Education

• 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

Admissions

• 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

REPRESENTATIVE EXPERIENCE

• Procured voluntary dismissal of putative class action lawsuit following filing of motion to dismiss complaint in first-party property insurance total loss class action lawsuit.
• Obtained dismissal of consumer protection and contract claims brought against national homebuilder on motion to dismiss.
• Secured dismissal of putative consumer protection class action through contested settlement with bankruptcy trustee.
• Obtained partial summary judgment and partial exclusion of opposing expert witness in contract and consumer protection case pending in federal court.
• Represented an insurer in class action breach of contract cases relating to first-party total loss property damage.
• Defeated class certification in a case brought against a national home builder.
• Successfully defended financial institution in procedural motion seeking to intervene and file complaint on behalf of putative class.
• Successfully defended putative class action by obtaining order upholding pre-dispute arbitration provision in customer agreement.
• Successfully obtained appellate court decision reversing class certification, establishing important Rule 23 precedent.
• Crafted unique strategies to settle multi-party class action without class certification proceedings.
• Crafted strategy and arguments in successful Supreme Court of Ohio appeal involving class certification, which established national precedent in the defense of no-injury class actions.
• Procured dismissal of purported nationwide class action filed in federal district court alleging consumer and warranty claims utilizing early motion practice under Civil Rules 12 and 23.
• Defended national retailers in class action cases alleging false advertising.
• Defended lenders in class action claims relating to consumer warranty issued by defunct company.
• Defended retail company in class action consumer claims relating to discount certificates.
• Defended national retailer in customer class action alleging statutory and common-law claims; trial court dismissed case on early dispositive motion, court of appeals affirmed dismissal, discretionary appeal denied by Supreme Court of Ohio.
• Represented national retail chain in customer class action lawsuit asserting claims to discounted prices.
• Defended manufacturer in putative class action alleging false advertising.
• Successfully defended national home builder in putative class action.
• Lead counsel in putative class action brought under the TCPA.
• Utilized bankruptcy procedures to defeat long-standing class cation litigation.
• Defended manufacturer in putative class actions arising from product recalls, developing Article III standing arguments.
• Procured early dismissal of shareholder derivative and class action claims arising out of merger transaction.
• Defended public company in class action brought under consumer protection statues.
• Defended company against derivative D&O claims.
• Lead trial counsel of public company in defense of consumer protection claims.
• Shareholder derivative litigation involving Fortune 500 conglomerate.
• Defended large automobile dealer in class action consumer protection claims.
• Represented commercial real estate broker in commission dispute.
• Defended a public company in a class action alleging consumer protection and advertising claims in Illinois State Court.
• Consumer class action defense work for large credit card issuer.
• Class action defense of consumer claims in the construction and real estate industries.
• Class action defense in the financial and investment services industry.
• Class action defense of consumer protection, defective goods, and false advertising claims.
• Construction litigation involving large health care institution.
• Construction and business contract litigation on behalf of public company.
• Class action defense of consumer claims against large automobile dealer.
• Environmental class action involving over 30 expert witnesses.
• Warranty litigation involving claims of business loss.
• Automobile dealership franchise litigation.
• Consolidated investment fraud litigation involving over $80 million.
• Extensive shareholder rights, fiduciary duty, and director and officer liability litigation experience.
• Extensive business and consumer class action experience.
• Successfully resolved putative nationwide class actions through individual named plaintiff settlements.

REPORTED CASES

• 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
• 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)
• 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)
• 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 8^th 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 8^th Dist.)
• F&L Ctr. Co. v. M. Goodman, Inc., 2004-Ohio-5856 (Ohio 8^th Dist.)
• Nefores v. BrandDirect Mktg., Inc., 2004-Ohio-5006 (Ohio 5^th 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 8^th Dist.)
• Wallace v. The Ganley Auto Group, 2011-Ohio-2009 (Ohio 8^th Dist.)
• Maestle v. Best Buy Co., et al., 2011-Ohio-5833 (Ohio 8^th Dist.)
• Sandesara v. Peco II, Inc. et al., 2011-Ohio-5927 (Ohio 8^th Dist.)
• Grey v. Walgreen Company, 2011-Ohio-6167 (8th Dist.)

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)

Publications

• “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)

Presentations

• “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)

PROFESSIONAL AFFILIATIONS

• Ohio State Bar Association
• Cleveland Metropolitan Bar Association

HONORS

• Named to The Best Lawyers in America, Commercial Litigation (2021; 2022)
• AV Preeminent Peer Review Rated – Martindale-Hubbell

David and his wife Jeanne have four children.

• Ulmer Attorneys Recognized in The Best Lawyers in America© 2022 Report