David F. Pustilnik

Partner

David PustilnikDavid is an accomplished commercial litigator who represents both businesses and individuals in complex legal disputes across state and federal jurisdictions. His expertise spans both trial court and appellate levels, and he consistently achieves favorable outcomes for his clients.

David maintains a truly national practice. He has argued and appeared at both the trial and appellate levels throughout the country.

David has represented Fortune 500 companies across a wide spectrum of litigation on both the plaintiff and defense side. As part of his diverse skillset, David also maintains a robust employment litigation practice and frequently gets called upon by both businesses and business executives to protect their rights.

A skilled negotiator, David employs a balanced approach to facilitate favorable settlements in a substantial number of cases he oversees, ensuring the best possible results for his clients.

Prior to joining Esbrook P.C., David honed his skills as a litigation attorney at Winston & Strawn LLP, where he established himself as a rising star in the legal profession. Super Lawyers Magazine in Illinois has consistently recognized David for his exceptional contributions, cementing his reputation as a skilled and accomplished attorney. David has also consistently been recognized as an “Emerging Lawyer” by the Leading Lawyer Advisory Board.

Selected Class Action and Multidistrict Litigation
  • In re JUUL Labs, Inc,., Marketing, Sales Practices, and Products Liability Litigation (MDL No. 2913): Counsel for retailer and distributor defendants in multidistrict litigation regarding JUUL electronic cigarette vaping products.
  • Alvarez v. Nature’s Bounty, Inc.: Assisted in the defense of class action suit alleging false label claims relating to the sale of biotin supplements, and helped draft initial Rule 12 brief resulting in the defeat of Plaintiffs’ request for injunctive relief.
  • In re Big Heart Pet Brands Litigation: Assisted in the defense of class action suit alleging false label claims relating to the sale of dog food, and helped draft initial Rule 12 brief addressing 47 count Master Consolidated Complaint resulting in the defeat of Plaintiffs’ request for injunctive relief and significantly narrowing the number of claims alleged.
Selected Consumer Finance Litigation
  • First-chaired bench trial, in defense of one of the largest Banks in the United States, in the District of Massachusetts, and won a verdict in favor of Defendant where Plaintiff sought an eight figure judgment alleging claims sounding in breach of contract and fraud.
  • Fendon v. Bank of America, N.A.: Won dismissal of claim for violation of the Truth in Lending Act on issue of first impression seeking late rescission of mortgage loan. Also appeared in the appeal before the Seventh Circuit, resulting in affirmation of dismissal. (Fendon v. Bank of Am., N.A., 877 F.3d 714 (7th Cir. 2017)).
Selected Commercial Litigation Experience
  • Confidential Breach of Contract Litigation: Obtained a favorable settlement on behalf of Plaintiff subsidiary of one of the largest lawn and garden suppliers, where parties countersued each other for breach of contract stemming from a Supply and Distribution Agreement for the supply of a compound commonly used in the formulation of pesticides.
  • Confidential Breach of Indemnity Agreement Litigation: Obtained a favorable settlement on behalf of Plaintiff, who is one of the largest lawn and garden suppliers, where Defendant wrongfully refused to indemnify Plaintiff against claims made in a separate patent litigation suit where both parties were named defendants.
  • Confidential Diamond Dispute Litigation: Obtained a favorable settlement shortly before trial on behalf of Defendant who is the largest producer of branded Canadian diamonds in the world after extensive summary judgment and Daubert motion briefing related to claims filed by retailer for breach of contract, fraud, and breach of warranty.
  • Createrra, Inc. v. Midvale City: Representing developer in a breach of contract action against municipality seeking to avoid development contract. Successfully obtained reversal of summary judgment in Utah Court of Appeals.
Selected Sports Experience
  • Confidential College Basketball Matter: Won breach of contract action on behalf of prominent Division I college basketball coach against former university.
  • Confidential NFL Football Dispute: Represented former professional football player in defamation action.
  • Beacom et al. v. Northwestern University: Representing former assistant baseball coaches and Director of Operations in tort dispute against Northwestern University.
Selected Environmental and Injury Experience
  • Confidential Ethylene Oxide Injury Matter: Obtained a favorable settlement for a defendant chemical company who was sued for alleged negligent ethylene oxide exposure.
  • Confidential PFAS Insurance Matter: Counsel for chemical company in connection with insurance dispute related to PFAS contamination.
  • Lumpkins v. JUUL Labs, Inc., et al.: Counsel for retailer and distributor defendants in litigation against retailers and distributors alleging injuries caused by the use of JUUL vaping products.
Employment Litigation
  • Representing data analytics company in tortious interference action arising out of competitor’s poaching of artificial intelligence engineering team.
  • Representing motor carrier charter company in tortious interference and misappropriation of trade secrets action arising out of competitor’s poaching of employees.
  • Representing former executive in high-stakes seven figure dispute arising out of employer’s wrongful termination of executive and statutory wage claim violations.