Dave's practice emphasizes the defense of tort and transportation related claims, product liability and commercial suits. He serves as outside product integrity counsel and aviation consultant for various companies and has developed and implemented a product liability program for a major aerospace manufacturer. Dave actively litigates cases involving aviation products liability, insurance coverage, commercial disputes, immigration and construction personal injury claims.
Trial ExperienceRepresentative Cases- National Union Fire Insurance Co. of Pittsburgh, Pennsylvania v. Dassault Falcon Jet Corp., filed August 4, 2005, U.S. District Court for the Central District of California, Western Division. Subrogation action, negligence and warranty product liability action arising from alleged defect in Falcon 900 aircraft landing gear component causing landing with nose gear retracted. Summary judgment granted in favor of sole defendant Dassault in May, 2006. Affirmed on appeal to U.S. Circuit Court of Appeals for the Ninth Circuit.
- USAU and Compass Foods, Inc. v. Dassault Aviation, et al., filed December 16, 2003 in U.S. District Court for the Eastern District of Arkansas. Alleged defects in Falcon 900 including anti-skid braking system and claims for property damage to aircraft. Transferred to U. S. District Court for Wyoming in August, 2006. Summary judgment in favor of all defendants granted May, 2007. No appeal filed.
- Anderson v. Dassault Aviation, 361 F.3d 449, filed March 4, 2004, Rehearing and Rehearing En Banc Denied April 9, 2004 (8th Cir. (Ark.)). Falcon 900 inflight upset accident involving crew conduct and autopilot components.
- Baroin v. Learjet Inc., Court of Appeals of Paris, 7th Chamber, Section A (1999). Defense verdict in favor of Learjet, upheld on appeal to Cour de Cassation (2001). Wrongful death claims by all occupants of a Model 55 which crashed in Africa. Alleged design defects included aerodynamic characteristics at high speeds and avionics system component. Aircraft design exonerated.
- Wenche Siemer v. Learjet Acquisition Corp., 966 F.2d 179 (5th Cir.(Tex.), 1992). Summary judgment on wrongful death claims arising from an accident in Egypt. Implicated as design defect were the high-speed characteristics of the Model 35 series aircraft. Fifth Circuit affirmed on basis of no personal jurisdiction over Learjet.
- Learjet Corp. v. Spenlinhauer, 901 F.2d 198, CCH Prod. Liab. Rep. P12,456 (1st Cir. (Me.), 1990).
- Adams v. Gates Learjet Corp., 711 F. Supp. 1377 (N.D. Tex.,1989). Summary judgment for Gates Learjet involving claims of design defect arising from Special Certification Review involving alleged autopilot defects and handling characteristics.
- Held v. Mitsubishi Aircraft Intern., Inc., 672 F.Supp. 369, 24 Fed. R. Evid. Serv. (Callaghan) 103, CCH Prod. Liab. Rep. P11,736 (D. Minn., 1987).
- Donnelly v. Gates Learjet Corporation, 688 F.2d 820, (3rd Cir. (Pa.), 1982).
Education
University of Michigan, Ann Arbor, MI 1976, J.D.
St. Olaf College, Northfield, MN 1966, B.A., cum laude
Bar Admissions
Michigan, 1977
Illinois, 1981
CourtsU.S. Supreme Court, 2001
U.S. Court for Veterans Appeals, 1999
U.S. Court of Appeals (1st Cir.), 1982
U.S. Court of Appeals (3rd Cir.), 1982
U.S. Court of Appeals (5th Cir.), 1982
U.S. Court of Appeals (8th Cir.), 2003
U.S. Court of Appeals (9th Cir.), 2006
U.S. District Court (E.D. Mich.), 1977
U.S. District Court (N.D. Ill.), 1982
Pro hac vice admission to practice in the following courts
U.S. District Courts: W.D. Michigan, D. Arizona, D. Alaska, N.D. Texas, E.D. Texas, N.D. Ohio, S.D. Florida, D. Minnesota, D. Iowa, W.D. Washington, S.D. California, D. Alabama, E.D. Pennsylvania, D. Maine, D. Wyoming, E.D.Arkansas
State Courts: Minnesota, Iowa, Ohio, Texas, Arizona, Connecticut, Pennsylvania, Maine, OklahomaForeign: French Civil Courts, Paris
Professional and Community OrganizationsAmerican Bar Association
State Bar of Michigan
Defense Research Institute
International Court of Aviation & Space Arbitration, Paris, France, Arbitrator/Board Member
Menominee Indian Tribe of Wisconsin, ancillary member
Recognized by the International Bar Association as one of Illinois' leading practitioners and listed in Who's Who Legal: Illinois 2006
AviationAirline Transport Pilot certificate, airplane multi-engine land, commercial privileges airplane single engine land, type rated in Learjets
MilitaryMichigan Air National Guard, 1979-1980:
171 Fighter Interceptor Squadron, Selfridge ANGB, Michigan, F-4 pilot.
United States Air Force, 1966-1973:
525 Tactical Fighter Squadron, Bitburg AB, Germany, 1970-1973, F-4 pilot,
13 Tactical Fighter Squadron, Udorn RTAFB, Thailand, 1968-1970, F-4 pilot.
LanguagesFrench
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