David A. Kanter

David Kanter is a partner in the law firm of Wildman Harrold. Since joining the firm as a summer associate in 1983, he has spent his entire career counseling and defending chemical companies and product manufacturers that face legal challenges involving complex medical and scientific issues. He primarily represents chemical companies in toxic exposure cases across the country in both putative class actions and individual or mass injury cases. For many years, Dave has litigated cases on behalf of leading companies in the pressure-treated wood product industry, and in the role of lead trial lawyer, he has obtained defense jury verdicts in the only three treated wood toxic exposure cases to reach trial in the past two decades. 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. He also counsels companies on matters pending before the Environmental Protection Agency and the Consumer Product Safety Commission. In addition to his work with the chemical industry, he represents pharmaceutical and medical device companies, product manufacturers, and physicians in defending claims of personal injury and product liability.

Representative Experience:

As lead trial counsel, won jury verdict in favor of California Cascade Industries in case brought in California Superior Court, Sacramento County by carpenter/contractor alleging injury to his lungs, brain and peripheral nervous system from arsenic poisoning allegedly as a result of long term occupational exposure to CCA pressure treated wood.
Won denial of class certifications brought against Osmose, Inc. and Arch Wood Protection, Inc. in national putative class actions brought in both the U.S. District Court for the Southern District of Florida and the U.S. District Court for the Western District of Louisiana on behalf of purchasers and owners of CCA pressure-treated wood; representation included coordination of discovery, expert witnesses, and class action pleadings
As lead trial attorney, won jury verdict in favor of Osmose, Inc. and Universal Forest Products, Inc. in lawsuit brought by a carpenter in state court in Denver, Colorado, alleging that toxic exposure to arsenic in sawdust from CCA pressure-treated wood caused severe neurological, cognitive, and liver injuries
As lead trial attorney, won jury verdict in favor of Osmose, Inc. in a lawsuit brought by a carpenter in state court in Bloomington, Indiana, alleging that toxic exposure to arsenic in CCA pressure-treated wood caused severe vascular injury
As lead trial attorney, won verdict in favor of Osmose, Inc., Arch Chemicals, Inc., Universal Forest Products, Inc., and Midwest Timber, Inc. in a lawsuit brought by a construction worker in state court in Muskegon, Michigan alleging that exposure to sawdust from CCA pressure treated wood caused severe lung injury
Won summary judgment in the Circuit Court of Cook County, Illinois, in favor of Celanese Corporation on all counts against all plaintiffs, approximately 30 former and current employees of Ingalls Memorial Hospital, who alleged neurological, cognitive, and respiratory injuries from occupational/toxic exposure to the sterilant ethylene oxide
As lead trial attorney, won multiple medical malpractice jury trials on behalf of physicians in the Circuit Court of Cook County, Illinois
Won summary judgment in favor of Arch Wood Protection, Inc. in a lawsuit in state court in Mt. Carroll, Kentucky brought by the family of deceased chemical plant manager that alleged plant manager’s brain cancer was caused by occupational exposure to arsenic at wood treating plant
Represented Wyeth Laboratories, Inc. on regional basis in both recurrent product liability cases (e.g., pertussis vaccine, fen-phen, Norplant) and non-recurrent (e.g., Premarin, Flurothane, Inderal) product liability cases
Won summary judgment of Pizza Hut of America in a lawsuit brought in U.S. District Court for Northern District of Illinois by a mother of a severely brain-damaged child, defeating allegations that in utero exposure to high level of carbon monoxide coming from inadequately vented pizza oven caused severe brain injury to unborn child

Publications And Presentations:

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.

Professional Associations:

American Bar Association (Co-Chair, Mass Tort Litigation Subcommittee on Toxic Torts)

Beta Gamma Sigma

Phi Kappa Phi

Edmund James Scholar

Instructor, Business Law at University of Illinois, 1983–1984

Defense Research Institute (Drugs & Medical Devices Section)

Named Leading Lawyer in Illinois (Product Liability, Toxic Tort)

Bar Admissions:

Illinois, 1984

U.S. District Court for the Northern District of Illinois

U.S. District Court for the Central District of Illinois

U.S. District Court for the Southern District of Illinois

U.S. District Court for the Western District of Michigan

U.S. Court of Appeals for the Seventh Circuit

U.S. Court of Appeals for the Fifth Circuit

Personal Information:

Dave resides in Clarendon Hills, Illinois with his wife and four children and is an avid fan of the Chicago White Sox and the University of Illinois’ Fighting Illini.

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