David L. Black

David Black, a partner in the firm's Litigation practice based in Denver, brings both in-house and outside counsel experience to his trial practice.  He has worked from the in-house offices of his corporate clients on two separate occasions, spanning nearly four of his over thirty-five years of experience in products liability litigation.  As a result of that experience, he has developed as his key focus the need to tailor the work that he leads to client goals. In his outside counsel capacity, he has a record of favorable results in high stakes litigation.

David has special knowledge in developing and presenting scientific evidence in complex products liability, intellectual property and commercial litigation cases, particularly in the engineering area.

That proficiency has recently been recognized when he was chosen by the National Academies of Science and the Federal Judicial Center as one of two practicing attorneys to author portions of the Third Edition of the Reference Manual on Scientific Evidence, the premier resource developed to guide  judges as they encounter scientific evidence at trials and decide whether to include or exclude it under Daubert and its progeny.  David is a co-author of the Reference Guide on Engineering.  The Third Edition, released on September 28, 2011, was developed as the first scientific-legal collaboration between the Federal Judicial Center and the National Academies of Science.  It was rigorously peer-reviewed in accordance with the procedures of the National Resource Council.

David has represented a wide variety of companies, governments and individuals in state and federal courts throughout the United States, including several matters which have involved the development of evidence outside the United States.  For example, David currently leads a team of lawyers inside the Attorney General's office of the state of Louisiana and outside counsel in litigation against German and Chinese manufacturers responsible for the sale of defective Chinese drywall in the United States. The State's claims include claims for direct damage as well as claims brought by the State as parens patriae to protect the well being of its citizens.  These efforts have included depositions in Germany, London and Hong Kong, as well as involvement in the Multi District Litigation proceedings which include hundreds of parties and counsel.

David has successfully tried several cases against the world's largest rubber company, involving rubber hose for in floor heating systems.  The verdicts in those cases coupled with successful class action certifications resulted in a bi-national settlement which is believed to be the largest class action property damage settlement in the United States in 2004.

From 1996 to 1998, David led the defense of numerous individual and class actions brought against one of the world's largest plastics companies by its customers by manufacturers and insurance companies and involved plastic vent pipe for certain furnaces and boilers.  A result of his efforts was an industry supported settlement of the entire litigation, the first, and perhaps only, such settlement brokered by a federal agency, the United States Consumer Products Safety Commission, and a similar resolution in Canada.  Another result was the decertification of class actions that had already been certified in state courts.  In addition, the client also obtained a successful resolution of its dispute with its insurers.

David also led a similar effort on behalf of one of the world's largest chemical companies, involving devices which incorporated radioactive material designed to remove static electricity from industrial processes.  The radioactive material was allegedly escaping from the devices and as a result, the United States Nuclear Regulatory Commission withdrew the company's license to make the devices and demanded a full explanation.  Litigation was averted, the disputes with the NRC and the company's customers were settled and the company's insurers provided full compensation as a result of the team's efforts.

David has led successful efforts involving plumbing and heating products for more than twenty years, involving such products as plastic (polybutylene) plumbing, rubber heating hose, yellow brass fittings and plastic venting. His clients have included FORTUNE 100 companies, as well as homeowners and plumbers.

David has been recognized by his clients and by professional organizations for his client service and work ethic.  David has published articles and spoken on topics of importance to products liability and mass torts practitioners, particularly with respect to the development and use of scientific evidence.

Professional Recognition

• "AV Peer Review Rated" by Martindale-Hubbell
  (AV®, BV® and CV® are registered certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies.)

Professional Leadership

• Denver Bar Association, Member
• Colorado Bar Association, Member
• Wisconsin Bar Association, Member
• Minnesota Bar Association, Member