Andy Gaona

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Andy is a litigator who assists clients in complex commercial disputes, appeals, election disputes, and civil forfeiture claims. He is often called upon to represent clients involved in state and federal constitutional disputes at both the trial and appellate level, and has helped clients throughout Arizona in matters arising under the state’s Public Records Law.

In addition, Andy maintains an active pro bono practice, which has included litigating tort claims on behalf of a group of refugee farmers, successfully representing individuals appealing orders of removal in the Ninth Circuit Court of Appeals, and assisting a high school athlete in reinstating his eligibility to complete in interscholastic athletics.

Representative Matters

  • Counsel for civil forfeiture claimant in both the trial court and the Arizona Court of Appeals, resulting in the dismissal of the State’s forfeiture complaint with prejudice (State v. Byrd, 1 CA-CV 13-0181 (Ariz. Ct. App. May 28, 2015)).
  • Represented clients in all aspects of business and commercial disputes in Arizona trial courts through inception, discovery, and dispositive motions.
  • Counsel to various individuals and corporations facing civil forfeiture claims, often with parallel criminal charges, brought by the Arizona Attorney General’s Office and Maricopa County Attorney’s Office.
  • Counsel to congressional candidate in state court litigation regarding the validity of provisional ballots.
  • Counsel for amicus curiae in an original special action which resulted in the reinstatement of the chairwoman of the Arizona Independent Redistricting Commission ( Indep. Redistricting Comm’n v. Brewer, 229 Ariz. 347 (2012)).
  • Counsel for amicus curiae in support of the proponents of Proposition 204, who resisted attempts to remove the proposition from the ballot (Pederson v. Bennett, 230 Ariz. 566 (2012)).
  • Counsel for amicus curiae in support of the proponents of Proposition 204, who successfully argued that analysis of the proposition for ballot publicity material was misleading and not impartial (Tobin v. Rea, 231 Ariz. 189 (2013)).
  • Counsel for Members of Commission on Appellate Court Appointments in original special action in which the Supreme Court invalidated a state statute that altered the judicial nomination system (Dobson v. State ex rel. Comm’n on Appellate Court Nominations, 309 P.3d 1289 (2013)).
  • Prepared briefs and conducted oral argumens on behalf of individuals subject to orders of removal in the Ninth Circuit Court of Appeals, resulting in reversals in both cases (Carrillo-Jaime v. Holder, 533 F. App’x 760 (9th Cir. 2013)); Mercado v. Lynch, 668 F. App’x 272 (9th Cir. 2016)).

Awards & Recognitions

  • Southwest Super Lawyers Rising Stars: Business Litigation (2014 – present)

Publications & Speeches

  • Comment, “Privity No More: Implied Warranty Rights of Subsequent Purchasers of Commercial Property in Arizona,” 41 Ariz. St. L.J. 877 (2009)
  • Co-author (with Paul Eckstein and Jerica Peters), “What Didn’t Make It Into the Arizona Constitution,” 44 Ariz. St. L.J. 513 (2012)
  • Presenter, “The Arizona Supreme Court and the Arizona Constitution: The First Hundred Years,” CLE (Feb. 14, 2012)
  • Guest Lecturer, “Advanced Legal Writing and Election Law,” Sandra Day O’Connor College of Law, Arizona State University

Clerkships

  • Hon. Andrew D. Hurwitz, Arizona Supreme Court, 2010 – 2011

Activities & Memberships

  • Board Member, Arizona Center for Law in the Public Interest (2014 – present)

Education & Admissions

  • J.D., Arizona State University Sandra Day O’Connor College of Law, 2010; summa cum laude
  • B.A., Political Science & Spanish Literature, University of Arizona, 2006; magna cum laude
  • Admitted in Arizona, 2011