REPRESENTATIVE EXPERIENCE
David A. Fusco
REPRESENTATIVE ENGAGEMENTS
Serves as lead counsel for an international polymer manufacturer defending state court personal injury claims related to alleged environmental ethylene oxide emissions.
Successfully defended polyether polyol manufacturer in federal medical monitoring class action related to environmental emissions of ethylene oxide by excluding plaintiff’s lead expert and obtaining dismissal on Article III Standing grounds at summary judgment.
Confidential consulting regarding state subpoena related to PFAS purchases.
Confidential consulting regarding PFAS-related issues.
Engaged to defend medical monitoring class action related to environmental emissions of ethylene oxide. Claim dismissed shortly after filing as a result of Illinois Supreme Court decision.
Represents manufacturer of ethylene oxide sampling equipment in connection with regulatory and related issues.
Serves as lead counsel for a mining equipment manufacturer defending product liability claims related to alleged hazardous coal and silica dust exposures.
Serves as national coordinating counsel for engineered stone manufacturer defending product liability claims related to alleged silica exposure.
Serves as national trial team leader coordinating expert and trial defense strategies for equipment manufacturer with thousands of asbestos claims pending throughout the United States.
Serves as national coordinating counsel for industrial premises owners facing asbestos claims pending in multiple jurisdictions.
Represents global chemical company in the defense of class action claims related to alleged exposures from various toxic substances.
Represents international manufacturer of peat moss products in the defense of product liability claims.
Represents gasoline distributor in benzene product liability litigation.
Represented manufacturer of hydroforming equipment in claims related to alleged deceptive sales practices and defective design.
Represented national financial institution in claims related to alleged violations of the West Virginia Consumer Credit and Protection Act.
Pro Bono: Represented indigent client in civil claim involving self-defense related to a physical altercation resulting in significant bodily injury.
Counseled regional financial institution regarding investigation of former outside counsel’s conduct.
REPRESENTATIVE TRIAL EXPERIENCE
Served as trial counsel for equipment manufacturer with alleged asbestos liabilities in Philadelphia County, Pennsylvania, case dismissed by plaintiff following favorable jury verdict.
Served as trial counsel for equipment manufacturer with alleged asbestos liabilities in Philadelphia County, Pennsylvania, case dismissed at trial following successful argument of motion to exclude evidence of liability for third-party products.
Obtained defense verdict for equipment manufacturer with alleged asbestos liabilities following three-week trial in Chatham County, Georgia.
Successfully argued motion to exclude evidence of liability for third-party products from being used against equipment manufacturer with alleged asbestos liabilities in Philadelphia County, Pennsylvania, trial that resulted in defense verdict.
Served as trial counsel for equipment manufacturer with alleged asbestos liabilities in Erie County, New York, case resulting in favorable jury verdict.
Served as trial counsel for equipment manufacturer with alleged asbestos liabilities in Erie County, New York, case dismissed during plaintiff's case in chief.
Successfully argued Daubert motion to exclude causation testimony from plaintiff's medical expert in asbestos case pending in the United States District Court for the Northern District of Illinois. Krik v. Owens-Illinois, Inc., No. 10-cv-07435, 2015 WL 5050143 (N.D. Ill. Aug. 25, 2015), aff'd, 870 F.3d 669 (7th Cir. 2017).
Successfully cross examined plaintiff's medical causation expert during Daubert hearing in asbestos case pending in the United States District Court for the District of South Carolina, which resulted in exclusion of expert's testimony and dismissal at summary judgment. Haskins v. 3M Company, No. 2:15-cv-2123-DCN, 2017 WL 3118017, at *6 n.8 (D.S.C. July 21, 2017).
