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A New "Must-Do" for Children's Products Manufacturers and Importers: Developing a CPSC-Compliant Product Testing and Certification Program 2012

Speaker(s): David P. Callet
Recorded on: Sep. 27, 2012
PLI Program #: 44305

David P. Callet is a trial attorney focusing on large products liability, toxic tort, medical device, patent and other scientific cases. He counsels clients in all aspects of products liability avoidance, product labeling and other product safety warnings and consumer product safety compliance, including CPSC administrative procedures and recalls. He regularly speaks, writes and counsels clients on the Consumer Product Safety Improvement Act (CPSIA). He has also litigated precedent-setting labor cases, particularly involving the Railway Labor Act. He has repeatedly, and in a variety of industries, enabled his clients to prevail by developing compelling subject matter experience.

David has tried or resolved scores of complex civil cases in federal and state courts and in proceedings before administrative agencies, and has successfully argued several appeals in U.S. circuit courts. His trial experience in medical and other scientific fields is a critical factor in his success. His technical knowledge, combined with his mastery of the litigation process, has made him an authority on Daubert challenges to expert testimony.

He is a member of the firm's National e-Discovery & e-Retention Practice Group. David counsels clients, writes and is a frequent speaker on data security matters, e-discovery and document retention.
Areas of Concentration
- Consumer Product Safety Commission ("CPSC") Compliance
- Products Liability and Toxic Tort Counseling and Litigation
- Nano technology
- Data Security, Electronic Discovery, Document Retention
- IP Litigation
- Labor Litigation
- Class Action Litigation 
Significant Representations 
Successfully represented a global chemical and fiber manufacturer in a major, multi year Texas state court toxic tort case filed by 1,000 plaintiffs after a plant explosion. Assisted client to avoid litigation during federal inquiries into tobacco companies and cigarette component manufacturers, and successfully litigated a putative nationwide class action products liability case filed in federal court.

In Scott v. Raudin McCormick L.L.C (D. Kansas), successfully defended employer in a 1500 plus person opt-in FLSA overtime class action by obtaining summary judgments on plaintiffs' claims, having the provisionally certified class decertified and, as a result, having the case dismissed.

Successfully defended a Korean developer of world-class healthcare software in a "bet the company" expedited arbitration. Defeated opponent's claim that the client had signed an exclusive software licensing and sales agreement and that its alleged breach of that agreement had caused opponent to suffer millions of dollars in damages.

Counsel for Medtronic, Inc., in the Marquis heart defibrillator multidistrict products liability litigation. Oversaw multiple aspects of fact and expert testimony development and discovery, and specialized in making complex technical aspects of the defibrillator battery's design and function understandable to judges and juries.  

Served for years as regional coordinating counsel for Westinghouse Electric Company on all New York and New Jersey asbestos personal injury and property damage litigation. Obtained a precedent-setting ruling that voided client liability for millions in punitive damages and that insulated client from punitive damages in subsequent asbestos cases.

Served as lead counsel for a manufacturer of computer chip manufacturing equipment as it sued its primary, Fortune 100 competitor for patent infringement.

Representing a major insurance carrier, estimated the value of thousands of asbestos personal injury claims in large corporate bankruptcy proceeding.

Prevailed on behalf of Continental and Eastern Airlines in litigating seminal labor-management disputes over labor costs in the airline industry. Held leadership roles in cutting-edge Railway Labor Act and bankruptcy law cases addressing the claim that Continental's bankruptcy filing was improper. Obtained unprecedented orders rejecting client's labor union contracts. Successfully litigated massive bankruptcy claims in several airline bankruptcies.

Successfully represented a Class I railroad in federal litigation involving claims under the Railway Labor Act. 
Professional & Community Involvement
- Member, District of Columbia Bar