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David J. Walz

David J. Walz

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Overview

Dave Walz handles all aspects of product liability and general tort matters in state and federal court. He has extensive experience in pharmaceutical and medical device cases, including the defense of individual and mass tort actions involving prescription and over the counter products. In addition, he represents carriers and other parties in aviation-related cases, including arguments on preemption and claims made by airline passengers. Dave also practices in the defense of personal injury matters ranging from asbestos to premises liability.

Dave has handled the written and oral arguments for numerous summary judgments. The arguments cover subjects such as preemption, the learned intermediary doctrine, innovator and generic liability, warranty claims, consumer fraud, and pre-injury releases. He has also represented many clients throughout all phases of pretrial and post-trial litigation, including a wide range of product manufacturers and other clients. He is frequently quoted in legal publications on the issues of medical device preemption and drug and device law. Dave has also written and published repeatedly in the areas of removal to federal court, fraudulent joinder, Riegel preemption of PMA devices, vaccine litigation, fraud in mass torts, and the Third Restatement.

Experience

  • Shuker v. Smith & Nephew, PLC, No. 16-3785, ___ F.3d ____, 2018 WL 1096185 (3d Cir. Mar. 1, 2018). In a case of first impression, the federal Third Circuit Court of Appeals held that the plaintiff's negligence, strict liability, and breach of implied warranty claims against our client, a medical-device manufacturer, were expressly preempted under the Medical Device Amendments of 1976 to the Federal Food, Drug, and Cosmetic Act. The plaintiff's claims involved a hip-replacement system that consisted of a number of component parts subject to different categories of federal regulation.
  • Grubbs v. DePuy Synthes, No. 8:15-cv-00443-T-27TGW, 2016 WL 360610 (M.D. Fla. Jan. 19, 2016) (granting summary judgment because the plaintiff failed to allege the violation of any federal requirement in the PMA device components that he received).
  • Marshick v. Johnson & Johnson, No. 5:14-cv-498-Oc-22PRL, 2015 WL 9266955 (M.D. Fla. Dec. 11, 2015) (granting summary judgment when the plaintiff lacked expert proof of general and specific causation). 
  • Teva Pharm. Indus. v. Ruiz, No. 2D14-4462, 2015 WL 6087198 (Fla. 2d DCA Oct. 16, 2015) (reversing denial of motion to dismiss for lack of personal jurisdiction where general jurisdiction was lacking and the plaintiff failed to establish specific jurisdiction and sufficient minimum contacts to satisfy due process). 
  • Marmol v. St. Jude Med. Ctr., No. 8:15-cv-1276-T-30TGW, 2015 WL 5664890 (M.D. Fla. Sept. 24, 2015) (dismissing claims against PMA medical device under implied preemption and lack of a remedy to enforce FDA regulations or requirements).
  • Ocasio v. C. R. Bard, Inc., No. 8:13-cv-1962-T-36AEP, 2015 WL 3496062 (M.D. Fla. June 3, 2015) (granting summary judgment on warnings claim for lack of an expert on inadequacy and rejecting any inference of a manufacturing defect).
  • Brown v. DePuy Orthopaedics, Inc., 978 F. Supp. 2d 1266 (M.D. Fla. 2013) (granting summary judgment under Riegel preemption and Wolicki-Gables for lack of a parallel claim and no nexus between FDA warning letter and alleged injury).
  • Kaiser v. DePuy Spine, Inc., 944 F. Supp. 2d 1187 (M.D. Fla. 2013) (dismissing claims with prejudice, before discovery, under Riegel preemption and Wolicki-Gables for failing to specify a parallel claim or allege noncompliance with a formal performance standard established by the FDA).
  • Layton v. SmithKline Beecham Corp., No. 05-CA-007440, 2012 WL 4983778 (Fla. Cir. Ct. 13th Jud. Cir. Oct. 16, 2012) (an evidentiary hearing is not required to determine entitlement to attorneys’ fees and costs based upon a proposal for settlement).
  • Scipione v. Advance Stores Co., No. 8:12-cv-687-T-24-AEP, 2012 WL 3105199 (M.D. Fla. July 31, 2012) (denying remand because attempted joinder of non-diverse defendant store manager was fraudulent when store manager was neither personally liable nor liable in his individual capacity).
  • Cramer v. Ford Motor Co., No. 2007-CA-2135-NC, 2011 WL 2477232 (Fla. Cir. Ct. 12th Jud. Cir. June 9, 2011) (granting summary judgment against FDUTPA claim because plaintiff lacked expert proof of the alleged design defect), aff’d per curiam, No. 2D-11-3402, 2012 WL 1537784 (Fla. 2d DCA May 2, 2012).
  • Wolicki-Gables v. Arrow Int’l, Inc., 634 F.3d 1296 (11th Cir. 2011) (affirming summary judgment under Riegel preemption and affirming that inference of defect did not apply).
  • Chapman v. DePuy Orthopaedics, Inc., 760 F. Supp. 2d 1310 (M.D. Fla. 2011) (granting summary judgment for medical-device manufacturer based upon choice-of-law analysis and application of Virginia’s statute of limitations).
  • Bechtelheimer v. Cont’l Airlines, Inc., No. 8:10-cv-2114-T-33TGW, 2010 WL 5140829 (M.D. Fla. Dec. 13, 2010) (defendant properly removed upon receiving plaintiff’s interrogatory responses, did not waive removal in state court, and prospective joinder of non-diverse defendant did not defeat removal).
  • Gomez v. Pfizer, Inc., No. 09-22700-CIV, 2010 WL 4102922 (S.D. Fla. Oct. 18, 2010) (plaintiff alleging failure-to-warn claims regarding an over-the-counter product must respond to discovery and provide the specific warnings language that allegedly should have accompanied the product).
  • Cramer v. Ford Motor Co., No. 2007-CA-2135-NC, 2010 WL 3337647 (Fla. Cir. Ct. 12th Jud. Cir. Aug. 25, 2010) (granting partial summary judgment against claims for express warranty and injunctive relief under the Magnuson Moss Warranty Act), aff’d per curiam, No. 2D-11-3402, 2012 WL 1537784 (Fla. 2d DCA May 2, 2012).
  • Howe v. Wyeth Inc., No. 8:09-CV-610-T-17AEP, 2010 WL 1708857 (M.D. Fla. Apr. 26, 2010) (granting summary judgment for name-brand manufacturers when plaintiff used only generic product).
  • Levine v. Wyeth Inc., 684 F. Supp. 2d 1338 (M.D. Fla. 2010) (granting summary judgment for name-brand manufacturers when plaintiff used only generic product).
  • Doriand v. Centocor Inc., No. 1:09-cv-00078-MP-AK, 2010 WL 325742 (N.D. Fla. Jan. 26, 2010) (rejecting plaintiff’s attempt to add a “sharing” provision to a protective order).
  • Gomez v. Pfizer, Inc., 675 F. Supp. 2d 1159 (S.D. Fla. 2009) (granting motion to dismiss claims of negligence and strict liability under Iqbal and Twombly).
  • Dietrich v. Wyeth, Inc., No. 50-2009-CA-021586 XXX MB, 2009 WL 4924722 (Fla. Cir. Ct. 15th Jud. Cir. Dec. 21, 2009) (granting summary judgment for name-brand manufacturers when plaintiff used only generic product).
  • Devore v. Howmedica Osteonics Corp., 658 F. Supp. 2d 1372 (M.D. Fla. 2009) (defendant properly removed based upon plaintiff’s discovery responses and fraudulent joinder of alleged product distributor).
  • Lake v. Tenneco, Inc., No. 8:06-cv-1462-T-24 TBM, 2009 WL 2870503 (M.D. Fla. Sept. 3, 2009) (evidence that no industry practice, standard, or government regulation required a warning is admissible).
  • Wolicki-Gables v. Arrow Int’l, Inc., 641 F. Supp. 2d 1270 (M.D. Fla. 2009) (granting summary judgment under Riegel preemption, learned-intermediary doctrine, and failure to present expert proof). 
  • Lake v. Tenneco, Inc., No. 8:06-cv-1462-T-24 TBM, 2009 WL 2914234 (M.D. Fla. June 26, 2009) (expert’s cited sources must support his conclusions and opinions).
  • Brisson v. Ford Motor Co., 602 F. Supp. 2d 1227 (M.D. Fla. 2009) (dismissing claims for breach of express and implied warranties), aff’d in part, 349 Fed. Appx. 433 (11th Cir. 2009) (affirming dismissal but reversing for leave to amend).
  • Dame v. Prudential Ins. Cos., No. 6:08-cv-1896-Orl-28GJK, 2009 WL 248228 (M.D. Fla. Jan. 30, 2009) (defendant properly removed upon receipt of discovery responses confirming plaintiff’s citizenship).
  • Colville v. Pharmacia & Upjohn Co., 565 F. Supp. 2d 1314 (N.D. Fla. 2008) (granting summary judgment under learned-intermediary doctrine, adequacy of warning, and failure to show actionable injury).
  • Wolicki-Gables v. Arrow Int’l, Inc., No. 8:08-CV-151-T-17MSS, 2008 WL 2773721 (M.D. Fla. June 17, 2008) (granting motion to dismiss claims of strict liability and negligence under Twombly).
  • Millstein v. WCI Communities, Inc., No. 05-6124, 2006 WL 4667652 (Fla. Cir. Ct. 13th Jud. Cir. Nov. 20, 2006) (granting summary judgment against premises-liability claims based upon pre-suit general release and waiver of liability).
  • Chase v. Novartis Pharm. Corp., No. 8:04-cv-885-T-26TBM, 2006 WL 6627827 (M.D. Fla. Sept. 29, 2006) (granting summary judgment under learned-intermediary doctrine).
  • Sharp v. Leichus, No. 2004-CA-0643, 2006 WL 515532 (Fla. Cir. Ct. 2d Jud. Cir. Feb. 17, 2006) (granting summary judgment for name-brand manufacturers when plaintiff used only generic product), aff’d per curiam, 952 So. 2d 555 (Fla. 1st DCA 2007).

Recognition

  • Selected for inclusion in Florida Super Lawyers Rising Stars (2013)

Professional & Community Involvement

  • Defense Research Institute 
    • DRI Drug and Medical Device Committee, Steering Committee Member
    • DRI Product Liability Committee
    • DRI Trial Tactics Committee
    • DRI Young Lawyers Committee
  • American Bar Association
    • Section of Litigation
      • Mass Torts Litigation Committee 
      • Pretrial Practice and Discovery Committee
      • Products Liability Committee  
    • Tort Trial and Insurance Practice Section 
    • ABA Task Group on the Ashcroft v. Iqbal  Decision, 11th Circuit Representative
  • The Florida Bar
  • Florida Defense Lawyers Association
  • Federal Bar Association
  • Hillsborough County Bar Association
    • Trial Lawyers Section

Credentials

Education
  • Stetson University College of Law (J.D., magna cum laude, 2003)
    • Highest Grades in Graduating Class (July 2003)
  • University of Florida (B.A., with honors, 2000)
Bar Admissions
  • Florida
Court Admissions
  • U.S. Court of Appeals, Eleventh Circuit
  • U.S. District Court, Middle District of Florida
  • U.S. District Court, Northern District of Florida
  • U.S. District Court, Southern District of Florida
  • Florida State Courts

Background

  • Federal Judicial Intern to The Honorable Elizabeth A. Kovachevich, United States District Court, Middle District of Florida (Summer 2003)
  • Supreme Court Extern to The Honorable Barbara J. Pariente, Supreme Court of Florida 
    (Fall 2002)
  • Federal Judicial Intern to The Honorable Susan C. Bucklew, United States District Court, Middle District of Florida (Spring 2002)

Disclaimer

The information on this website is presented as a service for our clients and Internet users and is not intended to be legal advice, nor should you consider it as such. Although we welcome your inquiries, please keep in mind that merely contacting us will not establish an attorney-client relationship between us. Consequently, you should not convey any confidential information to us until a formal attorney-client relationship has been established. Please remember that electronic correspondence on the internet is not secure and that you should not include sensitive or confidential information in messages. With that in mind, we look forward to hearing from you.