Andrea Bierstein


Born New York, New York. Admitted to bar: 1985, New York; 1986, U.S. District Court, Southern and Eastern Districts of New York; 1987, U.S. Court of Appeals, Second Circuit; 1993, Massachusetts; 1997, U.S. Court of Appeals, Third Circuit; 1999, U.S. Court of Appeals, Ninth Circuit; 2005 U.S. Court of Appeals, Eleventh Circuit; 2008, U.S. Court of Appeals, Seventh Circuit. Education: Princeton University (A.B., 1978); New York University (J.D., cum laude, 1984).


By almost anyone’s account, Ms. Bierstein is one of the premier appellate brief-writers and oral advocates in the nation. She is highly experienced in virtually all forms of civil litigation and is a former law professor who designed and taught a civil litigation clinic and taught courses in Evidence and Remedies. She has made the roster of New York Super Lawyers in each year from 2007 to 2011.


Representative Cases

  • In Re: Depuy Orthopaedics, Inc. Pinnacle Hip Implant Product  Liability Litigation, MDL 2244 (N. D.  Tex.):  (representing individuals injured by defective metal-on-metal hip implants)
  • Jean-Charles v. Perlitz, 3:11cv614 (RNC) (D. Conn.) and St. Louis v. Perlitz, No.: 3:13-cv-01132 (RNC) (representing victims of pedophile)
  • ISynergetics USA, Inc. v. Alcon Laboratories, Inc. and Alcon, Inc., 2008-cv-3669 (DLC) (S.D.N.Y.) (plaintiff's contingency fee antitrust suit; settlement of $32 million and fee of $10.5 million);
  • In re Oil Spill by the Oil Rig “Deepwater Horizon” in the Gulf Of Mexico, on April 20, 2010 litigation (environmental litigation);
  • Easton Capital Management v. Rush, No. 09 Civ. 1307 (S.D.N.Y.) (representing venture capital investment funds prosecuting fraud and related claims arising from their investments in a medical device company);
  • In re Gadolinium-Based Contrast Agents Products Liability Litigation, MDL 1909 (N.D. Ohio) (representing individuals injured by contrast media used in MRIs)
  • In re Terrorist Attacks on September 11, 2001, MDL 1570 (S.D.N.Y) (argued appeal in Second Circuit)
  • In re Zyprexa Litigation, MDL 1596 (E.D.N.Y.) (third-party payer class action)
  • Reid v. Siniscalchi, No. 2874-VCN (Delaware Chancery) (representing investor in a derivative action involving claims arising from a joint venture to finance Russian communications satellites)
  • In re OxyContin, 15 Misc.3d 388, 833 N.Y.S.2d 357 (Sup. Ct. Richmond Co. N.Y.Sup. 2007)
  • Class actions and individual actions involving franchisees suing franchisor and other parties for breach of contract
  • Bartold v. Glendale Federal Bank, 81 Cal.App.4th 816, 97 Cal.Rptr.2d 226 (2000) (successful appeal)
  • Ramadan v. Chase Manhattan Corp., 156 F.3d 499 (3rd Cir. 1998) (successful appeal)
  • Class actions against automobile financing companies seeking recovery of illegal charges assessed at early termination of car leases
  • Class action seeking refund of unconstitutional tax on out-of-state companies
  • Class actions against banks and mortgages companies over failure timely to clear liens upon satisfaction of home loans 


Ms. Bierstein resides in New York City.

1 Course by Andrea Bierstein