David Scheidemantle focuses his practice on complex business litigation, insurance coverage counseling and litigation on behalf of policyholders, products liability litigation, toxic tort defense, business contract negotiation, and general counseling. Prior to founding his current firm, he was Co-Managing Partner of Connon Wood Scheidemantle LLP; an equity partner for 10 years at Proskauer Rose LLP; and an attorney with Cahill Gordon & Reindel and Shearman & Sterling.
In 2014, David received a Martindale-Hubbell Peer Review Rating of AV Preeminent, founded the Scripps-Scheidemantle Law Internship for Rising First Years at Scripps College for Women, and is the recipient of the Rebecca Thompson Founder’s Award from Los Angeles Children’s Chorus, of which he was Board Chair from 2009-2012. His additional accomplishments include the following:
COMPLEX LITIGATION AND ARBITRATION
Won multi-million dollar settlement on behalf of parent of failed savings and loan association in action against multiple federal regulators. Due to its size, settlement required approval of President of the United States and Secretary of the Treasury.
Prosecuted and successfully settled $100 million contract claim on behalf of Spanish pharmaceutical company against California supplier of blood plasma in International Chamber of Commerce arbitration in London, governed by California and Dutch law, in which principal arbitrator sat on Britain’s House of Lords.
Won permanent injunction against a trademark infringer and successfully moved to have infringer held in contempt of court for violating injunction. Henry Schein, Inc. v. Certified Business Supply, Inc., U.S. District Court, Central District of California, Case No. SACV03-1662 DOC.
Obtained settlement in defense of antitrust and RICO action against major television studio, precipitated by summary judgment motion scheduled for hearing on day settlement was reached, resulting in payment to studio in excess of $1 million. Successfully defended Fortune 500 company in complex limited partnership disputes involving divestiture of hospital.
Represented weight loss company in AAA International Arbitration proceedings and in multiple injunction actions.
As West Coast litigation counsel to Australia’s largest bank, litigated and advised bank concerning securities and lender liability actions and other banking-related matters.
Achieved multi-million dollar settlement in favor of claimants in accountant malpractice action involving highly complex tax issues, without necessity of commencing litigation.
Prosecuted insurance coverage actions in federal district courts in Pennsylvania, Texas, and Massachusetts, involving series of multimillion dollar products liability claims, resulting in highly favorable settlement under which insurer funded past and future claims.
Ran complex insurance coverage litigation in one of largest bankruptcies in history of State of California in which debtor sought and obtained millions of dollars in environmental cost recovery from multiple insurers and prior property owners.
Secured $75+ million in coverage-in-place agreement following litigation against four insurance carriers.
Won recovery from multiple insurers of $2.85 million in coverage fees and defense costs incurred by client in successfully defending massive products liability action.
Argued and won reversal in U.S. Court of Appeals, 9th Cir., in favor of policyholder in which 9th Cir., adopted the after-acquired property doctrine notwithstanding California appellate authority rejecting that doctrine. KF Dairies, Inc. v. Fireman’s Fund Insurance Co., 224 F.3d 922 (9th Cir. 2000).
Won insurance coverage from multiple off-shore insurance carriers for performing group under a tour-cancellation policy in which aggregate recovery exceeded anticipated profits from tour.
Represented public utility seeking insurance coverage in series of wrongful death and fear of cancer actions involving more than 1000 plaintiffs.
PRODUCTS LIABILITY, TOXIC TORT, AND CLASS ACTION DEFENSE
Argued and won affirmance in U.S. Court of Appeals, 9th Cir., of summary judgment in favor of U.S. subsidiary of $90 billion petro-chemical company in putative nationwide class action involving alleged defects in component parts used in $4 billion worth of finished goods over a 20-year period. Wasco Products v. Southwall Technologies, et al., 435 F.3d 989 (9th Cir.), cert. denied, 127 S.Ct. 83 (2006).
Won dismissal of virtually all claimed damages in alleged $30 million products action based on plaintiff’s spoliation of evidence, then defeated plaintiff’s petition for interlocutory appeal. Shortly thereafter, plaintiff agreed to dismiss action in exchange solely for waiver of costs.
Won early dismissal on the pleadings of $3.5 million fraud and breach of warranty claim alleging sale of defective construction products. Argued and won affirmance in U.S. Court of Appeals, 2nd Cir., of dismissal of a products liability action alleging $4 million in damages. Four Seasons Solar Prods. Corp. v. Black & Decker Corp., et al., 2004 U.S. App. LEXIS 10688 (2d Cir. Jun. 1, 2004).
Obtained dismissal of multiple products liability actions throughout the United States involving same alleged defect across product line, while avoiding any payments to the claimants.
Won dismissal of 10+ benzene work-place exposure actions in numerous states, while avoiding any payments to the claimants.
Avoided litigation and negotiated minimal settlement on behalf of alleged manufacturer of polybutylene water pipes in multi-million dollar claim asserted by utility company.
Argued and won dismissal on pleadings of environmental nuisance and fear of disease action against industrial company by 60 residents of trailer park.
Successfully defended major rental car company in two putative nationwide consumer class actions alleging unfair business practices.
In products liability action arising from nationally reported vehicular crash involving 16 fatalities in a single vehicle, won dismissal of alleged manufacturer of vehicle’s shock absorbents.
Participated in coordinating national defense and trial strategy for Fortune 100 company in approximately 150 products liability asbestos-in-buildings cases involving tens of thousands of buildings located throughout United States, including virtually every public utility building, public school, public office building, bridge, and tunnel in City of New York.
PUBLIC SERVICE AND PRO BONO ACTIVITIES
Service for six years on the Board of Directors of Los Angeles Children’s Chorus, three of which as Chair of the Board.
Founding Board Member, and President and Chair, Friends of the Levitt Pavilion Pasadena. Board Member, Century City Chamber of Commerce.
Member, West Coast Council of Chairman Zubin Mehta’s American Friends of the Israel Philharmonic.
Won release under Battered Women’s Syndrome Act of woman incarcerated for 20 years.
Provides pro bono legal services to non-profit organizations and individuals unable to afford to hire a lawyer.
Violin soloist, Los Angeles Children’s Chorus (Dorothy Chandler Pavilion, Los Angeles; Hong Kong; Shanghai, Beijing, China).
Concertmaster, Juilliard Symphony, 1980-82 (Lincoln Center, New York).
Concertmaster, National Orchestra of New York, 1980-82 (Carnegie Hall, New York).
Concertmaster, Juilliard Philharmonia, 1979-80 (Lincoln Center, New York). Violinist, 1978-82 (Basically Bach Music Festival, New York; Original Broadway Sweeney Todd Production (1980), Uris Theatre, New York; Cathedral of St. John the Divine, New York; Lincoln Center, New York).
Orchestra member, Hudson Valley Philharmonic Orchestra, 1977-78 (only student member of adult professional union orchestra).