David F. Russey

Bar/Court Admissions
  • Pennsylvania
  • U.S. Court of Appeals for the 3rd and 6th Circuits
  • U.S. District Court for the Eastern District of Michigan
  • U.S. District Court for the Western District of Pennsylvania
  • J.D., University of Virginia School of Law, 1999
  • B.A., with Honors, International Relations, Johns Hopkins University, 1994
  • Graduate Diploma in International Studies, Bologna Center of the Johns Hopkins University Paul H. Nitze School of Advanced International Studies, Bologna, Italy, 1993

David has 18 years of experience representing clients in commercial litigation and insurance coverage matters. David joined Cohen & Grigsby in 2004 and was promoted to Director in 2007.

Areas of Concentration

  • Insurance Coverage
  • General Commercial Litigation
  • Class Action Defense
  • Appellate Litigation

Representative Cases

Insurance Coverage Litigation

  • Represented policyholder in litigation and three week jury trial arising from collapse of bulk material handling equipment at port in West Africa seeking indemnity for first-party property loss and business interruption losses
  • Represented policyholder in environmental insurance coverage litigation involving sites located in Indiana and North Carolina and negotiated settlements with five insurance companies
  • Represented policyholders in claims against the estates of insolvent insurance companies in New Jersey and Illinois, leading to allowed claims in excess of $25 million

Commercial Litigation

  • As lead counsel for IT staffing company, obtained favorable jury verdict for client on breach of contract, breach of fiduciary duty and conversion claims against former employee
  • Represented manufacturing company in multimillion-dollar Lanham Act and state law unfair competition action against competitor, establishing that presumptions may be used to satisfy the Lanham Act’s causation requirement. (Robroy Indus. – Texas, LLC v. Thomas & Betts Corp., No. 15-CV-512, No. 2:16-CV-198, 2017 WL 1370545 (E.D. Tex., Apr. 10, 2017))
  • Represented directors and officers in suits filed in Pennsylvania, New York and Delaware alleging breaches of fiduciary duty and breaches of the duty of loyalty
  • Obtained dismissal on grounds of forum non conveniens of suit against Israeli businessman asserting claims under RICO and various business torts. (Kisano Trade & Invest. Ltd. v. Lemster, 737 F.3d 869 (3d Cir. 2013))
  • Obtained summary judgment for client against claims arising from alleged promise to purchase metals recycling plant located in Mexico. (Aceros Recicilables de Mexico, S.A. de C.V. v. ELG Metals Corp., No. 02-1935, 2006 WL 1429581 (W.D. Pa. Mar. 14, 2006))
  • Obtained summary judgment for minority members of LLC against managing member in action for valuation of and payment for interests
  • Defended client in arbitration hearing claiming that client had improperly rejected nonconforming goods
  • Represented client in suit against manufacturer of scrap baling machine claiming that machine did not function properly and/or was not suited for its intended purpose
  • Represented bank in bench trial in action based on personal guarantees of corporation’s installment payment obligations under promissory note (Property Acceptance Corp. v. Zitin, No. 04-3920, 2007 WL 2343869 (E.D. Pa. Aug. 15, 2007))
  • Defended health care system in fourteen day, three-judge arbitration regarding rescission of hospital merger agreement and claims for breach of contract seeking $75 million
  • Defended health care system in antitrust challenge to its acquisition of specialty hospital
  • Represented Mayor of Harrisburg in appeal overturning Commonwealth Court order granting summary judgment. Pennsylvania Supreme Court found that Educational Empowerment Act permitted mayors of medium-sized cities to assume control of failing school districts and was not special legislation. (Harrisburg Sch. Dist. v. Zogby, 828 A.2d 1079 (Pa. 2003))

Class Action Defense

  • Defended motor vehicle insurer in Pennsylvania state court action claiming that rejection form violated MVFRL, and therefore, class members were entitled to coverage as if no rejection form had been signed
  • Defended motor vehicle insurer in Pennsylvania state court action claiming that household exclusion violated MVFRL and, therefore, class members were entitled to inter-policy stacking
  • Defended motor vehicle insurer in Pennsylvania state court action claiming that, where coverage lapsed for a short period of time due to nonpayment of premiums, insured class members were entitled to stacking benefit if insurer did not obtain new stacking rejection form prior to accident
  • Defended motor vehicle insurer against claims that it breached its contract and acted in bad faith when it removed an arbitration provision from its policy and defeated attempt to amend complaint to add class action claims. (Graham v. Progressive Direct Ins. Co., No. 09-969, 2010 WL 3636192 (W.D. Pa. September 15, 2010))

On July 22, 2009, David gave a C&G Academy presentation titled: “The Nuts and Bolts of Settlement Agreements/ Releases.”

David co-presented the 2005 Cohen & Grigsby seminar, “Lessons Learned from Ivan, Katrina and Rita: Insurance Coverage Issues for Business.”

David co-chaired the Members Services Committee of the Allegheny County Bar Association Young Lawyers Division from 2004-2005, and participated in the Bar Leadership Initiative of the ACBA Young Lawyers Division in 2003.

  • Trustee, Kentucky Avenue School 2016 – Present