- Penn State Dickinson Law School
- Email: firstname.lastname@example.org
- Valley Forge
- Phone: 610.205.6004
- Fax: 610.371.7968
For more than 25 years, Dave has guided product manufacturers and other public and private entities to effectively handle complex regulatory and litigation matters. Dave concentrates his practice on environmental, toxic tort, product liability and other complex litigation and regulatory challenges to clients. He represents businesses and individuals in state and federal courts and in administrative litigation. He represents national and regional manufacturing companies and many other kinds of businesses.
In regard to environmental issues, he has represented multiple clients in Superfund litigation matters, including representation of a client at trial, until a favorable settlement was reached as a result of favorable testimony during trial. He also has represented companies including a waste management company and a regional transportation authority, in administrative litigation before the Pennsylvania Environmental Hearing Board. He assists clients with issues arising under multiple federal and state statutes, including but not limited to: CERCLA (environmental cleanup liability); RCRA (hazardous waste handling and disposal issues); and FIFRA (EPA administration litigation regarding products regulated as pesticides). He has extensive experience litigating and resolving disputes regarding contaminated properties. He also has experience assisting clients in regard to environmental emergency response issues including in regard to Clean Air Act Risk Management Plans, and the Emergency Planning and Community Response Act (EPCRA).
Dave recently served as environmental counsel to a former major national chemical manufacturer in regard to EPA CERCLA and state of Utah environmental claims for over $100 million in U.S. Bankruptcy Court in New York. He also currently is litigating a CERCLA cost recovery case in a U.S. District Court in the Midwest, and another CERCLA case in the U.S. District Court, Eastern District of Pennsylvania.
Dave also has protected companies on a wide array of both federal and state product liability and regulatory issues. He assists clients with proactive response to consumer and government complaints, and with compliance and litigation avoidance, including product stewardship and safety issues, and appropriately addressing product safety and reporting in connection with the Consumer Product Safety Commission (CPSC). He has defended many major product liability cases in federal and state courts that arose from serious personal injuries and property damage. He also advises clients and defends class action and governmental allegations related to packaging and labeling claims, including those arising from regulation of alleged “slack fill” of packaging, banned phthalate contents, and other consumer product or packaging liability issues. He guides clients on labeling compliance and claims, warranty claims, class action consumer deception allegations, and other consumer liability issues surrounding alleged product hazards, packaging, labeling and warranties. His defense of toxic chemical exposure lawsuits has included allegations related to solvents, lead, honing and cutting oils, paints, asbestos and other chemicals and compounds.
Dave works also with the firm’s M&A lawyers to address product liability, warranty, environmental and other risk mitigation and regulatory issues in the context of transactional matters. He has substantial experience litigating cases both at the trial and appellate levels.
Environmental Litigation and Counseling
- Appointed by international chemical company as Pennsylvania counsel for environmental crisis response issues
- Representation of major international manufacturer in Superfund matter including federal court litigation in a state in the Midwest and pre-litigation negotiations in a state in the South
- Has represented clients in multiple CERCLA (Superfund) litigation and negotiation matters, including obtaining favorable settlement based on going to trial in one cost recovery case in the U.S. District Court for the Eastern District of Pennsylvania
- Advised president of client firm on scene in the first hours of a 10-acre warehouse fire, said to be the second largest in Philadelphia history. Guided client with immediate retention of emergency response environmental contractors, while personally interfacing with the EPA, Coast Guard, Pennsylvania Department of Environmental Protection and Philadelphia police and fire emergency responders. Also consulted with Philadelphia fire department regarding identification of relevant materials in warehouse, based on Stevens & Lee’s prior guidance with regard to the client’s EPCRA (Emergency Planning and Community Response Act) records. Client was ultimately issued a commendation by the City of Philadelphia for its exemplary efforts in response to the fire.
- Litigated and successfully resolved environmental issues relating to appeals taken to the Pennsylvania Environmental Hearing Board
- Currently appointed Pennsylvania counsel to a manufacturing company for defense of asbestos cases; previously represented a major asbestos product manufacturer in Philadelphia litigation
Product Liability Litigation and Counseling
- Advises clients on various aspects of governmental compliance and issues concerning product liability and alleged product defects or noncompliance with federal and state regulations, including under the federal Consumer Product Safety Act, the Consumer Product Safety Improvement Act and various state law issues including claims of “non-functional slack fill,” Prop 65 compliance and testing and the defense of consumer class action cases.
- Defended to successful resolution numerous major product liability lawsuits and claims involving consumer products and industrial equipment, including:
- Quadriplegia caused by construction site explosion of large tool box – mixed allegations of product defect and contractor negligence (Phila. Common Pleas Court)
- Partial hand amputation in accident due to alleged defective product design of industrial punch press
- Consumer class action alleging “slack fill” of packaging. Provided advice to multiple other companies facing “slack fill” packaging claims made by District Attorneys (multiple California claims, co-counseling with local CA counsel)
- Severe burns from hot coffee from allegedly defective shattered stove top glass carafe (USDC Eastern Dist. PA)
- Amputation of legs allegedly caused by failed brakes of tractor-trailer, based on mixed allegations of negligence and vehicle manufacturing defect
- Defended numerous toxic exposure lawsuits involving a wide variety of chemical substances, including as examples:
- Myelodysplasia allegedly caused by work place exposure to cutting oils and client’s honing oils used with industrial machinery – Silva v. Sunnen Products Company
- Acute myelogenous leukemia allegedly caused by exposure to solvents supplied by client – Davis vs. International Paper Co. et al.
- Mesothelioma and other cancers allegedly caused by exposure to asbestos allegedly supplied by clients
- American Bar Association, Section of Environment, Energy and Resources; Environmental Litigation and Toxic Torts Committee, Tort and Insurance Practice Section
- Pennsylvania Bar Association, Administrative Law Section; Environmental Law Section
- Environmental Advisory Council, Upper Merion Township, Chair, 2005-2008
- Delaware Valley Environmental Inn of Court, Barrister, Master, 1998-2004
- Defense Research Institute, Member Toxic Torts and Environmental Law Committee; Product Liability Committee
- Philadelphia Bar Association, Environmental Law Section, CERCLA/HSCA Committee Co-Chair, 1996; Executive Committee Member, Young Lawyers Section, 1988-1991; Chair, Merit Selection Committee, 1989-1991
- Dickinson School of Law of The Pennsylvania State University, J.D., Member of Dickinson Law Review
- Kenyon College, B.A.
- U.S. District Court for the Eastern District of Pennsylvania
- U.S. District Court for the Western District of Pennsylvania
- U.S. Court of Appeals for the Third Circuit