David D. Yeagley


David is a trial and appellate lawyer whose practice focuses on class action and complex litigation. David’s practice encompasses the defense of consumer protection and deceptive practices litigation, defective products, warranty and false advertising litigation, business contracts litigation, insurance policy litigation, TCPA class actions, real estate and construction litigation, director, officer and shareholder rights litigation including D&O and derivative claims, credit card litigation, automobile franchise litigation, investment fraud and securities litigation, and environmental and toxic tort litigation. He has extensive appellate and oral advocacy experience, handling dozens of appeals. David is skilled in the development of comprehensive class action defense strategies, including the presentation of jurisdictional issues and the use of early motion practice under Article III, Rule 12(b) and Rule 23. David also has extensive experience regarding arbitration proceedings and the enforcement of arbitration clauses in consumer and business contracts. He was awarded the highest ranking, AV Preeminent, from Martindale-Hubbell®, and has consistently been named to The Best Lawyers in America® for Commercial Litigation.

Education & Admissions


  • Ohio Northern University

    (B.S., with distinction, 1986)

  • Ohio Northern University Pettit College of Law

    (J.D., with distinction, 1989)
    Willis Academic Honorary Society; Executive Editor, Ohio Northern University Law Review


  • State of Ohio
  • U.S. Supreme Court
  • U.S. Court of Appeals, Sixth Circuit
  • U.S. District Court, Northern District of Ohio
  • U.S. District Court, Southern District of Ohio
  • U.S. District Court, Northern District of Illinois (Trial Counsel)
  • U.S. District Court, Eastern District of Michigan



  • Argued an appeal in a contract dispute between two municipalities arising from a settlement agreement.
  • Multifaceted defense of consumer class actions involving pharmaceutical products arising from product recalls.
  • Successfully defended multiple class actions in trial and appellate courts, establishing important Rule 23 precedent including seminal Ohio Supreme Court decision on “no injury” class actions.
  • Secured dismissal of first-party total loss insurance cases including voluntary dismissal in response to motion to dismiss.
  • Lead counsel in jury trial to verdict in U.S. District Court for the Northern District of Illinois, procuring defense verdict on consumer protection and punitive damages claims.
  • Secured favorable resolution and dismissal of TCPA class actions.
  • Secured favorable resolution of complex multi-party premises liability lawsuit involving building façade.
  • Procured early dismissal of Ohio Securities Act claim based on motion to dismiss.
  • Defeated putative class actions in multiple cases through motion practice under Rules 12(b)(1), 12(b)(2), 12(b)(6), and 23.
  • Achieved dismissal of claims through Daubert challenges of opposing experts.
  • Successful defense of a national homebuilder in multiple cases involving real estate development contracts and customer claims for breach of contract/warranty and violation of consumer statutes.
  • Procured highly favorable dismissal of long-standing class action lawsuit through contested settlement with bankruptcy trustee.
  • Procured dismissal of class action and high stakes lawsuits through contested enforcement of arbitration clauses and defense of motion to intervene.
  • Defended a wide array of companies in consumer protection and deceptive practices litigation.
  • Implemented multifaceted defense of an international company in a nationwide class action asserting warranty claims, leading to a dismissal.
  • Defended an international company in a nationwide class action alleging false advertising.
  • Procured an early dismissal of shareholder derivative and class action claims arising out of a merger transaction.
  • Skilled in developing and implementing comprehensive defense of claims from case inception through jury trials and appeals, including cutting edge arguments under Article III and class member ascertainability.


  • Kitral v. NVR, Inc., Case No. 21-cv-612, 2021 WL 1927853 (N.D. Ohio May 13, 2021)
  • Smith v. NVR, Inc., 2019 WL 6838938 (N.D. Ill. Dec. 16, 2019)
  • Big City Small World Bakery Cafe, LLC v. Francis David Corporation dba Electronic Merchant Systems, 2017 WL 2954694 (E.D. Mich.)
  • Javitch v. First Union Securities, Inc., 2017 WL 768024 (N.D. Ohio)
  • Konarzewski v. Ganley, Inc., 2017-Ohio-4297, 2017 WL 2590553 (8th Dist.)
  • Allen v. Nationwide Mutual Ins. Co., et al., 2017 WL 881456 (S.D. Ohio)
  • Lopez v. JPMorgan Chase Bank, N.A., No. 15-CV-1970, 2016 WL 2990982 (N.D. Ohio)
  • Felix v. Ganley Chevrolet, Inc., 2015-Ohio-3430 (Supreme Court of Ohio Aug. 27, 2015)
  • Sizler v. Stanek Vinyl Windows Corp., 2015 WL 555987 (N.D. Ohio)
  • Gill-Samuel v. Nova Biomedical Corporation, 298 F.R.D. 693 (S.D. Fla. 2014)
  • GuideOne Elite v. Synergy Building Systems, Inc., et al, 12-CV-110 (S.D. Ohio 2012)
  • Koyo Corp. v. Comerica Bank, et al, Case no. 10-CV-2557 (N.D. Ohio 2011)
  • Sandesara v. PECO II, Inc., 2011 WL 5590279 (8th Dist.)
  • Stalvey v. NVR, Inc., 2011 WL 3472385 (N.D. Ohio)
  • Prephan v. NCO Fin. Sys., Inc., 2011 WL 2579817 (N.D. Ohio)
  • Priore v. Chase Bank USA, N.A., Case No. 09-cv-1045 (N.D. Ohio 2010)
  • Heiges v. JP Morgan Chase Bank N.A., 521 F.Supp.2d 641 (N.D. Ohio 2007)
  • Repede v. Nunes, 2006-Ohio-4117 (Ohio 8th Dist.)
  • All-Iowa Contracting Co. v. Linear Dynamics, Inc., 296 F.Supp.2d 969 (N.D. Iowa 2003)
  • Rudy v. Carter, 2009-Ohio-2729 (Ohio 8th Dist.)
  • F&L Ctr. Co. v. M. Goodman, Inc., 2004-Ohio-5856 (Ohio 8th Dist.)
  • Nefores v. BrandDirect Mktg., Inc., 2004-Ohio-5006 (Ohio 5th Dist.)
  • C.H. Robinson Worldwide, Inc. v. Maxxum Group, LLC, 2010 U.S. Dist. LEXIS 73419 (D. Minn.)
  • McClendon v. Challenge Fin. Investors Corp., 2009 U.S. Dist. LEXIS 22446 (N.D. Ohio)
  • Olah v. Ganley Chevrolet, Inc. 2010-Ohio-5485 (Ohio 8th Dist.)
  • Wallace v. The Ganley Auto Group, 2011-Ohio-2009 (Ohio 8th Dist.)
  • Maestle v. Best Buy Co., et al., 2011-Ohio-5833 (Ohio 8th Dist.)
  • Grey v. Walgreen Company, 2011-Ohio-6167 (8th Dist.)

Publications & Presentations

Client Alerts

  • "SCOTUS Green Lights Price Impact Evidence for Class Cert in Inflation-Maintenance Case," Ulmer & Berne LLP Client Alert (June 2021)
  • "U.S. Supreme Court Accepts Case That Could Alter the Landscape of Private Securities Litigation," Ulmer & Berne LLP Client Alert (January 2021)
  • “New Supreme Court Decision: Tyson Foods v. Bouaphakeo,” Ulmer & Berne LLP, Client Alert (March 2016)
  • “Ulmer & Berne Obtains Leading Decision in the Supreme Court of Ohio on Defending No-Injury Class Actions,” Ulmer & Berne LLP, Client Alert (September 2015)
  • “The Judicial Pick-Off Play: U.S. Supreme Court Holds Individual Offer of Judgment Moots FLSA Collective Action,” Ulmer & Berne LLP, Client Alert (April 2013)
  • “Supreme Court Doubles Down on Wal-Mart Stores, Inc. v. Dukes, Tightening Class Certification Requirements,” Ulmer & Berne LLP, Client Alert (March 2013)
  • “Ohio Legislature Helps Protect Construction Trades by Shortening Statute of Limitations,” Ulmer & Berne LLP, Client Alert (September 2012)
  • “Amendment to Ohio Revised Code Implements Cure Offer in Consumer Claims,” Ulmer & Berne LLP, Client Alert (July 2012)
  • “Supreme Court Nixes Massive Wal-Mart Employee Class Action,” Ulmer & Berne LLP, Client Alert (July 2011)
  • “Primary Liability Under Rule 10b-5 Limited to “Ultimate Makers” of Fraudulent Statements,” Ulmer & Berne LLP, Client Alert (June 2011)


  • “Punishment and Deterrents,” Best Lawyers (September 2022)
  • “A Class Action Was Just Filed—Now What?” JD Supra (March 2022)
  • Defending The ‘No-Injury’ Class Action Law360 (July 2015)
  • 2nd Circ. Unlikely To Change Class Action Status Quo Law360 (February 2015)
  • “Primary Liability Under Rule 10b-5 Limited to ‘Ultimate Makers’ of Fraudulent Statements,” VC Experts’ Encyclopedia of Private Equity and Venture Capital (July 2011)
  • “Class Action Defense Checklist,” Ulmer & Berne LLP, Financial Law Resource (Summer 2007)


  • “Ulmer’s Front-Line Insights on the Class Action Landscape in Ohio & What it Means for You,” Ulmer Litigation Conference (September 2017)
  • “Consumer Class Actions: Where Do We Go From Here?” Ulmer & Berne, Financial Services & Securities Litigation Hot Topics 2015 (November 2015)
  • “Navigating the Ever-Changing Landscape of Financial Services Litigation,” Financial Services Hot Topics (December 2013)



  • Ohio State Bar Association
  • Cleveland Metropolitan Bar Association



  • Named to The Best Lawyers in America, Commercial Litigation (2021-2024)
  • AV Preeminent Peer Review Rated – Martindale-Hubbell


David and his wife Jeanne have four children.