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Advocacy at a Higher Level

Horvitz & Levy is a solutions-based firm focused on appellate success. We are distinguished by our commitment to responsive service and on-going innovation in the areas of civil appellate litigation, amicus curiae support, and trial strategy consultation.

Our firm history, honors and awards, and locations speak to our collaborative approach and commitment to serving clients as well as the outstanding legal resources we bring to bear.

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Andrea M. Gauthier

Andrea M. Gauthier

Of Counsel - Los Angeles Office

How Andrea Helps Clients

Clients rely on Andrea Gauthier’s instincts regarding a wide range of substantive law issues, including insurance bad faith and products liability. She has argued before the California Supreme Court and has filed Supreme Court briefs resulting in successful outcomes, including an opinion confirming federal preemption of state tort theories (Carrillo v. ACF Industries, Inc. (1999) 20 Cal.4th 1158) and an opinion overturning a $28 million bad faith punitive damages verdict against a surety (Cates Construction, Inc. v. Talbot Partners (1999) 21 Cal.4th 28).


Andrea has focused her practice on appellate litigation at Horvitz & Levy since she joined the firm in 1994. Prior to joining the firm, Andrea was a Litigation Associate with Munger, Tolles & Olson and held a judicial clerkship with the Honorable A. Wallace Tashima of the United States District Court, Central District of California.

Representative Matters

Eisen v. Tavangarian (2019)
California Court of Appeal disagrees with prior decision from the same division, reversing judgment requiring partial demolition of remodeled home

Jankey v. Lee (2012)
California Supreme Court held that prevailing defendant in disability access action is entitled to mandatory award of attorney fees

Ray v. Kapiolani Medical Specialists (2011)
Hawaii Supreme Court overturned a $4,525,000 medical malpractice judgment

Advanced Bionics v. Medtronic, Inc. (2002)
California Court of Appeal overturned a trial court’s order enjoining a proceeding in another state based on principles of comity and judicial restraint

Saelzler v. Advanced Group 400 (2001)
California Supreme Court limited landowner liability for third party intentional torts

Safeco Ins. Co. v. Robert S. (1999)
California Supreme Court reaffirmed the validity of liability policy exclusions for criminal acts while rejecting as ambiguous an exclusion for illegal acts

Carrillo v. ACF Industries, Inc. (1999)
California Supreme Court confirmed federal preemption of state tort theories, overturning a $1.4 million judgment on the basis that plaintiff’s claims were preempted by the federal Safety Appliance Act

Cates Construction, Inc. v. Talbot Partners (1999)
California Supreme Court overturned a $28 million bad faith punitive damages verdict against a surety

Education

  • Harvard Law School
    J.D., magna cum laude, 1990
  • Harvard College
    A.B., summa cum laude, 1987

Clerkships

  • Hon. A. Wallace Tashima, U.S. District Court, Central District of California (1990-1991)

Bar Admissions

  • California
  • Hawaii
  • U.S. Court of Appeals, Ninth Circuit
  • U.S. Court of Appeals, Tenth Circuit

Awards

Publications