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

• 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.

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 (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 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.)
• 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

• “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)

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 (2021-2024)
• AV Preeminent Peer Review Rated – Martindale-Hubbell

David and his wife Jeanne have four children.

• Ulmer Attorneys Recognized in The Best Lawyers in America® 2024 Report
• Ulmer Attorneys Recognized in The Best Lawyers in America© 2023 Report
• Ulmer Attorneys Recognized in The Best Lawyers in America© 2022 Report