David M. Pollack

Partner

  • location icon New York, NY
    77 Water Street
    New York, NY 10005

David Pollack is a partner in the New York office of Lewis Brisbois and chair of the Architects & Engineers Practice. He has extensive national litigation and trial practice in State and Federal Courts, with a principal emphasis on architects, engineers and other professional liability defense, products liability, tort and mass tort litigation, and insurance coverage. He represents insurance carriers in diverse insurance coverage litigation including, but not limited to, additional insured, construction law, labor law, asbestos, other mass tort, environmental and bad faith claims. 

Before joining Lewis Brisbois, Mr. Pollack was resident partner of the New York office of a Boston-based firm specializing in Architects & Engineers defense. He has defended hundreds of cases in state and federal court, arbitrations and mediations, involving structural, geotechnical, architectural, fire protection systems, electrical, mechanical, surveying, curtain wall, sanitary sewer, electrical power lines, civil engineering, HVAC design defects, design contract disputes, construction management claims, delay claims, cost overruns, scheduling disputes, specifications defects, change orders, and environmental contamination issues, etc. These cases involved schools, commercial multi use and residential towers, hospitals, public buildings, public transportation facilities, bridges, roadways and electrical generator plants. Many of these claims involved high profile multi party disputes including the post 9/11 WTC renovations, a crane collapse and public retaining wall collapse. He also regularly represents insurance brokers/agents, real estate brokers, financial consultants, security firms and other professionals.

Legal Experience

  • Serves as lead regional counsel in multi-state product liability litigation defense programs for two major ladder and climbing products manufacturers.
  • Represents foreign-based manufacturers in product liability actions.
  • Developed and implemented national product liability claims handling and defense program for leading manufacturing company that resulted in significant reduction of claims handling expenses and litigation defense costs.
  • Coordinated with management and in-house counsel in the development of risk management policies to facilitate claim reduction and improved claim handling and litigation management protocols to reduce related legal expenses.
  • Has frequently advised and coordinated with in-house counsel on matters involving defense tenders, retail vendor agreements, insurance coverage, bankruptcy litigation issues and regulatory matters including the Consumer Product Safety Commission and Occupational Safety and Health Administration.
  • Has served as lead national coordinating insurance coverage defense counsel for major insurance company with direct responsibility for all phases of litigation including trials in multi-site environmental insurance coverage lawsuits nationwide.
  • Led alternative dispute resolution (ADR), direct settlement negotiations, legal expense management and oversight, corporate reporting and supervision of local counsel.
  • Litigation liaison to management and in-house counsel and participated closely in the formulation of corporate legal and regulatory policies and positions for consistent nationwide implementation.

Representative Cases

Mr. Pollack has, among many other cases, defended:

  • Highway Traffic engineer against claim for defective road design by seriously injured pedestrian struck by motor vehicle. Result: Summary Judgment dismissing complaint.
  • Geotechnical engineer against claim for negligent Geotechnical analysis and structural design by multiple injured victims of construction  crane collapse. Result: Summary Judgment dismissing complaint.
  • Architect of luxury condominium building against numerous claims by Board of Managers for negligent design and construction oversight. Result: Summary Judgment dismissing complaint.
  • Architect against claim for negligent elevation design resulting in violation of Flood Plain elevation standards. Result: Summary Judgment dismissing complaint.
  • MEP engineer and Architect and against several hundred WTC 911 claims. Result: Nominal settlement.
  • Architect against claim for negligent contractor termination recommendation.  Result: Summary Judgment dismissing complaint.
  • MEP engineer against claim for negligent HVAC design by plaintiff alleging respiratory ailments from airborne contaminants. Result: Nominal settlement.
  • Architect for major Las Vegas hotel against claim for patent infringement regarding hotel lighting design and fixtures. Result: Summary Judgment dismissing complaint.
  • Structural engineer against claim for negligent design and construction oversight of Bulkhead wall. Result: Nominal settlement
  • Architect against delay and design defect claims by governmental agency relating to renovation of state building. Result: Summary Judgment dismissing complaint.
  • MEP engineer against claim for negligent design of fire protection sprinkler system resulting in burst pipes and flood in hospital generator room. Result: Nominal settlement.

Admissions

New York

United States Court of Appeals, Second Circuit

United States Court of Appeals, Third Circuit

United States Court of Appeals, Fourth Circuit

United States Court of Appeals, Fifth Circuit

United States Court of Appeals, Sixth Circuit

United States District Court for the Southern District of New York

United States District Court for the Eastern District of New York

United States District Court for the Northern District of New York

United States District Court for the Western District of New York

United States District Court for the Western District of Michigan

United States Supreme Court

Associations

  • Defense Research Institute
  • New York State Bar Association
  • New York County Lawyers Association

Education

New York Law School

Juris Doctor, 1980

Johns Hopkins University

Bachelor of Science in Political Science, 1976

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