David Kerschner focuses on product liability and complex commercial litigation. While David’s litigation experience spans various industries, his work focuses on representing life sciences and consumer products companies in all phases of litigation, including discovery, working with experts, settlement strategy, and trials. In addition to actively litigating cases, David assists clients by performing pre-litigation risk assessments and counseling clients on litigation avoidance, mitigation, and preparation. David has extensive experience representing clients as national counsel in mass tort litigation involving both prescription medications and consumer products. He has also served as trial counsel on behalf of a Plaintiff in a commercial matter and has worked on teams that have tried cases to defense jury verdicts in multiple jurisdictions in both state and federal court.
In his pro bono practice, David represented a prisoner on death row in Alabama in post-conviction hearings, including challenging Alabama’s use of nitrogen hypoxia as a new method of execution. David is actively working with various legal services organizations to challenge the use of novel execution methods around the country. He has also represented an inmate on a parole appeal with the Innocence Project and works with individuals in New York facing potential eviction from their homes.
David earned his J.D. from New York University School of Law, where he was Senior Staff Editor for the Environmental Law Journal. He received his B.A., cum laude, from Colgate University.
Experience
- Bayer in the defense of their oral anticoagulant prescription medication, Xarelto® in product liability litigation, including an MDL.
- Bayer in nationwide consumer products litigation involving Roundup® (national defense counsel team and trial teams).
- Eisai as national counsel in a nationwide litigation involving prescription obesity medication, including coordination of both expert and science and company defense.
- Endo Pharmaceuticals and Auxilium Pharmaceuticals in product liability litigation, including an MDL, involving testosterone replacement therapy products (national defense counsel team).
- Lutron Electronics, on various product liability claims against the company's consumer products.
- Pfizer as lead counsel in a state court proceeding involving a hormone therapy product.
- Viatris, as national counsel in litigation involving allegations of cerebellar atrophy related to the antiepileptic Dilantin®.
- Multiple global pharmaceutical companies in pharmaceutical product liability cases involving allegations of Stevens-Johnson Syndrome.
Perspectives
Recognition
"Ones to Watch"—Commercial Litigation (2021–2023)
"Ones to Watch"—Product Liability Litigation: Defendants (2021–2023)
Credentials
Education
- J.D., New York University School of Law, 2012
- B.A., Political Science, Colgate University, 2009, cum laude
Admissions
- New York
- U.S. District Court, Southern District of New York