M. Andrew Pippenger

AV Peer Review Rated

Mr. Pippenger represents plaintiffs and defendants in a wide variety of litigation, from complex commercial litigation to cases alleging catastrophic personal injury.

Representative Client Work

Representation of a publicly-traded company in a multi-million dollar construction dispute over alleged design/construction defects in a 600,000 square foot distribution facility.

Defense of an insurance carrier in a multi-million dollar construction dispute concerning the interpretation of a commercial general liability policy in an Owner Controlled Insurance Policy.

Defense of an insurance company in a dispute over the interpretation of a bond posted to secure the workers’ compensation obligations of a bankrupt, self-insured manufacturing facility in multi-million dollar litigation; tried case before the Hamilton County Chancery Court procuring judgment for client and thereafter briefed an issue of first impression before the Court of Appeals and Supreme Court of Tennessee.

Representation of a defendant in a contractual dispute over the interpretation of a guaranty; drafted Motion for Summary Judgment, procuring judgment for the client and releasing him from an $8 million guaranty obligation.

Prosecution of case on behalf of a manufacturing facility in a dispute over the application of the “economic loss rule” and the Tennessee Consumer Protection Act in litigation between corporate entities; briefed pleadings in reported decision.

Representation of a construction material supplier in a payment dispute under the Tennessee Mechanics’ Lien Law; briefed and argued matter before the Tennessee Court of Appeals in reported decision on matter of first impression.

Defense of a general contractor in a contractual indemnity dispute with owner, procuring an arbitration award on behalf of the general contractor.

Represented an equipment seller in a UCC/warranty dispute, procuring summary judgment for client.

Represented a law firm in a legal malpractice suit in multi-million dollar litigation, procuring dismissal on summary judgment.

Represented client on appeal in a dispute under Article 2 of the Tennessee Uniform Commercial Code; procured reversal of decision in the Sixth Circuit Court of Appeals and entry of judgment on behalf of the client.

Defense of an employer in a dispute concerning the interpretation of various contractual clauses and the Bankruptcy Code; briefed pleadings before the trial court and the Massachusetts Appeals Court.

Reported Cases

• State ex rel. Pope v. U.S. Fire Ins. Co., 145 S.W.3d 529, 530 (Tenn. 2004)
• Vulcan Materials Co. v. Gamble Constr. Co., 56 S.W. 3d 571 (Tenn. Ct. App. 2001)
• United Pet Supply v. City of Chattanooga, et. al., 786 F.3d 464 (6th Cir. 2014)
• Grant, Konvalinka & Harrison v. Banks (In re McKenzie), 716 F.3d 404 (6th Cir. 2013)
• Encore Med L.P. v. Kennedy, 861 F. Supp. 2d 886 (E.D.Tenn. 2012)
• Olin Corp. v. Lambda Elecs., 39 F. Supp. 2d 912 (E.D. Tenn. 1998)

Community Involvement

Former Board Member of the Chattanooga Metropolitan YMCA

Certifications of Specialization are available to Tennessee lawyers in all areas of practice relating to or included in the areas of Civil Trial, Criminal Trial, Business Bankruptcy, Consumer Bankruptcy, Creditor’s Rights, Medical Malpractice, Legal Malpractice, Accounting Malpractice, Elder Law, and Estate Planning. Listing of related or included practice areas herein does not constitute or imply a representation of Certification of Specialization.