David S.Rutkowski

Of Counsel

Detroit + 1.313.230.7911

David Rutkowski represents clients in litigation and arbitrations throughout the United States, including commercial and contractual disputes and claims relating to unfair trade practices, products liability, toxic torts, RICO, trade secrets misappropriation, and trademark and copyright infringement.

David has represented clients in the automotive, construction, oil and gas, solar, pharmaceutical, medical device, semiconductor manufacturing, software services, and entertainment industries. His recent representations include: ICC arbitration of claims for breach of contract, unfair trade practices, and breach of competition laws in jurisdictions throughout Asia, Europe, and North America relating to a manufacturing joint venture; breach of contract litigation against members of the supply chain of a medical device manufacturer; and defense of a supplier of construction components involving the destruction of a commercial office building. He also has represented members of the solar industry on supply chain and product liability issues.

David was trial counsel for Wyeth Pharmaceuticals in nationwide products liability litigation involving Wyeth's antidepressant drug, Effexor, earning a unanimous defense verdict against wrongful death claims — the first case of its kind against the antidepressant industry to go to trial in more than six years. He also defended IBM in cases brought by more than 200 current and former employees alleging adverse health effects due to workplace chemical exposure and was part of the team that earned unanimous jury verdicts for IBM in these matters. In addition, he defends other semiconductor manufacturers against similar allegations that workplace exposures resulted in birth defects in the children of former employees.

Experience

  • Semiconductor company defends against litigation alleging hazardous chemical exposure at its facilitiesJones Day represented a semiconductor company in cases in which the plaintiffs alleged that they were exposed to hazardous chemicals at their workplace, which caused adverse effects in their children.
  • Brocade Communications and McDATA Corporation successfully defend parallel actions arising out of termination of provider agreementJones Day represented Brocade Communications Systems, Inc., and its wholly-owned subsidiary McDATA Corporation, in parallel actions filed in Santa Clara and San Diego County Superior Court, arising out of Brocade's decision to terminate Anacomp on 90 days notice as a provider of break-fix services.
  • Wyeth obtains defense verdict in product liability litigation involving antidepressant EffexorJones Day successfully represented Wyeth, Inc. in a product liability action involving antidepressant, Effexor.
  • Wyeth obtains 5th Circuit affirmance of summary judgment entry in products liability action related to prescription antidepressantOn April 24, 2008, the United States Court of Appeals for the Fifth Circuit affirmed the trial court's entry of summary judgment in favor of Jones Day client Wyeth in Ackermann v. Wyeth, 526 F.3d 203 (5th Cir. 2008).
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