David Brittingham is a Partner in the Product Liability and Toxic Tort Practice Groups. David's practice includes general litigation and dispute resolution, with an emphasis on product liability, mass torts, toxic torts and commercial matters. He primarily represents businesses and manufacturing concerns regarding claims of a complex or severe nature. David's experience with complex litigation in both state and federal courts includes the management, discovery, resolution and/or trial of class actions, multi-district litigation, multi-party suits and claims of mass torts. He has managed complex litigation as lead counsel or assisting counsel in matters related to class Truth in Lending claims, class claims against the manufactured housing industry, fen-phen multi-district litigation and multi-suit claims involving food flavorings. His jury trial experience includes the representation of an international manufacturer of chemicals, flavors and fragrances in multiple trials to verdict. David has also successfully represented his clients in other jury trials, trials to the bench, arbitrations, mediations and in the U.S. Court of Appeals for the Sixth Circuit.
Memberships & Affiliations
· Cincinnati Bar Association
· Ohio State Bar Association
· Kentucky Bar Association
· Missouri Bar Association
· Defense Research Institute (DRI)
· Kennedy Heights Art Center-Vice President and Board Member
Distinctions
· Listed in The Best Lawyers in America®
· Named Ohio Super Lawyers Rising Star by Law & Politics 2005
Experience
Popcorn / Flavoring Litigation
International Flavors & Fragrances, Inc.
National counsel representation, defense and management of multi-plaintiff product liability claims alleging occupational exposures to toxic chemicals. National representation and coordination of hundreds of claims pending in eight states, including eight jury trials.
Regional Product Liability Counsel
International Seller of Bicycles and Recreational Equipment
Regional product liability counsel defending claims related to bicycles, basketball goals and other recreational equipment.
MDL 1023: In re: Diet Drugs
National Pharmaceutical Distributor of Phentermine
Defended multi-district product liability and personal injury litigation related to the diet drug commonly known as fen-phen. Successfully achieved complete dismissal of claims as lead counsel defending claims in the Commonwealth of Kentucky.
Class Action Defense - Manufactured Housing
National Seller of Manufactured Housing
Defended and successfully obtained dismissal of class action allegations of product liability, fraud and RICO violations related to the risk of fire and injury alleged in manufactured housing.
Class Action Defense - Truth in Lending Act
Regional Franchisee for a National Seller of Used Automobiles
Defended and successfully achieved summary judgment and settlement of class action allegations of fraud, consumer protection violations and federal Truth in Lending Act violations.
Publications
May 7, 2010, Coal Ash Regulations: EPA Speaks--Sort of...
April 13, 2010, Before and After Kingston: A Coal Ash Litigation Update
July 28, 2009, EPA Lists 44 "High Hazard Potential" Coal Ash Impoundments
April 16, 2009, Coal Combustion Ash Disposal: TVA Breach Leads to Push for New Regulations, Lawsuits
June 16, 2008, What is Bisphenol-A and Why Should Companies be Aware of It?
January 1, 2006, Manufacturer Beware: OSHA Compliance Won't Always Protect Your Client
July 15, 1992, "Business Guides v Chromatic Communications: Where Does the Client Stand Under Federal Rule of Civil Procedure 11?" 19 N. Ky. L. Rev. 573
Presentations
December 1, 2000, "A River Runs Through It: Jurisdictional Differences in Greater Cincinnati Law," Cincinnati Bar Association Report
April 1, 1997, "Techniques for Mitigating Damages in a Catastrophic Case," Ohio Association of Civil Trial Attorneys (0ACTA) Quarterly Review