J. David Brittingham

Biography

David is co-chair of the firm's Tort Practice Group.  He is a trial attorney with the ability to see the big picture, enabling him to handle a variety of product liability, mass tort, toxic tort, health care and commercial matters for clients. His legal counsel has broadly guided manufacturers of food flavorings, food supplements, pharmaceuticals, chemicals, chemical packaging, manufactured housing, bicycles and recreational equipment, as well as healthcare providers and hospitals. He has extensive litigation experience in both state and federal courts, including the management, discovery, resolution and trial of individual and multi-party suits, mass tort claims, class actions and multi-district litigation.

He has represented a variety of clients in product liability cases, including an international manufacturer of food flavorings in multi-plaintiff cases involving the coordination of hundreds of claims in eight states, as well as multiple jury trials to verdict. His experience in multi-district litigation further includes the representation of a diet drug distributor, resulting in a complete dismissal of the statewide claims. Understanding such cases requires a high level of coordination with other counsel and plaintiffs. David is adept at crafting strategies that incorporate his clients’ goals into the overall picture, relying on a detailed, communication-oriented approach to find an efficient resolution. He has handled product liability and toxic tort cases in both state and federal courts, and is experienced with arbitration and mediation as alternative means for resolving disputes. David places a premium on learning his client’s operations and processes, enabling him to tailor an approach that meets each client’s unique objectives.

David is also counsel to one of the top two nationally and internationally recognized children’s hospitals in the U.S., defending its physicians and others against claims of professional negligence, and advising it on a broad range of risk and liability matters. He serves as lead trial counsel in state and federal courts, including trial courts, appellate courts, juvenile court and probate court, handling and advising on all matters related to claims of professional negligence, liability, risk, and insurance. Such matters include complex claims related to individuals, class actions and multi-plaintiff claims, including claims made under the Federal False Claims Act. David’s ability to offer precise and focused legal insight to in-house counsel, while maintaining a big-picture outlook, affords his clients the benefit of both short and long-term perspectives on mitigating risk and reaching resolutions, as well as preparation for trial.

Education

  • Northern Kentucky University, Chase College of Law  (J.D., cum laude, 1993)
  • University of Mississippi  (B.F.A., 1988)

Bar Admissions

  • Ohio
  • Kentucky
  • Missouri

Court Admissions

  • U.S. Supreme Court
  • U.S. Court of Appeals for the Sixth Circuit
  • U.S. District Court for the Southern District of Ohio
  • U.S. District Court for the Northern District of Ohio
  • U.S. District Court for the Eastern District of Kentucky
  • U.S. District Court for the Western District of Kentucky

Affiliations/Memberships

  • Cincinnati Bar Association
  • Ohio State Bar Association
  • Kentucky Bar Association
  • Missouri Bar Association
  • Defense Research Institute 

Distinctions

  • Best Lawyers®
    • ​​​​​​"Lawyer of the Year" in Cincinnati for Product Liability Litigation-Defendants (2018)
    • "Lawyer of the Year" in Cincinnati for Mass Tort Litigation / Class Actions - Defendants (2024)
    • Mass Tort Litigation / Class Actions – Defendants; Product Liability Litigation - Defendants (2006-present)
  • Ohio Super Lawyers® 
    • For Civil Litigation: Defense (2018-present)
  • Ohio Rising Star®
  • Peer Review Rated AV in Martindale-Hubbell