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David L. Bearman

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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.

Professional Biography

Overview

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.

Representative Matters
  • 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. The matter has been refiled and is currently pending in the U.S. Supreme Court.

  • 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.

  • Represented clients in numerous mediations involving a wide variety of matters.
Professional Honors & Activities
  • AV® Preeminent™ Peer Review Rated by Martindale-Hubbell
  • The Best Lawyers in America® – Commercial Litigation and Litigation – Municipal (2013 – 2020)
  • Listed in Mid-South Super Lawyers
    • Top 50 attorneys in Memphis (2015 – 2017)
    • Top 100 attorneys in Tennessee (2015 – 2017)
    • Civil Litigation: Defense (2016 – 2019)
    • Business Litigation (2012 – 2016)
  • Best Lawyers – "Lawyer of the Year" for Litigation – Municipal, Memphis (2015 and 2019)
  • Member – Tennessee, Memphis and American Bar Associations
  • Board of Directors – Memphis Bar Association 
  • Hearing Committee Member – Board of Professional Responsibility (2013 – 2019)
  • Central Region Board of Overseers – Hebrew Union College – Jewish Institute of Religion
  • Counsel and Officer – 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)
Representative Opinions
  • 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)
Publications
Speaking Engagements

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 

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