For 22 consecutive years, David Cohen has furnished trial teams with scientific and medical defense resources, formulated science defense strategies, and cross-examined more than 100 treating physicians and expert witnesses at depositions and evidentiary hearings in complex litigation and mass tort product liability litigation.

Biography – View PDF Bio

Associations

Bar Admissions

  • New York, 1986
  • U.S. District Courts
    • New York: Eastern, Southern
  • U.S. Court of Appeals
    • 2nd Circuit
    • 3rd Circuit
  • U.S. Supreme Court

Distinctions

  • The Legal 500 U.S., 2013, 2015
  • Best Lawyers in America®
    • Product Liability Litigation – Defendants, 2013-2019
  • Super Lawyers®
    • New York Metro Lawyers – 2006-2012, 2016

Education & Honors

  • Fordham University, J.D., 1986
  • Union College, B.A., History, magna cum laude, 1983
    • Phi Beta Kappa
  • London School of Economics and Political Science, 1981

Experience

  • Judicial Clerkship
  • Law Clerk to Honorable D. Brook Bartlett, Western District of Missouri, Kansas City, 1986-1988  
  • Daubert/Frye Hearings and Arguments
  • Terry v. McNeil-PPC, Inc., McNeil Consumer Healthcare and Johnson & Johnson, Inc., Hon. L. Stengel, Eastern District of Pennsylvania (Oral argument on Daubert motion challenging the admissibility of plaintiff expert opinion testimony based upon data in the Acute Liver Failure Study Group registry).   
  • Terry v. McNeil-PPC, Inc., McNeil Consumer Healthcare and Johnson & Johnson, Inc., Hon. L. Stengel, Eastern District of Pennsylvania (Oral argument on Daubert motions challenging the admissibility of plaintiff hepatologists opinion testimony on general causation). 
  • Jackson v. McNeil-PPC, Inc., McNeil Consumer Healthcare and Johnson & Johnson, Inc., Hon. N. Johnson, Superior Court of New Jersey, Atlantic County (Oral argument at Kemp hearing in support of defendants’ Kemp motion challenging admissibility of plaintiff hepatologist opinion testimony on general causation).
  • Lyles v. McNeil-PPC, Inc., McNeil Consumer Healthcare and Johnson & Johnson, Inc., Hon. N. Johnson, Superior Court of New Jersey, Atlantic County (Oral argument opposing plaintiff Kemp motion challenging admissibility of hepatologist opinion testimony).
  • Baxter v. Lincoln Electric Co., Hon. J. Zouhary, U.S.D.C., Cleveland (Daubert motion to exclude treating neurologist testimony in welding fume litigation).
  • Street v. Lincoln Electric Co., Hon. K. O’Malley, U.S.D.C., Cleveland (Daubert motion to exclude plaintiff movement disorder neurologist testimony in welding fume litigation). 
  • More...

Papers, Presentations, & Publications

  • ​Author, “The Science of Storytelling in the Storytelling of Science,” Pro Te: Solutio, Winter 2017.
  • Co-Chair, "How to Avoid Getting Sliced by Cutting-Edge Developments in Expert Witness Challenges," Daubert Practice 2013, Practising Law Institute, New York, September 2013.
  • Panelist, "Case Study of Welding Fume Litigation: Getting the Best Result at Trial By Working with CoDefendants," ACI’s 4th National Forum on Chemical Products Liability and Environmental Litigation, Chicago, April 2013.
  • Faculty Member, "Expert Witnesses at Trial," Practising Law Institute, New York, January 2011, January 2012, & June 2013.
  • Author, "Battle Of The ‘Experts’: Daubert And Milward," Product Liability Law360 and Appellate Law360, January 2012.
  • Faculty Member, "Out of the Fryeing Pan, Into the Hearing," State of New York Unified Court System Judicial Seminar, New York, July 2002 (Invitation from the Honorable Alan D. Oshrin, J.S.C.).
  • Panelist, "Litigating Kumho Tire, Daubert, and Frye in State and Federal Courts," New York State Bar Association Seminar, New York, April 2002.
  • Lecturer in Residence, "Daubert and Mass Tort Litigation," Valparaiso University School of Law, Valparaiso, Indiana, March 2002.
  • Session Chairperson and Speaker, "Scientific Evidence in the Courtroom: A Strategic Overview for Pharmaceutical Professionals," 37th Annual Meeting, Drug Information Association, Denver, July 2001.
  • More...