David E. Everson

Partner

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ST. LOUIS OFFICE
7700 Forsyth Blvd., Suite 1100
St. Louis, MO 63105

Recognitions Articles/Presentations overview

David has successfully represented the firm's clients in civil and criminal trials, including antitrust, intellectual property, and fraud cases. He has been the lead counsel for clients in several cases consolidated for multidistrict litigation. In addition to business clients, he has represented the Federal Trade Commission in seeking a preliminary injunction to halt a hospital merger and the Kansas Attorney General before the Kansas Supreme Court.

Representative Experience

Lead counsel for the Federal Trade Commission in its action to enjoin Inova Hospitals acquisition of Prince William Hospital in northern Virginia. Inova abandoned the acquisition after the first hearing. FTC v. Inova
Current defense of the former CEO of the country's largest milk cooperative in a series of antitrust class actions consolidated for pretrial proceedings and trial before the United States District Court for the Eastern District of Tennessee. In re Southeastern Milk Antitrust Litigation, MDL No. 1899
Current defense of an airline in an MDL action in the Eastern District of New York against claims of fixing the price of supplements for fuel and security for air cargo. In re Air Cargo Shipping Services Antitrust Litigation, MDL No. 1775
Current defense of a major, brand-name pharmaceutical manufacturer and two generic pharmaceutical manufacturers in a case brought on behalf of direct and indirect purchasers of the drug Cipro®, as well as third-party payors, claiming anticompetitive agreements. Summary judgment was granted in the MDL litigation, and the cases are currently on appeal before the Second and Federal Circuits. In re Ciproflaxin Hydrochloride Antitrust Litigation, MDL No. 1383
Defense of a major, brand-name pharmaceutical manufacturer in a case brought on behalf of direct and indirect purchasers, as well as third-party payors, alleging anticompetitive agreements regarding the drug Cardizem CD®. Obtained summary judgment in the District Court. In re Cardizem CD Antitrust Litigation, MDL No. 1278
Defense of a major pharmaceutical company that, along with a majority of the pharmaceutical manufacturers, was sued by retail pharmacies in both federal and state courts for alleged antitrust violations in determining the price of brand name prescription drugs. In re Brand Name Prescription Drugs Antitrust Litigation, MDL No. 997
Successful representation of the NCAA in trial brought by adidas alleging antitrust conspiracy. Obtained judgment for the NCAA at trial in the District of Kansas
Successful prosecution of antitrust case on behalf of road salt contractor against world-wide producer of salt
Obtained summary judgment for chlorine repackager alleged to have fixed the prices on chlorine in Alabama

Education

University of Michigan, J.D., 1971
University of Michigan Law Review, Editor

University of Missouri-Columbia, A.B., 1966

Of Note

Dave’s antitrust experience has been extensive. In addition to litigating a range of significant cases in federal and state courts, both civil and criminal, he served as Special Counsel for Enforcement to Terry Calvani, Acting Chairman of the Federal Trade Commission.

In 1997, the University of Missouri awarded David a special award for his pro bono representation of Johnnie Lee Wilson. David obtained a pardon of Mr. Wilson’s life sentence from the governor of Missouri. In 2007, the Lawyers Association of Kansas City awarded David its Whittaker Award.

Bar Admissions

Ohio, 1971 (inactive)
Maine, 1972 (inactive)
Missouri, 1978

Professional Affiliations

American Bar Association
The Missouri Bar
Legal Aid of Western Missouri, President (1989-1991)
President of Board, Midwestern Innocence Project