David M. Krueger

Obtained dismissal of VPPA class action after establishing that the at-issue videos involving Facebook “Meta pixel” were publicly available and did not require subscription to access.

Successfully negotiated and resolved multi-party business dispute arising from breach of contract and fiduciary duty between former business partners, including negotiation on business loan.

In Donaca v. DISH Network L.L.C., No. 11-cv-02910, 2014 U.S. Dist. LEXIS 19740 (D. Colo. Feb. 18, 2014), the class action defense team of Eric Zalud, Ben Kern, and David Krueger successfully defended a nationwide putative class action seeking to hold DISH vicariously liable for 1+ million phone calls made by over a dozen third-parties in alleged violation of the Telephone Consumer Protection Act, 47 U.S.C. § 227(b) and (c).

Successfully defeated plaintiff’s attempt to remand trucking liability claim to state court on grounds that concurrent jurisdiction did not destroy federal question jurisdiction for purposes of removal to federal court. (Acuity, a Mut. Ins. Co. v. YRC Inc., No. 12cv2497), 2013 WL 646218 (N.D. Ohio 2013).

In Fitzhenry v. ADT Corp., No. 14-80180, 2014 U.S. Dist. LEXIS 166243 (S.D. Fla. Nov. 3, 2014), the class action defense team of Eric Zalud, Ben Kern, and David Krueger successfully defended a nationwide putative class action seeking to hold ADT vicariously liable for approximately 5 million phone calls made by an independent third-party in alleged violation of the Telephone Consumer Protection Act, 47 U.S.C. § 227(b).

Obtained dismissal of state law claims in suit seeking damages against transportation provider on grounds of federal preemption under Carmack Amendment. 

Obtained denial of class certification against motor class in nationwide class action alleging breach of contract, fraud, and violations of the Truth In Leasing regulations.

Defended transportation company at trial, in suit alleging negligence in loading of cargo.

Represent aircraft owners and purchases in leaseback and purchase agreements.

Represented businesses in Part 107 Remote Pilot and UAV certification, compliance, and airspace regulations.

Obtained voluntary dismissal of suit alleging personal injury and wrongful death in connection with fatal transportation accident.

Won trial on behalf of corporation in suit seeking damages for breach of contract. Decision affirmed on appeal.

Won trial defending corporation in claim alleging breach of contract and violations of the Ohio Consumer Sales Practices Act.

Defended corporation, directors, and majority shareholders in suit alleging fraud, successor-liability, Uniform Fraudulent Transfer Act liability, and seeking to pierce corporate veil to holder shareholders individually liable.

Represented company for alleged cybersquatting, violations of Anticybersquatting Consumer Protection Act, and false designation of origin.

Defended corporation in suit seeking certification of state wide class action for alleged product defect.

Defended corporation in nationwide class action suit for alleged violations of the disclosure and adverse action requirements of the Fair Credit Reporting Act.

Defended corporation in suit seeking class certification of claims alleging breach of contract, unjust enrichment, and violations of the Ohio Valentine (antitrust) Act.

Defended moving company for alleged violation of Truth-In-Leasing Regulations in putative nationwide class action.

Represented medical device manufacturer in arguing that state-law product design claims were preempted under Medical Device Amendments to FDCA.

Represented medical device manufacturer in defense of state law design and manufacturing defect claims of heart catheter.

Obtained dismissal of trucking liability claim under Carmack Amendment due to insufficient evidence of damage.

Obtained summary judgment in favor of newspaper publication in suit alleging defamation.

Obtained denial of class certification on behalf of corporate defendant in nationwide putative class action alleging violations of the Telephone Consumer Sales Protection Act.

Obtained summary judgment in favor of employer in suit alleging intentional infliction of emotional distress and wrongful discharge.

Successfully resolved multi-state class action alleging violations of Truth-In-Leasing Regulations by motor carrier.

Represent and advise airports on FAA airport compliance and reporting requirements.

Defended insurance company in suit seeking certification of class action for alleged wrongful denial of insurance benefits.

Successfully struck class allegations in putative state-wide class action alleging violations of the Ohio Consumer Sales Practices Act (“CSPA”), fraud, and unjust enrichment, due to the plaintiff’s failure to adequately show “prior notice” necessary for a CSPA class action and allege secondary claims for fraud/unjust enrichment.

Garforth v. Sterling Jewelers Inc., Geauga Common Pleas No. 13X001124 (Nov. 21, 2014).

Obtained voluntary dismissal of product liability suit alleging design and manufacturing product defect in connection a hip implant.

Represented product manufacturer in suit alleging violations of California Proposition 65.

Obtained voluntary dismissal of nationwide putative class action against retailer of consumer products, alleging violations of the Telephone Consumer Protection Act, 47 USC 227(b).

Obtained summary judgment in favor of medical provider in federal civil rights claim.

Developed policies and procedures for complying with federal Fair Credit Reporting Act obligations (and state-level versions of the law) for nationwide business in connection with employment applications.

Successfully recovered $400,000 of wrongfully diverted funds in commission payments.

Provide compliance counseling to motor carriers and transportation brokers under federal Moving Ahead for Progress in the 21st Century Act.

Obtained summary judgment on behalf of financial institution for alleged violations of Fair Credit Reporting Act for allegedly misreporting spouse as co-holder of account.

Won motion to dismiss claim involving serial-plaintiff for alleged violations of the Telephone Consumer Protection Act, Ohio Telephone Solicitation Act, and Ohio Consumer Sales Practices Act.

Successfully forced voluntary dismissal of a putative class action alleging violations of California Labor Laws.

Successfully defeated nationwide putative class action for alleged violation of the Telephone Consumer Protection Act by compelling arbitration on an individual basis despite the consumer contesting that she was not bound by arbitration agreement.

Obtained summary judgment on behalf of defendant in Telephone Consumer Protection Act claim on grounds that the consumer did not use a reasonable method of attempting to revoke consent.