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David L. Kelleher, Director

dkelleher@jackscamp.com
202.457.1685 (p)
202.457.1678 (f)
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• J.D., Case Western Reserve University School of Law (1984), Order of the Coif; M.P.A., Northeastern University (1980); B.S., Boston State College (1976)

• Practice Area(s): General Litigation & Trial Practice , Professional Responsibility

• Admitted to Practice: District of Columbia, Massachusetts, Virginia, Supreme Court of the United States




   

David is a member of the General Litigation and Trial Practice Group. He has a wide range of commercial litigation experience, and devotes the principal part of his practice to defending product liability claims and to providing advice on risk management issues.

For more than two decades, David has specialized in defending product liability claims and counseling clients on product liability avoidance. He has appeared in federal and state courts throughout the country in cases involving products such as cruise ship lifts, drill presses, industrial conveyors, railway track equipment, shotguns, and a broad range of equipment for the pulp, paper and packaging industries. He has counseled clients on design review procedures, product safety warnings, and the maze of issues arising from the adoption of International ISO Standards, European EN Standards and United States OSHA Standards. He has conducted product safety training seminars in Canada, Finland, Sweden, and the United States.

Davidís experience also includes constitutional litigation. He represented manufacturers and distributors of video games in the seminal First Amendment case that declared video games depicting violent expression constitutionally protected speech. He similarly represented producers and distributors of motion pictures in their successful First Amendment challenge to state law restricting access by minors to motion pictures containing depictions of violence. At the ABA 2001 Annual Meeting, he was a panelist on "Media Violence -- Its Impact and Aftermath: Is Anyone Liable."

David is a native of Boston with an appreciation for historic cities, an inherited loyalty to the Red Sox and a developed passion for the Patriots.

Representative Matters:

Represented an international supplier of technology, systems and equipment for the pulp and paper industries in risk management and product liability matters for more than 15 years, including risk management training programs in the United States and Europe and defense of claims in federal and state courts throughout the United States.

Represented an Austrian-based supplier of railroad track maintenance and construction equipment in defense of a multi-jurisdiction product liability claim. Eggleton v. Plasser & Theurer Export Von Bahnbaumaschinen Gesellschaft, 495 F.3d 582 (8th Cir. 2007).

Represented Latin American investors in a closely held Brazilian corporation in international arbitrations and federal court litigation arising out of a shareholder dispute.

Represented businesses and trade associations in an action to declare unconstitutional, under the First Amendment to the U.S. Constitution, a City of Indianapolis Ordinance that restricted the public display and sale of video games depicting violence. American Amusement Machine Assn. v. Kendrick, 244 F.3d 572 (7th Cir. 2001), cert. denied 534 U.S. 994 (2001).

Defended a Washington, D.C.-based law firm and its client in an action to obtain materials prepared by the law firm under the attorney work product doctrine. Hager v. Bluefield Regional Medical Ctr., 17 F.R.D. 70 (D.D.C. 1997).

Represented multiple non-profit membership associations as amici to the U.S. Supreme Court in support of the retroactive application of the Civil Rights Act of 1991. Rivers v. Roadway Express, 511 U.S. 298 (1994).

Represented businesses and trade associations in an action to declare unconstitutional, under the First Amendment to the U.S. Constitution, a Missouri statute that restricted the public display and sale of videocassettes and videotapes depicting violence. Video Software Dealers Assn. v. Webster, 968 F.2d 684 (8th Cir. 1992).

Represented plaintiff-class of African American employees of the Library of Congress in a Title VII challenge to racially discriminatory promotion practices. Cook v. Billington, 82-0400, U.S. District Court, District of Columbia.

 
 
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