David F. Abernethy concentrates his practice on commercial litigation, with particular emphasis on the defense of products liability actions involving chemical exposure, pharmaceutical products and medical devices, and the representation of insurers in coverage disputes involving general liability and directors' and officers' liability policies. David also handles a wide range of commercial contract, fraud and business tort cases.
Products Litigation. David has defended hundreds of products liability claims in Pennsylvania, New Jersey and other jurisdictions, including numerous claims on behalf of one of the nation's largest pharmaceutical makers. He has trial and appellate experience defending a variety of pharmaceutical products and medical devices, and extensive experience with other products claims including chemical and industrial products and electrical equipment. He is national coordinating counsel handling benzene exposure cases for a major manufacturer of consumer and industrial products.
Appellate Practice. David has extensive experience prosecuting and defending appeals in products, insurance and commercial cases. He has handled numerous appeals in asbestos and products cases in Pennsylvania and New Jersey, and has acted as consulting counsel for defendants on asbestos appeals in a variety of other jurisdictions. David has briefed and argued appeals in insurance coverage disputes in the Second, Third and Tenth Circuits and in the Utah Supreme Court, and has handled a number of appeals in commercial cases in various state and federal courts. He was appointed by the U.S. Court of Appeals for the Second Circuit to act as appellate counsel in a pro bono prisoner civil rights action that was briefed and argued in 2009.
Insurance Coverage Litigation. David has represented a number of the country's largest insurance carriers, at trial and in appeals, handling complex coverage disputes under general liability and directors' and officers' liability policies. These disputes have arisen from diverse underlying litigation, including asbestos bodily injury and buildings claims, AIDS bodily injury claims, environmental pollution claims and securities actions.
Other Commercial Litigation. David has prosecuted and defended a variety of complex commercial cases, most recently prevailing in an arbitration proceeding in which our Fortune 100 client succeeded in terminating a key agreement that governed the management of one of its joint ventures. He has defended a number of complex fraud and breach of contract actions, and litigated direct and derivative claims in shareholder disputes involving closely held corporations. David has extensive experience litigating appeals in Pennsylvania state and various federal appellate courts.
In General. David graduated from Syracuse University in 1980 and from the Syracuse University College of Law in 1982, both summa cum laude. Before joining the firm he served in the U.S. Army Judge Advocate General's Corps, where he gained extensive trial experience as a prosecuting attorney. David served for more than 10 years as the firm's pro bono partner and continues to serve as a member of its Pro Bono Committee.
Publications
2/7/2002, Insurance Alert - Pennsylvania's Highest Court Issues an Important Decision on Bad Faith Claims
David Abernethy
Speaking Engagements
5/11/2011, Pennsylvania Bar Institute
"The Preparation and Trial of the Products Liability Case"
Kenneth Murphy, David Abernethy, Melissa Graff, Pittsburgh, Philadelphia, PA
11/9/2010, Pennsylvania Bar Institute
"Fundamentals of Products Liability Law"
David Abernethy, Kenneth Murphy, Melissa Graff, Philadelphia, Pittsburgh, PA
6/4/2010, Philadelphia Bar Institute
"Directors' and Officers' Liability Insurance"
David Abernethy, Mechanicsburg, PA
5/20/2010, Philadelphia Bar Institute
"Directors' and Officers' Liability Insurance"
David Abernethy, Philadelphia, PA
4/24/2008, 12th Annual Insurance Institute
"D&O Coverage and the Subprime Crisis"
David Abernethy, Philadelphia, PA
4/27/2005, Exposure and Insurance Solutions for Directors and Officers Liability
David Abernethy, Philadelphia, PA
4/22/2005, Exposure and Insurance Solutions for Directors and Officers Liability
David Abernethy