David R. Scheidemantle

Co-Managing Partner

David Scheidemantle focuses his practice on complex business litigation, insurance coverage counseling and litigation on behalf of policyholders, products liability litigation, toxic tort defense, negotiation of commercial contracts, and general counseling.  Before joining the Firm, Mr. Scheidemantle was an equity partner for 10 years at Proskauer Rose LLP.  Earlier, he practiced at Cahill Gordon & Reindel in New York and Shearman & Sterling in Los Angeles.

Mr. Scheidemantle has litigated extensively in a variety of judicial, arbitral, and governmental forums and jurisdictions throughout the United States and abroad.  His accomplishments include:

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 highly favorable 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, which resulted in payment to studio in
  excess of $1 million;

• Successfully defended Fortune 500 company in series of complex limited partnership
  disputes involving divestiture of hospital;

• Represented weight loss company in AAA International Arbitration proceedings and in
  multiple injunction actions by franchisees throughout United States and Canada
  alleging breaches of alleged rights to exclusive territories;

• 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; and

• Achieved multi-million dollar settlement in favor of claimants in accountant malpractice
  action involving highly complex tax issues, without necessity of commencing litigation.

INSURANCE COVERAGE

• 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 claims
  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 $60+ million in coverage for policyholder 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, 9^th 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; and

• 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;

• Argued and won affirmance in U.S. Court of Appeals, 2^th 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 multiple 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 dism;issal 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, won dismissal of alleged manufacturer of shock absorbers; and

• 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. 

Phone: +1.626.638.1752 (US)
           +44.20.3328.9010 (UK)
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35 East Union Street, Suite C
Pasadena, California 91103

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BAR ADMISSIONS

• Insurance Coverage

• Products Liability, Toxic Tort, and
  Class Action Defense

EDUCATION

• Fordham University, J.D., cum laude, 1985

• Juilliard School, Bachelor of Music, 1982 

RECOGNITIONS

• Southern California Super Lawyers,
  2005-2009 (top 5% of Southern
  California lawyers)

• Fellow of the Litigation Counsel of America,
  2008 (elite society of trial lawyers limited
  to 0.5% of American lawyers)

PRO BONO ACTIVITIES

• Won release under the Battered Women's
  Syndrome Act of a woman incarcerated for
  20 years for murdering her abusive boyfriend

• Chair, Los Angeles Children's Chorus
  (www.lachildrenschorus.org)

• Founding Board Member, former President
  and Chair of the Friends of the Levitt
  Pavilion - Pasadena

• Served on Century City Chamber of
  Commerce