David McCourt concentrates his practice in the area of business litigation. David has broad experience in complex commercial and financial litigation, insurance coverage, and class action defense, and has defeated class actions in the areas of securities fraud, tax, consumer fraud, the Uniform Commercial Code, the Fair Debt Collection Practices Act (FDCPA), and the Telephone Consumer Protection Act (TCPA), both before and after certification.
David has represented both plaintiffs and defendants in securities and commodities fraud claims. He has represented corporations in commercial contract and business tort litigation and has litigated close corporation, partnership and LLC member disputes, and litigation arising out of acquisitions, mergers, and asset purchases. He has represented commercial borrowers in workouts and lender liability claims, and in litigation involving complex derivative instruments. David also has experience in litigation involving shareholder derivative claims, tax, and insurance insolvency.
Last year David successfully petitioned the Missouri Supreme Court for an extraordinary writ vacating a trial court's ruling certifying a large consumer class, resulting in a landmark class action decision. He has successfully argued in the U.S. Court of Appeals.
- Successfully petitioned a state supreme court for a writ of prohibition ordering the trial court to vacate its certification of a class action of more than 5,000 plaintiffs, where the class was grossly overbroad, and where the sole named representative was not typical. On appeal the state supreme court held that consumers – more than 87% of the class – who had final judgments entered against them in deficiency actions were precluded from participation in a class, as were consumers who had their debts extinguished in bankruptcy without disclosing their claims against the defendant. The decision is likely to have a profound impact on consumer class actions in the state.
- Successfully argued an appeal in the U.S. Court of Appeals, which reversed the dismissal in district court of a claim for breach of fiduciary duty against a former registered agent for a $10-million default judgment.
- After removal to federal court, defeated an $85-million equitable garnishment action by the judgment creditor class against the judgment debtor’s insurer, through a motion for judgment on the pleadings successfully invoking the insurer’s absolute pollution policy exclusion, which ruling was affirmed in the United States Court of Appeals.
- Repeatedly defeated efforts in state trial and appellate courts to certify a class action counterclaim by debtors seeking more than $100 million for alleged violation of the pre-sale notice provisions of the Uniform Commercial Code.
- Represented plaintiff corporation in a federal lawsuit against its two registered agents arising out of a $10-million default judgment. Secured a very favorable settlement after obtaining a ruling on summary judgment invalidating defendant’s limitation of liability contractual defense.
- Defeated repeated efforts by plaintiff in state court to recertify a decertified class in a TCPA case, resulting in a reduction in potential liability of more than 99.9 percent.
- Successfully represented 35 municipalities in a telecom tax class action in federal court, defeating the class action on summary judgment.
Northwestern Pritzker School of Law, J.D., 1998, cum laude
Union College, B.A., 1976, magna cum laude
Phi Beta Kappa
U.S. Court of Appeals for the Eighth Circuit
U.S. District Court for the Northern District of Illinois
U.S. District Court for the Eastern District of Missouri
Professional MembershipsAmerican Bar Association
Chicago Bar Association
Illinois State Bar Association