David A. Kanter

Biography

David Kanter is a partner at Swanson, Martin & Bell, LLP. David has spent his entire career counseling and defending chemical companies, pharmaceutical and medical device companies and other product manufacturers that face legal challenges involving complex medical and scientific issues. He primarily represents pharmaceutical companies in product liability cases and chemical companies in toxic exposure cases across the country in both putative class actions and individual or mass injury cases. Dave has a long track record of successful results in multiple state and federal courts, including defeating class certifications, winning defense verdicts on jury trials, dismissing cases on summary judgment, and has successfully challenged the admissibility of expert testimony. Over the years, Dave has represented pharmaceutical and medical device companies in recurrent product liability actions involving pertussis vaccine, anti-depressants, implantable contraceptives, estrogen replacements, breast implants, prescription diet drugs, anti-epileptics, implantable staples and intravenous bisphosphonates. Dave has also represented chemical companies in toxic tort trials and recurrent litigation across the country. These cases have involved allegations of personal injury and/or property damage from exposure to substances such as arsenic, chromium, creosote, pentachlorophenol, toluene, mineral spirits, benzene, acetic acid, ethylene oxide, diacetyl, inks, radiation and PAHs. He also counsels companies on matters pending before the Environmental Protection Agency and the Consumer Product Safety Commission. Dave also represents and has tried cases on behalf of physicians and hospitals in medical negligence cases.

Practices

Toxic Tort Litigation
Pharmaceutical and Medical Device
Product Liability
Class Action Defense
Medical Negligence and Healthcare

Memberships & Affiliations

  • American Bar Association (Co-Chair, Mass Tort Litigation Subcommittee on Toxic Torts, 2005-2010)
  • Defense Research Institute, Drug and Medical Device Committee
  • Elected to American Board of Trial Advocates (ABOTA)

Awards

  • Selected by In-House Counsel as "BTI Client Service All-Star," one of only 272 litigators nationwide recognized with this honor
  • Named Leading Lawyer in Illinois in Product Liability and Toxic Tort
  • Selected as Illinois Super Lawyer in Civil Litigation Defense
  • AV Peer Review Rating by Martindale-Hubbell (highest rating given)

Presentations

  • Contributor, "Case Studies Indicate that Tools Currently Available to Assure Quality and Integrity of Federal Government Science are Inadequate," Society of Environmental Toxicology and Chemistry Annual Meeting, November 2017 
  • Moderator, "Views from the Bench: A Unique Opportunity to Learn How Federal and State Judges View Evidence and Arguments Specifically in the Medical Malpractice Context," ACI Medical Malpractice Catastrophic Injuries Seminar, March 2016
  • Speaker, "Hazard vs. Risk; Methods of Product Deselection and the Law," Society for Risk Analysis Annual Meeting, December 2014
  • Invited Lecturer, Mass Tort Practice and Product Liability, Northwestern University School of Law, October 2014
  • Program Co-Chair, "Chemical Products and Toxic Torts: From Crises to Mass Litigation: Starting Smart and Finishing Strong," ABA Section of Litigation Products Liability and Mass Torts Committees Regional CLE Workshop, October 2010
  • Program Co-Chair and Moderator, "Biomonitoring, Toxicogenomics and Other Emerging Tools Used to Analyze Medical Causation," ABA Section of Litigation Products Liability and Mass Torts Committees Regional CLE Workshop, September 2009
  • Panelist, “New Ways to Daubert Challenge Experts: Medical Causation Meets Evidence-Based Medicine,” American Bar Association Section of Litigation, Environmental, Products Liability and Mass Torts Committees Seminar, January 2005
 

News

Chicago, October 7, 2021
Kanter Co-Authors Law360 Article on D.C. Circuit's Exploratory Data Ruling
When scientists employed by universities, nonprofit institutes or corporations publish scientific studies, they routinely make their underlying research data available to peer reviewers and anyone else who is interested. A recent U.S. Court of Appeals for the District of Columbia Circuit decision, Pavement Coatings Technology Council v. United States Geological Survey, confirms that federal government scientists should be no different. They cannot shield their published work from professional, industry or public criticism by invoking Freedom of Information Act Exemption 5 — the deliberative process privilege — as a reason for refusing to disclose their exploratory research data.

Chicago, Lisle, Libertyville, Madison County, January 11, 2021
Swanson, Martin & Bell, LLP Attorneys Named Leading Lawyers, Emerging Lawyers for 2021
Those designated Leading Lawyers were recommended by their peers to be among the top lawyers in Illinois.

Chicago, Lisle, Libertyville, Madison County, February 3, 2020
Swanson, Martin & Bell, LLP Attorneys Named Leading Lawyers, Emerging Lawyers for 2020
Those designated Leading Lawyers were recommended by their peers to be among the top lawyers in Illinois.

Chicago, January 30, 2020
Illinois Super Lawyers Recognizes 25 Swanson, Martin & Bell, LLP Attorneys
Swanson, Martin & Bell, LLP announces that 12 attorneys were named to the 2020 Illinois Super Lawyers list and another 13 were named to the 2020 Illinois Rising Stars list.

Chicago, Libertyville, St. Louis, January 28, 2019
Illinois Super Lawyers Recognizes 29 Swanson, Martin & Bell, LLP Attorneys
Swanson, Martin & Bell, LLP is proud to have 14 Super Lawyers and 15 Rising Stars in 2019.

Chicago, January 16, 2019
Swanson, Martin & Bell, LLP Attorneys Named Leading Lawyers, Emerging Lawyers for 2019
Those designated Leading Lawyers were recommend by their peers to be among the top lawyers in Illinois.

Chicago, June 1, 2018
Rogers Appointed Illinois Representative for ABOTA National Board
ABOTA is a national association of experienced trial lawyers and judges dedicated to the preservation and promotion of the civil jury trial right provided by the Seventh Amendment to the Constitution.

Chicago, Lisle, Libertyville, Madison County, January 23, 2018
Swanson, Martin & Bell, LLP Attorneys Named Leading Lawyers, Emerging Lawyers for 2018
Those designated Leading Lawyers were recommend by their peers to be among the top lawyers in Illinois.

Chicago, November 27, 2017
Kanter Speaks at Society of Environmental Toxicology and Chemistry Annual Meeting
Kanter spoke about "Case Studies Indicate that Tools Currently Available to Assure Quality and Integrity of Federal Government Science are Inadequate" along with two fellow speakers.

Chicago, January 16, 2017
Illinois Super Lawyers Recognizes 38 Swanson, Martin & Bell, LLP Attorneys
Swanson, Martin & Bell, LLP announces that 38 of its attorneys have been selected for inclusion in the 2017 Illinois Super Lawyers and Rising Stars lists.

Chicago, June 1, 2016
Kocour Elected to Membership in American Board of Trial Advocates
Kocour joins several other Swanson, Martin & Bell, LLP who are also ABOTA members.

Chicago, May 5, 2016
Swanson, Martin & Bell, LLP Attorneys Named to Leading Lawyers, Emerging Lawyers List
Thirty-six Swanson, Martin & Bell, LLP attorneys were named Leading Lawyers or Emerging Lawyers.

Chicago, March 2, 2016
Kanter Moderates Judges' Panel at Medical Malpractice Catastrophic Injury Conference
The judges discussed evidence and arguments in the context of medical malpractice.

Chicago, January 13, 2016
Illinois Super Lawyers Recognizes 39 Swanson, Martin & Bell, LLP Attorneys
Swanson, Martin & Bell, LLP announces that 39 of its attorneys have been selected for inclusion in the 2015 Illinois Super Lawyers and Rising Stars lists.

Chicago, January 12, 2015
Illinois Super Lawyers Recognizes 39 Swanson, Martin & Bell, LLP Attorneys
Swanson, Martin & Bell, LLP announces that 39 of its attorneys have been selected for inclusion in the 2015 Illinois Super Lawyers and Rising Stars lists.

Chicago, October 17, 2014
Wills Inducted Into American Board of Trial Advocates
Wills joins several other Swanson, Martin & Bell, LLP who are also ABOTA members.

Chicago, January 13, 2014
Illinois Super Lawyers Recognizes 39 Swanson, Martin & Bell, LLP Attorneys
Swanson, Martin & Bell, LLP announces that 39 of its attorneys have been selected for inclusion in the 2014 Illinois Super Lawyers and Rising Stars lists.

Chicago, July 17, 2013
Chicago Daily Law Bulletin, Law360 Highlight New Swanson, Martin & Bell, LLP Attorneys
The Law Bulletin article quotes new Partners David A. Kanter and Robert R. McNamara, as well as Managing Partner Timothy G. Nickels.

Chicago, July 9, 2013
Seven Lateral Attorneys Join Swanson, Martin & Bell, LLP
Four partners and three associates have recently joined the firm's Chicago office.

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