David Kouba's practice focuses on class action litigation and other complex commercial matters. Mr. Kouba has defended numerous consumer fraud class actions in both state and federal courts at both the trial and appellate court levels. He also has defended clients in products liability actions as well as in workplace safety, real estate, toxic tort, and other cases. In addition, he has represented a variety of pro bono clients, including in cases involving employment discrimination, voting rights, and the protection of affordable housing.

Mr. Kouba graduated with high honors and Order of the Coif from the University of North Carolina School of Law, where he was a senior staff member of the North Carolina Law Review and was recognized for his public interest and community service work.

Experience

  • Manufacturer of consumer products in numerous putative class actions alleging consumer fraud and other state law claims.
  • Defendant in nationwide RICO class action in which plaintiffs sought to recover hundreds of billions of dollars in damages and in which class certification was rejected.
  • Class of former and current employees seeking to recover unpaid wages and for other employment-related claims.
  • Defendant in multi-district litigation in which more than twenty class actions bringing consumer fraud and other claims were consolidated.
  • Company defending thousands of individual wrongful death and personal injury claims in products liability actions in state and federal court.

Perspectives

Avoiding Class Actions Through Arbitration Clauses and Refund Programs
Arnold & Porter LLP
Comcast in Review: Courts in 2015 Continue to Require Evidence of Class-Wide Damages Before Granting Class Certification (pdf)
Bloomberg BNA's Class Action Litigation Report
From the Computer to the Courtroom: Daily Fantasy Sports Websites To Take On New York Attorney General in High Stakes Legal Battle
Seller Beware: Consumer Protection Insights for Industry
Invitation To Clarify How Plaintiffs Prove Class Membership (pdf)
Published by Appellate Law 360, Class Action Law360, Consumer Protection Law360, Life Sciences Law360, and Product Liability Law360
Consumer Class Actions Can't Stand On Moral Injury Alone (pdf)

Class Action Law360. Also ran in Consumer Protection Law360, Food & Beverage Law360, and Product Liability Law360,

More

Recognition

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

Credentials

Education
  • 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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