REPRESENTATIVE EXPERIENCE
David A. Fusco
REPRESENTATIVE ENGAGEMENTS
Serves as lead defense and trial counsel for polymer manufacturer defending state court personal
injury claims related to alleged environmental ethylene oxide emissions.
Successfully defended polymer 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.
Serves as lead defense and trial counsel for paint and coatings manufacturer defending numerous
personal injury claims filed in Cook County, Illinois, related to alleged environmental
emissions of ethylene oxide.
Serves as lead defense and trial counsel for heavy-equipment manufacturer defending product
liability claims related to underground mining equipment and alleged coal and silica dust
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.
Served as lead counsel defending putative class action related to potential warranty liabilities
associated with allegedly defective CPAP (continuous positive airway pressure) medical devices.
Represents prosthetic device manufacturer in alleged claims related to fatal house fire.
Confidential consulting regarding state subpoena related to PFAS purchases.
Confidential consulting regarding PFAS-related issues for international manufacturer.
Engaged to defend medical monitoring class action related to environmental emissions of ethylene
oxide, which was subsequently dismissed.
Represents manufacturer of ethylene oxide sampling equipment in connection with regulatory and
related issues.
Represents client defending product liability claims related to alleged silica exposure from
work with engineered stone products.
Represented global chemical manufacturer in the defense of medical monitoring and property
damage class action claim related to alleged exposures from various toxic substances.
Represents gasoline distributor in benzene product liability litigation.
Represents international manufacturer of peat moss products in defense of product liability
claims.
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.
Counseled regional financial institution regarding investigation of former outside counsel’s
conduct.
Pro Bono: Represented indigent client in civil claim involving self-defense related to a
physical altercation resulting in significant bodily injury.
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).
