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David Kochman
D: (212) 313-5488  
dkochman@harrisbeach.com

David H. Kochman

  Member

(212) 313-5488
  dkochman@harrisbeach.com
“It is important for me to provide a product liability defense roadmap for clients to develop and then implement a litigation strategy focused on efficiently solving a problem, be it by early evaluation and prompt resolution or, if necessary, litigate through trial.”
Profile
Representative Matters
Professional and Civic
Areas of Experience
Admissions
Education
Location
Publications and Events

David focuses on representing corporations as national, regional, local and trial counsel in all phases of complex product liability litigation from pre-litigation crisis management through trial. He has been involved in the defense of a wide variety of product liability litigation, including automobiles, exercise and recreational equipment, heavy industrial equipment, pharmaceuticals and toxic torts, including asbestos. He has also defended corporations in class actions, multi‑district litigation and state-wide consolidations. David has extensive deposition experience including preparation and defense of corporate executives, as well as scientific, medical and technical experts. He also has experience in the defense of catastrophic accidents on construction sites. David has represented construction clients in disputes involving construction defect and breach of contract.

Prior to joining Harris Beach, David practiced with a New York City law firm where his experience included representing a company as national counsel in the “Fen Phen” litigation. He also represented a major Japanese international manufacturing client as Northeast Regional Discovery Coordinator responsible for preparation of discovery responses and mass document production. David also has significant experience in defense of international automotive manufacturers against product liability claims.. The types of claims range from allegedly inadequate occupant restraint systems, airbags and seat belts, to crashworthiness, failure to comply with Federal Regulations and a variety of failure to warn claims.

As a partner at Harris Beach, David also has extensive firm management responsibility. He serves as partner-in-charge of the New York City office summer associate program and supervises the New York City docketing and managing clerk staff. He is also a member of the hiring and associate training committees.

Representative Matters

  • Estate of Smith v Advanced Auto et al, 2019: Successful motion for summary judgment for electrical equipment manufacturer in New York County Asbestos Litigation (NYCAL).
  • Rooney v Port Authority et al, 2018: Trial counsel for equipment lessor in month long construction accident trial in Bronx County.
  • Andru v 3M Company et al.,-2018: Successful motion for summary judgment for electrical equipment manufacturer in New Jersey Asbestos Litigation
  • Harrigan v G-Z/10UNP Realty et al, 2017: Motion for summary judgment granted for construction equipment lessor client in New York County
  • Vuksanaj v. Hubbell Incorporated (Delaware), et al. (New York State Supreme Court 2014): Obtained dismissal on behalf of electrical equipment manufacturer.
  • McGrath v. Hubbell Power Systems, et al. (New York State Supreme Court 2013): Case dismissed as to client following plaintiff’s deposition
  • Karash v. United Rentals, Inc. (New York State Supreme Court 2009): As trial counsel, obtained dismissal for client at close of plaintiff’s case.
  • Woodward v. AO Smith Water Products, et al. (New York State Supreme Court, 2007): Obtained dismissal for industrial pump manufacturer, Blackmer, in product liability case.
  • Valley v. OPW Fueling Components, et al. (New York State Supreme Court, 2006): Successfully represented commercial fuel component supplier, OPW Fueling Components, in product liability case.
  • Morales v. Conceptions S.N. Vena, Inc. (New Jersey Superior Court, 2005): Successful defense of Canadian manufacturer of construction cement mixer equipment regarding allegations of defective design and inadequate warnings.
  • Blumm v. Trane (New Jersey Superior Court, 2005): Successful defense of commercial air chiller manufacturer in product liability action for property damage.
  • Alvarez, Duckworth, Gehler, et al. v. Bryant Electric, Division of Hubell, Inc. (New York State Supreme Court, 2004): Obtained summary judgment on behalf of industrial heater manufacturer in product liability case resulting in plaintiff dismissing entire cluster of over 150 cases based upon same theory.
  • Nereida Alvarez, et al. v. General Electric, et al. (New York State Supreme Court, 2004): Co-counsel defending General Electric regarding toxic tort product liability claims related to subway propulsion system.
  • Boyce v. America Honda Motor Co. (New York State Supreme Court, 2001): Represented Honda regarding automotive crash worthiness and defective seatbelt allegations asserted on behalf of deceased infant.
  • Powchik v. Cybex (New York State Supreme Court, 2001): Successfully defended exercise equipment manufacturer as to claims for allegedly defective equipment.
  • Wahl v. America Honda Motor Co., et al. (New York State Supreme Court, 1999): Co-trial counsel on behalf of Honda obtaining defense verdict after four-week trial in all terrain vehicle case.
  • Drattel v. Toyota Motor Corp. (New York State Supreme Court, 1997): Co-counsel for Japanese automotive manufacturer, Toyota, defending against plaintiff’s crashworthiness and no airbag claims.
  • Steidl v. Harley-Davidson (U. S. District Court, EDNY, 1997): Pre-trial and co-trial counsel representing Harley-Davidson resulting in defense verdict in motorcycle crashworthiness litigation.
  • Clarke v. Agency Rent-A-Car (New York State Supreme Court, 1996): Trial counsel for Agency Rent-A-Car in automotive litigation resulting in defense verdict obtained in Bronx County, New York.
  • Curtis Mayfield v. Coca-Cola, et al. (U. S. District Court, EDNY, 1995): Counsel representing theatrical lighting distributor defending product liability claims brought by the well-known entertainer regarding his accident, which rendered him quadriplegic.

Professional and Civic

  • Construction Defect Committee (Specialized Litigation Group), former chair
  • DRI, former chair of the Biomechanics and Injury Causation Specialized Litigation Group, former co-chair of Recreational Products Specialized Litigation Group
  • Berkeley Carroll School, in Brooklyn, New York, former member of the Board of Directors, served on the Development Committee and Major Gifts Subcommittee
  • Tufts Alumni Admissions Program, former Brooklyn Chair
  • Tufts Alumni Council, Development Committee member
  • United States Tennis Association, nationally ranked doubles player in father/son division

Recognition

  • Best Lawyers, Mass Tort Litigation / Class Actions – Defendants, since 2017
  • Super Lawyers, Personal Injury – Products: Defense, since 2006

Legal Practices

Mass Torts and Industry-Wide Litigation
Product Liability and Comprehensive General Liability

Industry Teams

Construction and Surety

Admissions

New Jersey

New York

U.S. District Court, New Jersey

U.S. District Court, New York - Eastern District

U.S. District Court, New York - Southern District

Emory University School of Law

JD 
1985

Tufts University

BA 
1981
magna cum laude

Location

Newark, NJ Office
New York, NY Office
Insights
July 17, 2019

“Sellers” Beware: Online Marketplaces Could See Increased Liability for Allegedly Defective Products

The U.S. Court of Appeals for the Third Circuit recently issued a decision that could change the liability landscape for online marketplaces
June 18, 2019

Manufacturers Can Apply “Optional Safety Device” Exception to Design Defect Claims in Rental Market

New York state’s High Court has expanded the optional safety device exception to strict products liability to apply to equipment rental.  I
News
October 13, 2021

Harris Beach Attorneys Recognized in 2021 Edition of New York Metro Super Lawyers

Attorneys from Harris Beach PLLC offices in New York City, White Plains and on Long Island have been named to the 2021 edition of the New Yo
November 12, 2019

79 Attorneys from Harris Beach Named to 2019 Super Lawyers List

A total of 79 Harris Beach PLLC attorneys have been named to the 2019 edition of Super Lawyers, a peer-based rating service that recognizes
July 2, 2019

David Kochman Featured in Long Island Business News Article on Company Crisis Management

David Kochman, co-leader of the First Response Emergency, Crisis and Disaster took part in a panel discussion on Crisis Management.  The dis
August 15, 2018

63 Harris Beach Attorneys Named to Best Lawyers® List

A total of 63 attorneys from Harris Beach PLLC have made the 2019 edition of The Best Lawyers in America, the oldest guide of its kind in th
Events
External Publications

Published numerous articles and lectured extensively in the products liability field regarding admissibility of expert testimony, crashworthiness in automotive litigation, establishing defenses such as assumption of the risk and open and obvious dangers, rebutting failure to warn claims, and legal ethics

All Insights, All Publications, Legal Alert |
 July 17, 2019
“Sellers” Beware: Online Marketplaces Could See Increased Liability for Allegedly Defective Products
The U.S. Court of Appeals for the Third Circuit recently issued a decision that could change the liability landscape for online marketplaces...read more
All Insights, All Publications, Legal Alert |
 June 18, 2019
Manufacturers Can Apply “Optional Safety Device” Exception to Design Defect Claims in Rental Market
New York state's High Court has expanded the optional safety device exception to strict products liability to apply to equipment rental.  I...read more
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David H. Kochman

dkochman@harrisbeach.com
D: (212) 313-5488
Newark, NJ Office
New York, NY Office
David Kochman
https://www.harrisbeach.com/people/kochman-david-h/

■ Areas of Expertise

Legal Practices

Mass Torts and Industry-Wide Litigation Legal Practice
Product Liability and Comprehensive General Liability Legal Practice

Industry Teams

Construction and Surety Industry Team

■ Profile

David focuses on representing corporations as national, regional, local and trial counsel in all phases of complex product liability litigation from pre-litigation crisis management through trial. He has been involved in the defense of a wide variety of product liability litigation, including automobiles, exercise and recreational equipment, heavy industrial equipment, pharmaceuticals and toxic torts, including asbestos. He has also defended corporations in class actions, multi‑district litigation and state-wide consolidations. David has extensive deposition experience including preparation and defense of corporate executives, as well as scientific, medical and technical experts. He also has experience in the defense of catastrophic accidents on construction sites. David has represented construction clients in disputes involving construction defect and breach of contract.

Prior to joining Harris Beach, David practiced with a New York City law firm where his experience included representing a company as national counsel in the “Fen Phen” litigation. He also represented a major Japanese international manufacturing client as Northeast Regional Discovery Coordinator responsible for preparation of discovery responses and mass document production. David also has significant experience in defense of international automotive manufacturers against product liability claims.. The types of claims range from allegedly inadequate occupant restraint systems, airbags and seat belts, to crashworthiness, failure to comply with Federal Regulations and a variety of failure to warn claims.

As a partner at Harris Beach, David also has extensive firm management responsibility. He serves as partner-in-charge of the New York City office summer associate program and supervises the New York City docketing and managing clerk staff. He is also a member of the hiring and associate training committees.

■ Representative Matters

  • Estate of Smith v Advanced Auto et al, 2019: Successful motion for summary judgment for electrical equipment manufacturer in New York County Asbestos Litigation (NYCAL).
  • Rooney v Port Authority et al, 2018: Trial counsel for equipment lessor in month long construction accident trial in Bronx County.
  • Andru v 3M Company et al.,-2018: Successful motion for summary judgment for electrical equipment manufacturer in New Jersey Asbestos Litigation
  • Harrigan v G-Z/10UNP Realty et al, 2017: Motion for summary judgment granted for construction equipment lessor client in New York County
  • Vuksanaj v. Hubbell Incorporated (Delaware), et al. (New York State Supreme Court 2014): Obtained dismissal on behalf of electrical equipment manufacturer.
  • McGrath v. Hubbell Power Systems, et al. (New York State Supreme Court 2013): Case dismissed as to client following plaintiff’s deposition
  • Karash v. United Rentals, Inc. (New York State Supreme Court 2009): As trial counsel, obtained dismissal for client at close of plaintiff’s case.
  • Woodward v. AO Smith Water Products, et al. (New York State Supreme Court, 2007): Obtained dismissal for industrial pump manufacturer, Blackmer, in product liability case.
  • Valley v. OPW Fueling Components, et al. (New York State Supreme Court, 2006): Successfully represented commercial fuel component supplier, OPW Fueling Components, in product liability case.
  • Morales v. Conceptions S.N. Vena, Inc. (New Jersey Superior Court, 2005): Successful defense of Canadian manufacturer of construction cement mixer equipment regarding allegations of defective design and inadequate warnings.
  • Blumm v. Trane (New Jersey Superior Court, 2005): Successful defense of commercial air chiller manufacturer in product liability action for property damage.
  • Alvarez, Duckworth, Gehler, et al. v. Bryant Electric, Division of Hubell, Inc. (New York State Supreme Court, 2004): Obtained summary judgment on behalf of industrial heater manufacturer in product liability case resulting in plaintiff dismissing entire cluster of over 150 cases based upon same theory.
  • Nereida Alvarez, et al. v. General Electric, et al. (New York State Supreme Court, 2004): Co-counsel defending General Electric regarding toxic tort product liability claims related to subway propulsion system.
  • Boyce v. America Honda Motor Co. (New York State Supreme Court, 2001): Represented Honda regarding automotive crash worthiness and defective seatbelt allegations asserted on behalf of deceased infant.
  • Powchik v. Cybex (New York State Supreme Court, 2001): Successfully defended exercise equipment manufacturer as to claims for allegedly defective equipment.
  • Wahl v. America Honda Motor Co., et al. (New York State Supreme Court, 1999): Co-trial counsel on behalf of Honda obtaining defense verdict after four-week trial in all terrain vehicle case.
  • Drattel v. Toyota Motor Corp. (New York State Supreme Court, 1997): Co-counsel for Japanese automotive manufacturer, Toyota, defending against plaintiff’s crashworthiness and no airbag claims.
  • Steidl v. Harley-Davidson (U. S. District Court, EDNY, 1997): Pre-trial and co-trial counsel representing Harley-Davidson resulting in defense verdict in motorcycle crashworthiness litigation.
  • Clarke v. Agency Rent-A-Car (New York State Supreme Court, 1996): Trial counsel for Agency Rent-A-Car in automotive litigation resulting in defense verdict obtained in Bronx County, New York.
  • Curtis Mayfield v. Coca-Cola, et al. (U. S. District Court, EDNY, 1995): Counsel representing theatrical lighting distributor defending product liability claims brought by the well-known entertainer regarding his accident, which rendered him quadriplegic.

■ Professional and Civic

  • Construction Defect Committee (Specialized Litigation Group), former chair
  • DRI, former chair of the Biomechanics and Injury Causation Specialized Litigation Group, former co-chair of Recreational Products Specialized Litigation Group
  • Berkeley Carroll School, in Brooklyn, New York, former member of the Board of Directors, served on the Development Committee and Major Gifts Subcommittee
  • Tufts Alumni Admissions Program, former Brooklyn Chair
  • Tufts Alumni Council, Development Committee member
  • United States Tennis Association, nationally ranked doubles player in father/son division

■ Admissions

  • Best Lawyers, Mass Tort Litigation / Class Actions – Defendants, since 2017
  • Super Lawyers, Personal Injury – Products: Defense, since 2006

■ Education

Emory University School of Law
 ,JD
 ,1985
Tufts University
 ,BA
 ,1981
 ,magna cum laude

Harris Beach and its subsidiaries provide a full range of legal and professional services for clients across New York state, as well as nationally and internationally. Harris Beach is among the country’s top law firms as ranked by The National Law Journal and is among the BTI Elite law firms based on in-depth interviews of more than 600 corporate counsel at the world’s largest and most influential companies. Our clients include Fortune 100 corporations, privately-held companies, emerging businesses, public sector entities, not-for-profit organizations and individuals. Principal industries we represent include education, energy, financial, food and beverage, health care, insurance, manufacturing, medical and life sciences, real estate developers, and state and local governments and authorities.

Industry Teams
Automotive and Vehicle Dealerships
Blockchain and Digital Assets 
Cannabis
Construction and Surety
Educational Institutions Higher Ed
Educational Institutions K-12
EMS and Fire Protection Providers
Energy
Financial Institutions and Capital Markets
Food and Beverage
Health Care
Industrial and Consumer Manufacturing
Medical and Life Sciences
Municipalities and Local Agencies
Nanotechnology
Photonics
Racing and Gaming
Real Estate Developers
Science and Technology
Telecommunications and Media
Unmanned Aircraft Systems
USA Collegiate Sports
Veterinary Medicine

Practices
Alternative Dispute Resolution
Appellate
Business and Commercial Litigation
Collection Law
Commercial Real Estate
Corporate
Cybersecurity Protection and Response
Diversity Compliance
E-Discovery (e-infoSM)
Employee Benefits
Employment Litigation
Environmental Law
Environmental, Social and Governance (ESG)
Financial Restructuring, Bankruptcy and Creditors’ Rights
Government Compliance and Investigations
Health Law
Immigration Law
Insurance Coverage
Intellectual Property Law
International Trade Law
Internet Law
Labor and Employment Law
Mass Torts and Industry-Wide Litigation
New Markets Tax Credit
Patent, Trademark and Copyright Law
Product Liability and Comprehensive General Liability
Public Finance and Economic Development
Real Property Valuation Litigation
Residential Real Estate
Tax Law
White Collar Crime
Wills, Trusts and Estates

Consulting Services
HB Solutions LLC
Collegiate Sports Compliance
Data Privacy and Cybersecurity
Economic Development and Public Affairs
Educational Institution Assistance
EMRG® (E-Discovery Management Resources Group)
Energy
Health and Human Services
Human Resources
Information Technology
Marketing and Communication Services
Municipal and Local Agency Assistance

HB Cornerstone LLC
Owner Representation
Design Services
Facilities Consulting
Move Management

Caetra.io
CyMetric (Cybersecurity Regulation Compliance Software)

Offices throughout New York:

Albany
677 Broadway
Albany, NY 12207
518-427-9700

Buffalo
726 Exchange Street
Buffalo, NY 14210
716-200-5050

Ithaca
119 East Seneca Street
Ithaca, NY 14850
607-273-6444

Long Island
333 Earle Ovington Boulevard
Uniondale, NY 11553
516-880-8484

New York City
100 Wall Street
New York, NY 10005
212-687-0100

Rochester
99 Garnsey Road
Pittsford, NY 14534
585-419-8800

Saratoga Springs
513 Broadway
Saratoga Springs, NY 12866
518-587-0551

Syracuse
333 West Washington Street
Syracuse, NY 13202
315-423-7100

White Plains
445 Hamilton Avenue
White Plains, NY 10601
914-683-1200

Offices also in:

New Haven, CT
195 Church Street
New Haven, CT 06510
203-784-3159

Newark, NJ
One Gateway Center
Newark, NJ 07102
973-848-1244

Washington, DC
800-685-1429

Attorney Advertising. Prior results do not guarantee a similar outcome.
© 2022 Harris Beach PLLC

Content current as of February 5, 2023 12:28 am
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