David J. Carrier

David Carrier represents Fortune 500 companies, banks, credit unions, and small businesses in high-stakes class actions, commercial litigation matters, arbitrations, and trade secret disputes across the nation. Clients look to David to craft creative strategies to defeat lawsuits at critical stages in the pleadings, at class certification and summary judgment, and at trial.

Notably, David often develops winning solutions to prevent class action plaintiffs from certifying putative classes and limiting multidistrict litigation plaintiffs from seeking punitive damages, thus limiting clients’ exposure in high-value cases. David is regularly retained to bring creative strategies to commercial disputes in FDA-related industries based on his experience in medical device and pharmaceutical litigation. He also defends clients who are investigated by state and federal governments, including under the False Claims Act and state consumer protection laws.

David serves as appellate counsel following trial victories, successfully defending defense judgments and immediately appealable Rule 23 issues in federal circuit courts and state appellate and supreme courts. Because of this, David is often brought in to assist with complex briefing strategies and oral arguments at the trial and appellate court levels.
 

​​​​Class Actions and Multi-Plaintiff Litigation

• As lead counsel, defended the largest hair salon chain in the world against Fair and Accurate Credit Transactions Act (FACTA) class action claims seeking tens of millions of dollars in relief. Defeated class certification at the trial court and successfully defended the certification decision from immediate review at the Minnesota Court of Appeals and Minnesota Supreme Court.
• Lead counsel in obtaining Rule 12 dismissal of all but one claim in product liability class action against Fortune 35 retailer concerning a company branded. The plaintiff had more than $100 million in class relief but chose not to pursue class claims after motion to dismiss order favorable to David’s client.
• Defended Fortune 300 company and successfully obtained voluntary dismissal of two product liability class action lawsuits in federal courts in Minnesota and California.
• Led the briefing team in obtaining dismissal of bellwether plaintiff’s claim on summary judgment for Fortune 300 company facing dozens of consolidated product liability actions against a flagship chemical product, and for dismissing punitive damages claims for all consolidated cases.
• Conducted bellwether plaintiff depositions and led successful expert and dispositive motion briefing efforts in connection with bellwether plaintiffs in consolidated mini-MDL against Fortune 300 company facing dozens of consolidated product liability actions against a flagship chemical product used in health care setting.
• Defended nearly a dozen banks and credit unions in successful defense and resolution of consumer protection class actions and individual claims arising under federal statutes such as the Fair Credit Reporting Act (FCRA) and the Fair Debt Collection Practices Act (FDCPA).

Financial and Consumer Financial Services Litigation

• Defended a federally chartered credit union in an action by the Minnesota Attorney General's Office against application of the Federal Trade Commission's Holder Rule to hold it vicariously liable for the actions of third parties. Litigated numerous cases applying Minnesota's credit agreement statute of frauds (Minn. Stat. § 513.33) as a defense against consumer claims, and affirmatively against defenses in actions to compel application of credit agreements on behalf of loan holders.

Government Litigation and Investigations Defense

• Defended a federally chartered credit union in an action by the Minnesota Attorney General's Office where the state sought to hold the credit union vicariously liable for alleged wrongdoing of solar panel sales and installation companies.
• Defended one of the largest global manufacturers in its industry against allegations of violating the False Claims Act and Minnesota False Claims Act to a successful presuit resolution after years of investigation and negotiation with the Department of Justice and state attorney general.

Medical Device and Pharmaceutical Litigation

• Defended manufacturer of FDA PMA-approved Class III device and obtained dismissal of all but one claim on grounds of federal preemption.
• Represents several of the world’s largest medical device manufacturers in numerous individual actions around the country.
• Represents medical device manufacturer in consolidated litigation regarding PMA-approved Class III device.

Trade Secrets and Noncompete Litigation

• Obtained temporary injunction, and eventually summary judgment, against former employee of a government defense manufacturer for misappropriating trade secrets.
• Obtained temporary, and then permanent, injunction against former employee of sales representative company after two-day injunction hearing where David cross-examined the CEO of the former employee’s new employer.
• Defended executive-level employee of leading national radiology provider and successfully defeated motion for temporary restraining order preventing employee from being employed with client based on restrictive covenants in employment agreement.
• Defended Minnesota home health agency in claim that it tortiously interfered with its new CFO’s prior contract and defeated motion for temporary restraining order.

• The Best Lawyers in America: Ones to Watch, Product Liability Litigation - Defendants (2021–2025)
• Minnesota Rising Stars, Super Lawyers Magazine (2019–2025)
• Up & Coming Attorneys, Minnesota Lawyer (2019)

• Federal Bar Association, Minnesota Chapter
• Minnesota State Bar Association
• Hennepin County Bar Association