
David Koehler
AssociateDavid Koehler defends pharmaceutical, life science and medical device companies in large-scale mass tort actions, including federal and state products liability, consumer fraud and medical monitoring litigation. David’s business litigation practice includes commercial tort and contract, and he has experience in a range of internal investigation and compliance matters particularly in the life sciences sector. David has led every stage of litigation, including strategic assessment and planning, motion practice, discovery, expert development, trial and resolution.
David often serves as trial captain in complex product liability jury trials, leading a client’s defense across teams, firms, and among co-defendants. In addition to his own bench and jury trial experience, David frequently argues expert, dispositive, and evidentiary motions at trial.
EXPERIENCE
Representative of his experience are the following matters:
- Roundup Product Liability Litigation: Trial captain for numerous trial teams defending claims that client’s herbicide caused plaintiffs’ non-Hodgkin’s lymphoma, resulting in several highly favorable settlements and in the only case to proceed to trial in Arkansas, a defense verdict on all claims
- In re Aqueous Film-Forming Foams Products Liability Litigation, MDL 2873 (D.S.C.): Workup counsel for AFFF manufacturer in MDL cases alleging that PFAS in drinking water required water providers to incur remediation, capital and O&M expense and caused plaintiffs to develop various forms of cancer. Also served on trial teams in various state-court litigations alleging PFAS contamination from other sources
- In re Bair Hugger Forced Air Warming Devices Products Liability Litigation, MDL No. 2666 (D. Minn.): Served on trial teams and as work-up counsel for manufacturer of forced-air warming blanket in products liability lawsuits alleging that the product caused periprosthetic joint infections in hip and knee replacement surgeries
- Essure Product Liability Litigation: Served on trial team and led workup and defense of numerous cases in product liability litigation alleging injuries caused by permanent contraceptive device
- In re Xarelto (Rivaroxaban) Products Liability Litigation, MDL 2592 (E.D. La.): Supported trial team and led the workup and defense of individual claims in product liability litigation alleging injuries caused by prescription blood thinner
- Arkansas Nuclear One Litigation: Served on defense team for multinational energy and industrial contractor in lawsuits alleging commercial damage, wrongful death and personal injuries arising from failure of temporary overhead crane assembly at Arkansas nuclear power plant
- Served as first- and second-chair trial counsel and obtained verdicts in clients' favor in state and federal jury and bench trials in commercial disputes and suits alleging negligence, breach of contract, malicious prosecution, abuse of process and excessive force
- Defended and successfully resolved suits against numerous corporations, retailers, hospitals, and pharmacies alleging personal injury, negligence, breach of contract and intentional tort
- Represented individuals and small businesses in suits alleging professional malpractice, negligence, and breach of contract, including claims against physicians, hospitals, insurance agents, and forestry and agricultural consultants
- Coordinated large-scale discovery and e-discovery projects in trademark infringement litigation
- Represented multiple national insurance carriers in class action and complex declaratory judgment litigation, including suit seeking coverage of US $25 million oil refinery fire and class action related to insurer’s handling of med pay and PIP subrogation under the Arkansas made whole doctrine
- Defended state officers and quasi-public hospitals and other entities in defense of Freedom of Information Act litigation
Awards
- The Best Lawyers in America: "Ones to Watch" Personal Injury Litigation – Defendants, (2019 – 2025)
- Mid-South Super Lawyer Rising Star: Civil Litigation Defense, (2017 – 2020)
- International Association of Defense Counsel (IADC) Trial Academy, (2018)
- Little Rock Regional Chamber Leadership Greater Little Rock Class XXXII, (2017)
Pro Bono
David is one of several attorneys from DLA Piper, public interest firms, and legal-advocacy organizations pursuing a federal class action lawsuit alleging that the State of Georgia discriminates against thousands of public school students with disabilities by providing them with a separate and unequal education via the State's Georgia Network for Educational and Therapeutic Supports Program (GNETS). The complaint, filed in United States District Court for the Northern District of Georgia, alleges that the State, in denying GNETS students the opportunity to be educated with non-disabled peers in neighborhood schools, violates the Americans with Disabilities Act, Section 504 of the Rehabilitation Act of 1973, and the Fourteenth Amendment to the United States Constitution.
As a member of Legal Aid of Arkansas and the Volunteers’ Organization, Center for Arkansas Legal Services (VOCALS), David regularly helps clients obtain guardianships over minor children and disabled adults and seal the criminal records of misdemeanor offenders who have complied with statutory requirements to aid in obtaining housing and gainful employment.
David has represented prisoners in civil rights actions in federal court. In 2017, he successfully first-chaired a multi-day federal jury trial on behalf of a prisoner asserting claims of excessive force. He has assisted veterans seeking a military discharge upgrade or correction through the National Veterans Legal Services Program (NVLSP) discharge upgrade initiative. David has investigated the constitutionality of the fines and fees practices of county district court judges in Arkansas in conjunction with the Lawyers Committee on Civil Rights Under Law.
David is co-chair of the recruitment and governance committee of the Friends of Little Rock Public Radio Board, an advisory organization supporting Little Rock Public Radio, central Arkansas's NPR member station, the mission of which is to deepen insight into the human experience, empower decision-making, and enrich the lives of those it serves through quality news and cultural programs. David is a former vice-chairman of the Board of Directors of the Wolfe Street Foundation, which provides a home for drug and alcohol abuse recovery meetings in Central Arkansas and offers support services for individuals and families seeking a way out of the cycle of drug and alcohol addiction. David was the founding president of the Catholic High School for Boys Young Alumni Board and for several years coached the Catholic High School for Boys and Mount St. Mary Academy mock trial team.
- J.D., University of Arkansas, William H. Bowen School of Law
- B.A., University of Arkansas
Publications
- Author, “You’ve Been Asked to Serve as Trial Captain: Four Suggestions to Help Along the Way,” American Bar Association, Litigation Section, Mass Torts Newsletter, August 29, 2024
Memberships And Affiliations
- International Association of Defense Counsel (IADC), Product Liability Committee
- Arkansas Bar Association
- Pulaski County Bar Association
- William R. Overton Inn of Court
- VOCALS (Volunteer Organization, Center for Arkansas Legal Services)
- Legal Aid of Arkansas
- Executive Committee, Friends of Little Rock Public Radio
- Board of Directors and Executive Committee, Wolfe Street Foundation, (2019 – 2023)
- Board of Directors, University of Arkansas Lambda Chi Alpha Housing Corporation, (2016 – 2022)
- Assistant Coach, Mock Trial Team, Catholic High School for Boys and Mount St. Mary Academy, (2015 – 2017)
- President and Founding Member, Catholic High School for Boys Young Alumni Board, (2015 – 2018)