David L. Bearman

Represented a municipality and utility in a series of precedent-setting water rights lawsuits involving an interstate aquifer. Obtained dismissal in the U.S. District Court. The Fifth Circuit Court of Appeals affirmed and the Supreme Court of the United States denied certiorari. In a subsequent Original Action before the Supreme Court of the United States, the Court issued a unanimous opinion in favor of the municipality and utility.

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.