David E. Suchar
Partner
Chair of Construction & Real Estate Litigation Group

David Suchar is a partner and serves as chair of Maslon's Construction & Real Estate Litigation Group. His construction experience includes defect, payment, lien, and inefficiency claims as well as all manner of construction-related insurance coverage claims, negotiations, and litigation. David has developed a niche national practice representing commercial policyholders in insurance coverage disputes, including claims made on commercial general liability, professional liability, pollution, and crime policies. His recent successes include multi-million dollar recoveries for such matters in Florida, Louisiana, Washington, Virginia, and Maryland.

David's in-court experience sets him apart from the crowd. He has acted as first-chair trial counsel for a variety of bench and jury trials in courts across the country. In addition to his work on behalf of contractors, architects, engineers, and owners, David also has years of experience with licensing and royalty disputes, restructuring litigation, government investigations (civil and criminal), and various contract and commercial litigation matters.

A frequent presenter on construction and insurance coverage issues, David serves as contributing editor of The Construction Lawyer, the flagship publication of the ABA Forum on Construction Law. In addition, he has been included on the 2014-2016 Minnesota Rising Stars lists (in Business Litigation) as part of the Super Lawyers® multiphase selection process.

Before joining Maslon, David served as an Assistant U.S. Attorney at the U.S. Department of Justice. As a line federal prosecutor, he successfully represented the United States as lead counsel in hundreds of contested hearings in federal district court and oral arguments in the United States Court of Appeals. Before his Department of Justice service, David was a member of the litigation practice group at Kirkland & Ellis LLP in Chicago. In between college and law school, David served as an AmeriCorps VISTA volunteer and grant writer at Habitat for Humanity.



Selected Experience

  • Lead counsel for a Fortune 500 international engineering, architecture, and construction firm, obtaining complete summary judgment dismissal of approximately $2 million personal injury lawsuit involving allegations of design negligence. Summary judgment order was not appealed. (Minnesota State Court, Fillmore County, 2015).
  • Counsel for top national structural engineering firm for its work on the new Minnesota Vikings Stadium.
  • Counsel to a Fortune 500 engineering, construction, and fabrication company, as Plaintiff in multi-district federal lawsuits pursuing insurance coverage and bad faith claims related to a $600 million construction project. Case settled after partial summary judgment victory on key liability issue. (United States District Court, Middle District of Louisiana, 2014).
  • Counsel for disaster recovery, restoration, and remediation company securing multi-million dollar insurance recovery as a result of contested claim on CGL policy related to construction of a curtain wall at a hurricane-damaged hotel.
  • E.I. du Pont de Nemours & Co. v. Medtronic Vascular, Inc., N10C-09-058 (Delaware Superior Court, New Castle County). Obtained complete summary judgment dismissal of approximately $250 million licensing and royalty lawsuit relating to the sale of products used in coronary angioplasty procedures. Summary judgment was subsequently affirmed by the Delaware Supreme Court.
  • Farmers Cooperative Company v. Rembrandt Enterprises, Inc.
    Trial counsel for Rembrandt Enterprises, Inc., a privately held, leading agribusiness and food company in week-long bench trial in Iowa state court. Obtained complete trial victory in a breach of contract case in which plaintiff sought $7 million in damages.
  • Trial counsel for a leading automotive supply company in a week-long bench trial seeking $200 million in wage and benefit concessions from employees and retirees represented by the United Auto Workers and United Steel Workers. Following trial and just prior to the court issuing its ruling, client consensually obtained all of the labor cost reductions it sought at trial.
  • Lead trial counsel for property dispute, winning maximum statutory damages award after bench trial in D.C. Superior Court.
  • Lead counsel for the United States in numerous cases in the United States Court of Appeals for the Eleventh Circuit, including United States v. Calleja-Sabino (2009) (argued), and United States v. Moses (2010) (argued).
  • Lead trial counsel for the United States in several criminal federal trials in the United States District Court in Atlanta, Georgia.
  • Counsel for the United States in successful 34-defendant wiretap investigation and prosecution including court ruling in United States v. Rodriguez-Alejandro, 664 F. Supp. 2d 1320 (N.D. Ga. 2009) (upholding several Governmental searches and seizures as constitutional). Indictments in the case were announced at an Atlanta press conference by then-U.S. Attorney General Michael Mukasey.

Professional Activities

American Bar Association: Forum on Construction Law, Division 7 (Insurance, Surety, and Liens); The Construction Lawyer, Contributing Editor and Editorial Board Member
Federal Bar Association

PRESENTATIONS

VIEW ALL
"When it makes sense to breach a contract," Contracts in Context II, ACC Minnesota, 2017
March 7, 2017
"Getting to the Heart of the matter: How to Quickly Identify the Key Features of an Additional Insured Endorsement," 2017 Conference on Surety Bonding and Construction Risk Management, Associated General Contractors (AGC), 2017
February 1, 2017

Publications

VIEW ALL
Chapter 19 "Duties of Appointed Defense Counsel: Ethical Challenges," Building Better Construction Contracts 2016, Practising Law Institute, 2016
Note, "Anatomy of a Bad Faith Case: Litigating Multi-District, Multi-Defendant, Large Scale Cases," Insurance Law Institute, Minnesota CLE, 2015

Recognition

Recognized on Minnesota Rising Stars list as part of the Super Lawyers® selection process, 2014-2016 (Minnesota Rising Stars is a designation given to only 2.5 percent of Minnesota attorneys each year, based on a selection process that includes the recommendation of peers in the legal profession.)


p 612.672.8321   f 612.642.8321
3300 Wells Fargo Center, 90 South Seventh Street
Minneapolis, MN 55402
Bar Admissions
Minnesota, 2011
Georgia, 2008
Illinois, 2002
U.S. District Court
  • Minnesota, 2013
  • N.D. Georgia, 2008
  • C.D. Illinois, 2004
  • N.D. Illinois, 2002
  • N.D. Indiana, 2005
Education
Georgetown University Law Center
J.D., cum laude, 2002
DePaul University
B.A., with high honor, 1998
Notable

DAVID SERVES AS CONTRIBUTING EDITOR OF THE CONSTRUCTION LAWYER, THE OFFICIAL JOURNAL OF THE ABA FORUM ON CONSTRUCTION LAW, AND IS RECOGNIZED ON THE 2016 MINNESOTA RISING STARS LIST BY SUPER LAWYERS® .

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