David Gersch is an experienced trial and appellate lawyer who has litigated a wide variety of cases for business clients. He has tried cases for the American Red Cross, Nucor, Visa, Wyeth, and Xerox. Mr. Gersch has argued appeals in the United States Courts of Appeals for the District of Columbia, 4th, 8th, and 11th Circuits and in the Supreme Courts of Pennsylvania, Virginia, and South Carolina. He teaches trial advocacy at Georgetown University Law Center.

Mr. Gersch devotes much of his current practice to pro bono matters. He has successfully brought cases challenging voter identification, failure to timely treat defendants not competent to stand trial, and failure to fund public defenders. Mr. Gersch has defended indigent criminal defendants and started Arnold & Porter's Trial Skills Program in which firm lawyers represent defendants in the Superior Court of the District of Columbia.

Experience

  • MM Steel L.P. v. Reliance et al. Lead trial counsel for defendant Nucor in several month antitrust jury trial. Plaintiffs' verdict was reversed on appeal and judgment entered for Nucor.
  • Applewhite et al., v. Commonwealth of Pennsylvania et al. Co-lead trial counsel for persons denied voter identification cards. Successfully obtained preliminary injunction enjoining law requiring voter identification. Successfully argued the case in Pennsylvania Supreme Court.
  • Clepper v. Wyeth. Lead trial counsel in diet drug trial. Won defense verdict.
  • Doe v. American Ass'n. of Blood Banks. Lead trial and appellate counsel for the American Red Cross in blood transfusion AIDS conspiracy case. Won jury verdict and successfully defended the verdict on appeal.
  • Allied Pilots Ass'n v. PBGC. Lead counsel for Icahn Associates Corp., Successfully defended challenge to termination of TWA's pension plan on summary judgment and on appeal.
  • Amos et al. v. GEICO Corporation et al.. Lead counsel for GEICO. Defeated certification of a class alleging discrimination in underwriting.
  • Bloodworth v. Government Employees Insurance Company. Lead counsel for GEICO in trial and appeals court. Won mandamus reversing certification of 24 state class alleging failure to compensate insureds for auto body damage.
  • Lansdowne Development Co. LLC v. Xerox Realty Corp. Lead trial and appellate counsel. Successfully tried breach of contract and defamation claims arising from a complex real estate sale. Won affirmance on appeal.

Recognition

Chambers USA
Litigation: General Commercial (2005-2014)
United States Lawyer Rankings
The Nation's Top Lawyers – Antitrust (2009-2015)
Washington Business Journal
Top Washington Lawyers – Corporate Litigation (2009)
More

Credentials

Education
  • JD, New York University School of Law, 1982
  • AB, Oberlin College, 1978
Admissions
  • District of Columbia
Overview

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