David Weiner is a litigator whose practice focuses on complex commercial litigation in federal and state courts where he has worked on a variety of matters involving constitutional, administrative, products liability, and contract law. He has significant experience with class and mass actions at the trial and appellate levels.

Before entering private practice, Mr. Weiner served as an attorney-advisor in the Office of Legal Counsel in the Department of Justice (DOJ) where he advised the Attorney General on constitutional and administrative law matters. Additionally, he was a Bristow Fellow in the Office of the Solicitor General at DOJ.

Upon graduating from Stanford Law School, Mr. Weiner served as a law clerk for the Honorable David Tatel of the US Court of Appeals for the District of Columbia Circuit and to the Honorable David Levi of the US District Court for the Eastern District of California. While in law school, he served as President of the Stanford Law Review and won the Stanford Kirkwood Moot Court competition.

Experience

  • Carnival Corporation and Princess Cruise Lines in ongoing defense of dozens of lawsuits, including several putative class actions, arising from COVID-19 pandemic.
  • Multiple clients on impact of and possible challenges to pandemic-related statutes, including the Public Readiness and Preparedness Act, and regulations.
  • Individuals and immigrant rights groups in successful challenge under Administration Procedure Act from trial court up to US Supreme Court to proposed addition of citizenship question to 2020 decennial census, including arguing successfully in opposition to US Department of Justice's mandamus petition to Second Circuit.
  • General Electric in securing dismissal by district courts of class action and multiple mass actions alleging injuries arising from exposure to radiation emitted from Fukushima Nuclear Power Plant in Japan, including briefing and arguing appeals in the US Court of Appeals for the First and Ninth Circuits.
  • International pharmaceutical company on product liability issues related to COVID-19 vaccine, including statutory and regulatory issues related to PREP Act and Countermeasures Injury Compensation Program.
  • BP in multiple appeals related the Deepwater Horizon Settlement Agreement, including briefing and arguing multiple appeals in the US Court of Appeals for the Fifth Circuit.
  • GE Healthcare in defense of proposed class action alleging violations of Anti-Terrorism Act.
  • Manufacturer of microchips in successful defense of putative RICO class action alleging defects in airbag control device caused loss in value of vehicles.
  • European airframe manufacturer in successful defense based on forum non conveniens of wrongful death claims arising out of Brazilian aviation accident, including brief and arguing appeal in US Court of Appeals for the Eleventh Circuit.
  • European airframe manufacturer in numerous wrongful death and personal injury actions that were dismissed for lack of personal jurisdiction or based on application of foreign law, including briefing and arguing multiple successful dispositive motions and appeals.
  • Manufacturer of herbicide in multiple federal and state court product liability lawsuits as member of legal briefing team.
  • European energy company in filing temporary restraining order barring competitor from obtaining confidential information from client's former employee. Defendant agreed to settle action in response to TRO.
  • Oil and gas producer in multiple lawsuits relating to area of mutual interest and other issues in US Court of Appeals for the Fifth Circuit and Texas Supreme Court.
  • Energy company in successfully overturning default judgment for claims brought under Alien Tort Statute.
  • Various trade associations on federal preemption issues, including challenge to county law banning various chemicals from children's toys and products.

Perspectives

Lit Alerts July 2022
A Publication of the Litigation Practice Group
Lit Alerts—June 2022
A Publication of the Litigation Practice Group
Lit Alerts—May 2022
A Publication of the Litigation Practice Group
Lit Alerts—April 2022
A Publication of the Litigation Practice Group
Lit Alerts—March 2022
A Publication of the Litigation Practice Group
More

Recognition

Chambers USA
Transportation: Aviation—Litigation (2021-2022)
The Legal 500 US
Transport: Aviation and Air Travel—Litigation and Regulation (2021)
Transport: Aviation and Air Travel—Litigation (2018–2019)
Commercial Litigation (2015)
International Arbitration (2015)
The Legal 500 Latin America
International Arbitration (2015)

Credentials

Education
  • JD, Stanford Law School, 2001
  • Fulbright Scholar, University of Auckland, 1999
  • BA, Johns Hopkins University, 1997, Phi Beta Kappa
Admissions
  • California
  • District of Columbia
  • US Court of Appeals for the First Circuit
  • US Court of Appeals for the Second Circuit
  • US Court of Appeals for the Seventh Circuit
  • US Court of Appeals for the Ninth Circuit
  • US Court of Appeals for the Eleventh Circuit
  • US District Court, District of Columbia
  • US District Court, Central District of California
  • US District Court, Eastern District of California
  • US District Court, Northern District of California
  • US District Court, Southern District of California
Clerkships
  • United States Court of Appeals, District of Columbia Circuit, The Honorable David Tatel
  • US District Court, Eastern District of California, The Honorable David Levi
Overview

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