Andrew P. Carroll

Andrew has broad experience defending management and professional liability actions. His clients have included corporate directors and officers; nonprofit boards; homeowners associations; and professionals and firms in accounting, law, insurance, financial services, and other industries.

Representative matters include:

• 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 of dismissal of fraud, conspiracy and negligence per se claims against accounting firm

Andrew is a central member of the firm’s Consumer Finance Litigation practice, focusing on complex consumer finance claims, complex commercial disputes, and other nonroutine litigation, frequently involving real property. His experience encompasses real property title claims, coverage matters, and contractual disputes. He also represents mortgage lenders, financial institutions, and debt collection firms in contested foreclosures and actions alleging violations of federal and state consumer finance laws, including the Fair Debt Collection Practices Act, Truth in Lending Act, Real Estate Settlement Procedures Act, and the Consumer Financial Protection Bureau regulations. His experience in this area includes taking matters through mediation, trial, and on appeal.

Andrew’s intimate knowledge of the lending industry and secondary mortgage market equips him with a valuable perspective in providing pre-foreclosure advisory services and defending these common challenges through trial. Andrew’s experience includes:

• Obtained reversal of a trial court decision denying standing to a mortgagee’s expungement of a subsequent lien pre-acquisition at sheriff’s sale
• Prevailed on behalf of mortgage servicer at summary judgment stage on claim that inconsistencies in the execution and recording of an assignment of mortgage evidenced fraud and lack of standing to foreclose
• 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 mortgage holder in matter where the borrower asserted origination fraud and mortgage broker negligence

Andrew advises and defends insurers in complex coverage disputes. Recent matters include:

• Won a dismissal with prejudice for a major national insurer of breach of contract and bad faith claims in the Delaware County Court of Common Pleas

• Contributor, Goldberg Segalla’s Data Privacy and Security blog: read Andrew’s blog posts here
• “Litigation Funding: Will This Glittering Investment Bring on a Malpractice Gold Rush?”, Professional Liability Defense Quarterly, Volume 12 Issue 3, 2020
• “Litigation Funding: Will This Glittering Investment Bring on a Malpractice Gold Rush?”, Professional Liability Defense Quarterly, Volume 12 Issue 2, 2020
• “Ugh Oh: Doctrine of In Pari Delicto Severely Restricted in Massachusetts” (Co-Author), DRI Riding the E&O Line, December 7, 2018
• “Millennials: The Product of Experience,” Professional Liability Defense Quarterly, Volume 10 Issue 2, 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), Riding the E&O Line: The Newsletter of the Professional Liability Committee, Defense Research Institute, August 8, 2017
• “Attorneys: Be a Watchdog for Your Accountant Clients” (Co-Author) DRI’s The Voice, March 29, 2017
• “Don’t Be Evil … Unless It Increases Revenue: What the Operation of Credit Rating Agencies Can Teach Us About Google,” 31 J. Sci. Tech. & Envtl. L. 93 (Summer 2012)

 

• “A New Frontier: Ethical Issues for Professionals in a Virtual World,” Defense Research Institute, Professional Liability Seminar, Winter 2020
• “To Stand Still Is to Fall Behind: Succession Planning for the Present and Future Health of Your Firm,” PLDF Annual Meeting, New Orleans, LA, October 4, 2018