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David L. Bearman

Of Counsel
Memphis
T: 901.577.8116
F: 901.577.0716
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A litigator with more than 20 years of legal experience, David Bearman represents clients across various industries in both state and federal court.

Featured Video

Mississippi v. Memphis and the State of Tennessee Appellate Win January 4, 2022

Professional Biography

David Bearman is a trusted counselor who partners with his clients to develop resolution strategies that best meet the particular needs and goals of each client.  He has earned a reputation as a creative problem solver who provides superior service.

Mr. Bearman has extensive experience handling complex litigation in state and federal courts. He has represented clients in a variety of matters including business and contract disputes, interstate water rights, the First Amendment, civil rights, torts, and consumer protection. Mr. Bearman is a strong advocate of giving back to the community and providing pro bono legal service.

  • Represented a municipality and its utility division in a series of precedent-setting water rights lawsuits involving an interstate aquifer. Obtained dismissal in the U.S. District Court, with the Fifth Circuit Court of Appeals affirming and the U.S. Supreme Court denying certiorari. In a subsequent Original Action before the U.S. Supreme Court, the Court issued a unanimous opinion in favor of the municipality and utility division.

  • Prevailed on dispositive motions defending clients in matters including:

    • putative class action against a utility company alleging violations of the Fair and Accurate Credit Transactions Act;
    • putative class action against a vehicle dealership alleging violations of the Truth in Lending Act;
    • lawsuit against an individual filed by the United States to enforce monetary penalty assessed by Commodity Futures Trading Commission;
    • wrongful death lawsuit filed by heirs of individual fatally injured while repairing a large machine at the plant; and
    • lawsuit against a national animal rights organization asserting federal civil rights claims and state law claims arising from the seizure of abused animals.

  • Obtained judgment at trial for compensatory damages and attorney fees representing business in breach of contract suit.

  • AV® Preeminent™ Peer Review Rated by Martindale-Hubbell
  • Fellow – Memphis Bar Foundation
  • Fellow – Tennessee Bar Foundation
  • Listed in The Best Lawyers in America® for Commercial Litigation and Litigation - Municipal (2013 – 2024)
  • Named the Best Lawyers® 2023, 2021, 2019, 2015 Litigation - Municipal "Lawyer of the Year" in Memphis 
  • Selected to Mid-South Super Lawyers
    • Top 50 attorneys in Memphis (2015 – 2017, 2022)
    • Top 100 attorneys in Tennessee (2015 – 2017, 2022)
    • Civil Litigation: Defense (2016 – 2023)
    • Business Litigation (2012 – 2016)
  • Member – Tennessee, Memphis and American Bar Associations
  • Member – Leo Bearman, Sr. American Inn of Court
  • Board of Directors – Memphis Bar Association (2017 – 2019)
  • Hearing Committee Member – Board of Professional Responsibility (2013 – 2019)
  • Central Region Board of Advisors – Hebrew Union College – Jewish Institute of Religion
  • Counsel – Temple Israel, Memphis, Tennessee (2002 – present)
  • Recipient:
    • Best of the Bar, Private Firm - Extra Large category, Memphis Business Journal (2019)
    • Jeffrey Manis Service Award, Temple Israel, Memphis, Tennessee (2018)
    • CEO Circle Pro Bono Impact Award, Baker, Donelson, Bearman Caldwell & Berkowitz (2015)
    • Pro Bono Impact Award, Baker, Donelson, Bearman, Caldwell & Berkowitz, Memphis (2015)
    • Mentor of the Year, Baker, Donelson, Bearman, Caldwell & Berkowitz, Memphis (2015)
    • Public Service Award, Baker, Donelson, Bearman, Caldwell & Berkowitz, Memphis Office (2014)
    • Fannie Warr Award for Service, St. Mary's Episcopal School, Memphis, Tennessee (2012)
    • Pro Bono Attorney of the Year, Baker, Donelson, Bearman, Caldwell & Berkowitz, Memphis (2010)
    • Leadership Award, Baker, Donelson, Bearman, Caldwell & Berkowitz, Memphis (2003)
  • State of Mississippi v. State of Tennessee, City of Memphis, and Memphis Light, Gas & Water Division, 142 S.Ct. 31 (2021)
  • Everett v. Memphis Light, Gas & Water Division, 2017 WL 1830165 (W.D. Tenn. April 18, 2017)
  • Sherman v. State of Tennessee, Humane Society of the United States, et al, 2017 WL 2589410 (W.D. Tenn. June 14, 2017)
  • Guardsmark (Puerto Rico) LLC v. Miramar Real Estate Management, Inc., 2010 WL 625396 (W.D. Tenn. Feb. 17, 2010)
  • Hood, ex rel. Mississippi v. City of Memphis, Tennessee and Memphis Light, Gas & Water Division, 570 F.3d 625 (5th Cir. 2009), cert. denied (U.S. 2010)
  • Hood, ex rel. Mississippi v. City of Memphis, Tennessee and Memphis Light, Gas & Water Division, 533 F. Supp. 2d 646 (N.D. Miss. 2008)
  • Hoskins v. A.O. Smith Corporation, 2001 WL 1450730 (6th Cir. Oct. 31, 2001)
  • Sherman v. State of Tennessee, Humane Society of the United States, et al, 2017 WL 2589410 (W.D. Tenn. June 14, 2017)
  • Qureshi v. Wells Fargo Bank, 2013 WL 12284669 (W.D. Tenn. Oct. 21, 2013)
  • Tennessee Municipal League v. Thompson, 958 S.W.2d 333 (Tenn. 1997)
  • "Wild Burros, Beautiful Fog, and Interstate Water: The Sixteen-Year Legal Battle to Protect Memphis's Groundwater Rights," University of Nebraska Law School (September 2023); Federal and Memphis Bar Associations (November 2023)
  • Panelist – "Jewish American Heritage Reflections," client presentation (June 2023)
  • "Interstate Groundwater Litigation – Mississippi v. Memphis, TN, Memphis Light, Gas & Water Division, and the State of Tennessee," Creighton University School of Law (April 2022 and April 2023)
  • "Interstate Groundwater Litigation – Mississippi v. Memphis, TN, Memphis Light, Gas & Water Division, and the State of Tennessee," Tennessee Environmental Network Show of the South (May 2022)
  • "The Middle Claiborne Aquifer Litigation – a History and Recent Developments," Tennessee Bar Association, Environmental Law Forum 2021 (December 2021)

Practices

Education

  • The University of Memphis, Cecil C. Humphreys School of Law, J.D., 1996, with high honors
    • Managing Editor – University of Memphis Law Review (1995 – 1996)
  • University of Minnesota, Duluth, B.A., 1982

Admissions

  • Tennessee
  • U.S. Supreme Court 
  • U.S. Court of Appeals for Sixth Circuit
  • U.S. District Court for the Western District of Tennessee 

Featured Media

44 Baker Donelson Attorneys Named to 2023 Mid-South Super Lawyers; 32 Named to Mid-South Rising Stars
Press Release / November 28, 2023
Baker Donelson Attorneys Recognized in The Best Lawyers in America® 2024 Listing
Press Release / August 17, 2023
55 Baker Donelson Attorneys Named to 2022 Mid-South Super Lawyers; 30 Named to Mid-South Rising Stars
Press Release / November 29, 2022

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Baker Donelson is a national law firm with more than 650 attorneys and public policy advisors representing more than 30 practice areas to serve a wide range of legal needs. Clients receive knowledgeable guidance from experienced, multi-disciplined industry and client service teams, all seamlessly connected across 23 offices in Alabama, Florida, Georgia, Louisiana, Maryland, Mississippi, North Carolina, South Carolina, Tennessee, Texas, Virginia, and Washington, D.C.
©2024 Baker, Donelson, Bearman, Caldwell & Berkowitz, PC

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