after the 2016 appellate remand when Mr. Loury incurred new legal costs, and relation back did not apply because Mr. Loury knew Mr. Martin's identity throughout and strategically chose to sue only Martin Law Firm in his 2019 counterclaim.