David Kanter is a partner in the law firm of Edwards Wildman. David has spent his entire career counseling and defending chemical companies and product manufacturers that face legal challenges involving complex medical and scientific issues. He primarily represents chemical companies in toxic exposure cases across the country in both putative class actions and individual or mass injury cases. For many years, Dave has litigated cases on behalf of leading companies in the pressure-treated wood product industry, and in the role of lead trial lawyer, he has obtained defense jury verdicts in the only four treated wood toxic exposure cases to reach trial in the past two decades. Dave has a long track record of successful results in multiple state and federal courts, including defeating class certifications, winning defense verdicts on jury trials, dismissing cases on summary judgment, and has successfully challenged the admissibility of expert testimony. He also counsels companies on matters pending before the Environmental Protection Agency and the Consumer Product Safety Commission. In addition to his work with the chemical industry, he represents pharmaceutical and medical device companies, product manufacturers, and physicians in defending claims of personal injury and product liability.
Dave has been recognized by BTI Consulting Group as one of its BTI Client Service All-Stars 2012.
Notable Experience
· Represented Australian toy company in multi-district, class-action litigation involving children's product recalled by Consumer Product Safety Commission after it was determined that chemical formulation was altered so that when product was ingested, it allegedly metabolized to the chemical equivalent of the "date-rape drug." Plaintiffs' Motion for Class Certification was denied.
· As lead trial counsel, won jury verdict in favor of California Cascade Industries in case brought in California Superior Court, Sacramento County by carpenter/contractor alleging injury to his lungs, brain and peripheral nervous system from arsenic poisoning allegedly as a result of long term occupational exposure to CCA pressure treated wood.
· Won denial of class certifications brought against Osmose, Inc. and Arch Wood Protection, Inc. in national putative class actions brought in both the U.S. District Court for the Southern District of Florida and the U.S. District Court for the Western District of Louisiana on behalf of purchasers and owners of CCA pressure-treated wood; representation included coordination of discovery, expert witnesses, and class action pleadings
· As lead trial attorney, won jury verdict in favor of Osmose, Inc. and Universal Forest Products, Inc. in lawsuit brought by a carpenter in state court in Denver, Colorado, alleging that toxic exposure to arsenic in sawdust from CCA pressure-treated wood caused severe neurological, cognitive, and liver injuries
· As lead trial attorney, won jury verdict in favor of Osmose, Inc. in a lawsuit brought by a carpenter in state court in Bloomington, Indiana, alleging that toxic exposure to arsenic in CCA pressure-treated wood caused severe vascular injury
· As lead trial attorney, won verdict in favor of Osmose, Inc., Arch Chemicals, Inc., Universal Forest Products, Inc., and Midwest Timber, Inc. in a lawsuit brought by a construction worker in state court in Muskegon, Michigan alleging that exposure to sawdust from CCA pressure treated wood caused severe lung injury
· As lead trial attorney, won multiple medical malpractice jury trials on behalf of physicians in the Circuit Court of Cook County, Illinois
· Won summary judgment in the Circuit Court of Cook County, Illinois, in favor of Celanese Corporation on all counts against all plaintiffs, approximately 30 former and current employees of Ingalls Memorial Hospital, who alleged neurological, cognitive, and respiratory injuries from occupational/toxic exposure to the sterilant ethylene oxide
· Won summary judgment in favor of Arch Wood Protection, Inc. in a lawsuit in state court in Mt. Carroll, Kentucky brought by the family of deceased chemical plant manager that alleged plant manager's brain cancer was caused by occupational exposure to arsenic at wood treating plant
· Represented Wyeth Laboratories, Inc. on regional basis in both recurrent product liability cases (e.g.,pertussis vaccine, fen-phen, Norplant) and non-recurrent (e.g., Premarin, Flurothane, Inderal) product liability cases
· Won summary judgment of Pizza Hut of America in a lawsuit brought in U.S. District Court for Northern District of Illinois by a mother of a severely brain-damaged child, defeating allegations that in utero exposure to high level of carbon monoxide coming from inadequately vented pizza oven caused severe brain injury to unborn child
Other Distinctions
· Selected by In-House Counsel as "BTI Client Service ALL-Star." One of only 272 litigators nationwide recognized for this honor.
· Named Leading Lawyer in Illinois (Product Liability, Toxic Tort)
· Selected as Illinois Super Lawyer
· AV Peer Review Rating by Martindale-Hubbell (highest rating given)
Recent Speaking Engagements and Publications
· Program Co-Chair, "Chemical Products and Toxic Torts: From Crises to Mass Litigation: Starting Smart and Finishing Strong," ABA Section of Litigation Products Liability and Mass Torts Committees Regional CLE Workshop, October 2010.
· Program Co-Chair and Moderator, "Biomonitoring, Toxicogenomics and Other Emerging Tools Used to Analyze Medical Causation," ABA Section of Litigation Products Liability and Mass Torts Committees Regional CLE Workshop, September 2009.
· Panelist, "New Ways to Daubert Challenge Experts: Medical Causation Meets Evidence-Based Medicine," American Bar Association Section of Litigation, Environmental, Products Liability and Mass Torts Committees Seminar, January 2005.
News & Publications
February 14, 2012, Two Edwards Wildman Attorneys Named BTI Client Service All-Stars
Besides Edwards Wildman
Dave resides in Clarendon Hills, Illinois with his wife and four children and is an avid fan of the Chicago White Sox and the University of Illinois' Fighting Illini.
Memberships
· American Bar Association (Co-Chair, Mass Tort Litigation Subcommittee on Toxic Torts, 2005-2010)
· Defense Research Institute (Drugs & Medical Devices Section)
· Elected to American Board of Trial Advocates (ABOTA)