David Cialkowski is a partner with Zimmerman Reed, and dedicates a substantial portion of his practice to the area of complex and mass tort litigation, with a primary focus on antitrust and consumer protection litigation.
David was a member of the legal team representing the Mississippi Attorney General’s Office in Mississippi ex rel. Hood v. AU Optronics, 571 U.S. 161 (2014), an antitrust case against manufacturers of LCD displays, which presented the issue of whether an attorney general’s parens patriae case is a “mass action” under the meaning of the Class Action Fairness Act. The Supreme Court ruled unanimously in Mississippi’s favor.
David served as a member of the Plaintiffs’ Steering Committee in In re Apple iPhone 3G and 3GS “MMS” Marketing and Sales Practices Litigation, MDL 2116, a consumer protection class action in the Eastern District of Louisiana, and also served as co-lead counsel in In re Dockers Roundtrip Airfare Promotion Sales Practices Litigation, a consumer protection class action based in the Central District of California. David contributed substantially to pretrial summary judgment and class certification briefing in In re Fedex Ground Package Systems, Inc., MDL 1700, a multi-district consolidated proceeding involving 40 different state class actions challenging FedEx Grounds’ independent contractor model.
David worked extensively in the Levaquin Products Liability Litig., MDL 1943 on behalf of clients who experienced tendon ruptures and tears while on the popular Johnson & Johnson antibiotic, Levaquin, and was part of the MDL bellwether trial team in those cases. David litigated on behalf of plaintiffs in In re St. Jude Silzone Heart Valves Product Liability Litigation, MDL 1396, representing clients who had been implanted with the FDA recalled Silzone heart valve. In In re Soo Line Railroad Company Derailment of January 18, 2002 in Minot, N.D., David represented residents of Minot, North Dakota who were injured by the toxic spill caused by the derailment of a Canadian Pacific Railway train, and helped draft federal legislation clarifying the scope, and thus reducing courts’ application, of railroad preemption.
He has been recognized by his peers as a Super Lawyer in Minnesota from 2015-2019. He was recognized as a Rising Star in Minnesota from 2006-2008 and 2010-2013. David is licensed to practice and a member in good standing, for the Bars of the State of Minnesota and the State of Illinois.
Presentations and/or Publications
- Developments in Litigation Since the U.S. Supreme Court Validated Class Action Waivers in Consumer Contracts
- Supreme Court: A CAFA ‘Plaintiff’ Means, Well, a Plaintiff; Does ‘Claims…Tried Jointly’ Mean a Joint Trial of the Claims?, Class Action Litigation Report (BNA)
- “Class Action Bill Would Burden Minnesota Courts”, Minnesota Lawyer Professional
Professional Memberships
- Minnesota State Bar Association
- Hennepin County Bar Association
- American Bar Association
Recognition
- Super Lawyers Honoree 2015-2019
- Rising Star 2006-2008, 2010-2013
- Best Lawyers in America (Mass Tort Litigation / Class Actions) 2019
In The News
- Law360, “LG, Best Buy Can’t Duck Misleading TV Advertising Action“
- MinnPost, “Does Minnesota’s unclaimed property program safeguard abandoned assets — or seize them illegally?“
- Law360, “Vizio Smart TV MDL Should Go To Ark. Or Ind., JPML Told“
- Pioneer Press, “Lawsuit challenging Minnesota’s property seizures gets green light“
- Law360, “Target Pays $39M To Settle Card Issuers’ Data Breach Claims“
- Law360, “Wells Fargo To Pay $62M To Exit Investor Class Action“
- Fox, “H&R Block Taxpayer Glitch Leads to Lawsuits“
- MarketWatch, “H&R Block tax-return error sparks lawsuits“
- Law360, “Arbitration Antitrust MDL Plaintiffs Want Deal Approved“
Education
- J.D., University of Illinois College of Law
- B.A., University of Illinois College of Liberal Arts and Sciences