David Kouba's practice focuses on defending companies in class actions, mass tort cases and other complex commercial litigation. Mr. Kouba has extensive experience litigating class actions at both the trial and appellate levels and has written and spoken on class certification issues. Mr. Kouba also has represented defendants in multidistrict products liability actions and toxic tort cases as well as in workplace safety, real estate, and other matters. He also has worked on a wide range of pro bono matters including employment discrimination, voting rights, and affordable housing. In addition, Mr. Kouba serves as co-chair of the Firm’s Well-Being Committee.

Experience

  • Manufacturer of consumer products in multidistrict litigation consolidating class actions, personal injury claims, and government actions based on economic and personal injuries and other theories.
  • Pharmaceutical company defendant in federal and state court litigation brought by government entities and individual and class action plaintiffs based on fraudulent marketing and other theories.
  • Plaintiffs in federal class action seeking to recover unpaid wages and raising additional employment-related claims.
  • Manufacturer in multidistrict litigation that included nationwide and state-wide consumer fraud class actions based on allegedly defective product.
  • Plaintiffs in federal class action alleging First and Fourth Amendment violations intentional wrongdoing and constitutional violations.
  • Defendant in nationwide RICO class action seeking hundreds of billions of dollars in damages for mail and wire fraud claims.

Perspectives

The Right Approach to Personal Jurisdiction In Class Actions
Appellate Law360, Class Action Law360, Consumer Protection Law360
Beyond Predominance: Alternative Arguments Against Class Certification
Leveraging the Latest Court Decisions to Challenge Class Membership and Defeat Certification
Strafford
Ascertainability Requirement for Class Certification
Leveraging the Latest Court Decisions to Challenge Class Membership and Defeat Certification
Strafford
Avoiding Class Actions Through Arbitration Clauses and Refund Programs
Arnold & Porter Webinar
Comcast in 2014: Plaintiffs in Most Class Actions Must Show Damages Using Common Proof at Certification Stage (pdf)

Bloomberg BNA's Class Action Litigation Report

Recognition

The Legal 500 US
Product Liability, Mass Tort and Class Actions: Consumer Products (including tobacco) (2017)

Credentials

Education
  • MA, Clinical Mental Health Counseling, Wake Forest University, 2018
  • JD, University of North Carolina School of Law, 2002, with high honors, Order of the Coif
  • BA, University of North Carolina at Chapel Hill, 1998
Admissions
  • District of Columbia
  • North Carolina
Overview

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