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Andrew P. Carroll

Senior Attorney

Andrew Carroll is a litigator with a diverse and complementary practice who represents professionals, mortgage lenders and servicers, and construction clients in both civil and disciplinary proceedings.

Andrew focuses his professional liability practice on representing attorneys and law firms in a variety of civil and disciplinary proceedings, including claims of legal malpractice, abuse of process, breach of fiduciary duty, violations of debt collection laws, wrongful use of civil proceedings and actions brought by state disciplinary boards. Andrew also represents attorneys in litigation relating to partnership dissolutions, third-party litigation funding and fee splitting disputes.

Andrew ensures that the approaches he takes not only resolve the matter, but do so in a way that makes sense for their legal practice, which may mean resolving quickly to avoid protracted litigation or fighting until the end, but most of his strategy is a blend of the two based on circumstances in the individual case.

Andrew also defends lenders, mortgage servicers, and other financial institutions in litigation alleging violations of federal and state consumer finance laws, such as the Federal Debt Collection Practices Act, Truth in Lending Act, Real Estate Settlement Procedures Act and Consumer Financial Protection Bureau investigations and actions. Andrew further advises lenders, servicers and property owners in title disputes, eminent domain matters, and other litigation involving real property.

Andrew also assists real estate investors, developers and general contractors in risk assessment and litigation stemming from the purchase, construction, sale, and leasing of commercial and residential properties.

Education

J.D., Temple University James E. Beasley School of Law, Philadelphia, Pennsylvania, 2013
B.A., Pennsylvania State University, State College, Pennsylvania, 2010

Memberships

Board Member, Professional Liability Defense Federation

Membership Chair, Defense Research Institute

State Bar Licenses

Pennsylvania, New Jersey

Court Admissions

U.S. District Ct., E.D. of Pennsylvania
U.S. District Ct., District of New Jersey

REPRESENTATIVE MATTERS

  • Obtained defense verdict on behalf of homeowners’ association in declaratory judgment action seeking imposition of maintenance duties relating to underground sewer piping.
  • Prevailed on motion to dismiss third party complaint filed by investment fund against outside accounting firm for alleged failure to uncover $25 million Ponzi scheme.
  • Successfully argued appeal of a trial court’s ruling dismissing fraud, conspiracy and negligence per se claims against an accounting firm.
  • Obtained dismissal of a federal suit against ride-share company alleging violations of consumer protection laws and false advertising.
  • Secured trial victory on foreclosure matter in which the defendant was over five years in arrears and challenged the chain of title and compliance with the applicable Pooling and Servicing Agreement.
  • Attained dispositive relief on behalf of reverse mortgagee in matter where the borrower asserted origination fraud.
  • Succeeded at summary judgment on behalf of mortgagee when inconsistencies in the execution and recording of an assignment of mortgage created allegations of fraud and lack of standing to foreclose.
  • Won summary judgment on Dragonetti claim brought against attorneys representing the son of a high profile singer in an underlying estate dispute in the first case interpreting the Pennsylvania Supreme Court’s decision in Raynor v. D’Annunzio

THOUGHT LEADERSHIP

  • A New Frontier: Ethical Issues for Professionals in a Virtual World, Presentation, Defense Research Institute Professional Liability Seminar (Winter 2020)
  • Litigation Funding: Will This Glittering Investment Bring on a Malpractice Gold Rush? Part II, Professional Liability Defense Quarterly (Summer 2020)
  • Litigation Funding: Will This Glittering Investment Bring on a Malpractice Gold Rush? Part I, Professional Liability Defense Quarterly (Spring 2020)
  • To Stand Still Is to Fall Behind: Succession Planning for the Present and Future Health of Your Firm, Presentation, PLDF Annual Meeting, New Orleans, LA (2018)
  • Ugh Oh: Doctrine of In Pari Delicto Severely Restricted in Massachusetts, Co-Author, Professional Liability Defense Quarterly (Spring 2018)
  • Millennials: The Product of Experience, Professional Liability Defense Quarterly (Spring 2018)
  • The Preemption of State Court Claims Based on Frivolous Bankruptcy Actions: When the Overwhelming Weight of Authority Isn’t Enough, Consumer Bankruptcy Journal (Summer 2017)
  • Partnership Estoppel: How Resourceful Attorneys Create Unwanted Liability, Co-Author, DRI: The Voice (Spring 2017)
  • Attorneys: Be a Watchdog for Your Accountant Clients, Co-Author, DRI: The Voice (Spring 2017)
  • Don’t Be Evil…Unless It Increases Revenue: What the Operation of Credit Rating Agencies Can Teach Us about Google, 31 Temp. J. Sci. Tech. & Envtl. L. 93 (Summer 2012)