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David J. Carrier
Partner
1600 Utica Avenue South
Suite 600
St. Louis Park, MN 55416
Suite 600
St. Louis Park, MN 55416
david.carrier@nelsonmullins.com
David represents Fortune 500 companies, banks, credit unions, and small businesses in high-stakes class actions, commercial litigation matters, arbitrations, and trade secret disputes across the nation. Clients look to David to craft creative strategies to defeat lawsuits at critical stages in the pleadings, at class certification, and at summary judgment. Notably, David often develops winning...
David represents Fortune 500 companies, banks, credit unions, and small businesses in high-stakes class actions, commercial litigation matters, arbitrations, and trade secret disputes across the nation. Clients look to David to craft creative strategies to defeat lawsuits at critical stages in the pleadings, at class certification, and at summary judgment. Notably, David often develops winning solutions to limit the ability of plaintiffs to certify classes or multi-district litigation plaintiffs to seek punitive damages, thus limiting clients’ exposure in high-value cases. David is regularly retained to bring creative strategies to commercial disputes based on his experience analyzing contracts and insurance policies. He also defends clients who are investigated by state and federal governments, including under the False Claims Act.
David serves as appellate counsel after victories, successfully defending defense judgments and immediately appealable Rule 23 issues in federal circuit courts and state appellate and supreme courts. Because of this, David is often brought in to assist with complex briefing strategies and oral arguments at the trial and appellate court levels.
solutions to limit the ability of plaintiffs to certify classes or multi-district litigation plaintiffs to seek punitive damages, thus limiting clients’ exposure in high-value cases. David is regularly retained to bring creative strategies to commercial disputes based on his experience analyzing contracts and insurance policies. He also defends clients who are investigated by state and federal governments, including under the False Claims Act.
David serves as appellate counsel after victories, successfully defending defense judgments and immediately appealable Rule 23 issues in federal circuit courts and state appellate and supreme courts. Because of this, David is often brought in to assist with complex briefing strategies and oral arguments at the trial and appellate court levels.
Experience
The following is a selected sampling of matters and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future matter.
Representative Matters
- Class Actions and Multi-Plaintiff Litigation
- As lead counsel, defended the largest hair salon chain in the world against FACTA class-action claims seeking tens of millions of dollars in relief. Defeated class certification at the trial court, and successfully defended the certification decision from immediate review at the Minnesota Court of Appeals and Minnesota Supreme Court.
- Lead counsel in obtaining Rule 12 dismissal of all but one claim in product liability class action against Fortune 35 retailer concerning a company branded. Plaintiff had over one-hundred million dollars in class relief but chose not to pursue class claims after motion to dismiss order favorable to David’s client.
- Defended Fortune 300 company and successfully obtained voluntary dismissal of two product liability class action lawsuits in federal courts in Minnesota and California.
- Led the briefing team in obtaining dismissal of bellwether plaintiff’s claim on summary judgment for Fortune 300 facing dozens of consolidated product liability actions against a flagship chemical product, and for dismissing punitive damages claims for all consolidate cases.
- Conducted bellwether plaintiff depositions and led successful expert and dispositive motion briefing efforts in connection with bellwether plaintiffs in consolidated mini-MDL against Fortune 300 facing dozens of consolidated product liability actions against a flagship chemical product used in healthcare setting.
- Defended nearly a dozen banks and credit unions in successful defense and/or resolution of consumer protection class actions and individual claims arising under federal statutes such as the FCRA, FDCPA.
- Financial and Consumer Financial Services Litigation
- Defended a federally chartered credit union in an action by the Office of the Minnesota against application of the FTC Holder Rule to hold it vicariously liable for the actions of third parties.
- Litigated numerous cases applying the Minnesota Credit Agreement Statute of Frauds (Minn. Stat. 513.33) as a defense against consumer claims, and affirmatively against defenses in actions to compel application of credit agreements on behalf of loan holders.
- Government Litigation and Investigations Defense
- Defended a federally chartered credit union in an action by the Office of the Minnesota Attorney General where the state sought to hold the credit union vicariously liable for alleged wrongdoing of solar-panel sales and installation companies.
- Defended one of the largest global manufacturers in its industry against allegations of violating the False Claims Act and Minnesota False Claims Act to a successful pre-suit resolution after years of investigation and negotiation with the Department of Justice and state attorney general.
- Medical Device & Pharmaceutical Litigation
- Defended manufacturer of FDA PMA-approved Class III device and obtained dismissal of all but one claim on grounds of federal preemption.
- Represents several of the world’s largest medical device manufacturers in numerous individual actions around the country.
- Represents medical device manufacturer in consolidated litigation regarding PMA-approved Class III device.
- Trade Secrets & Non-Compete Litigation
- Obtained temporary injunction, and eventually summary judgment against former employee of a government defense manufacturer for misappropriating trade secrets.
- Obtained temporary, and then permanent injunction against former employee of sales representative company after two-day injunction hearing where David cross-examined the CEO of the former employee’s new employer.
- Defended executive-level employee of leading national radiology provider and successfully defeated motion for temporary restraining order preventing employee from being employed with client based on restrictive covenants in employment agreement.
- Defended Minnesota home health agency in claim it tortiously interfered with its new CFO’s prior contract and defeated motion for temporary restraining order.
Previous Professional Experience
- Previously a partner at an Am Law 100 law firm and served as lead counsel for national clients in class actions and mass actions in the areas of consumer and financial services, product liability, and toxic torts.
Educational Activities
- University of St. Thomas School of Law
- ABA Moot Court
- Elected Chair of the Judicial Committee
- Dean’s List
Education
-
University of St. Thomas School of Law,
JD
(2012)
- President’s Scholarship
- Regional Finalist, ABA National Appellate Advocacy Competition (2012)
- Quarterfinalist, National Evan A. Evans Constitutional Law Moot Court (2011)
- Luther College, BA (2009)
Admissions
- Minnesota
- U.S. Court of Appeals for the Eighth Circuit
- U.S. District Court for the District of Minnesota
- U.S. District Court for the Western District of New York
- U.S. District Court for the Eastern District of Wisconsin
- U.S. District Court for the Eastern District of Michigan
Practice Areas
The following is a selected sampling of matters and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future matter.
Representative Matters
- Class Actions and Multi-Plaintiff Litigation
- As lead counsel, defended the largest hair salon chain in the world against FACTA class-action claims seeking tens of millions of dollars in relief. Defeated class certification at the trial court, and successfully defended the certification decision from immediate review at the Minnesota Court of Appeals and Minnesota Supreme Court.
- Lead counsel in obtaining Rule 12 dismissal of all but one claim in product liability class action against Fortune 35 retailer concerning a company branded. Plaintiff had over one-hundred million dollars in class relief but chose not to pursue class claims after motion to dismiss order favorable to David’s client.
- Defended Fortune 300 company and successfully obtained voluntary dismissal of two product liability class action lawsuits in federal courts in Minnesota and California.
- Led the briefing team in obtaining dismissal of bellwether plaintiff’s claim on summary judgment for Fortune 300 facing dozens of consolidated product liability actions against a flagship chemical product, and for dismissing punitive damages claims for all consolidate cases.
- Conducted bellwether plaintiff depositions and led successful expert and dispositive motion briefing efforts in connection with bellwether plaintiffs in consolidated mini-MDL against Fortune 300 facing dozens of consolidated product liability actions against a flagship chemical product used in healthcare setting.
- Defended nearly a dozen banks and credit unions in successful defense and/or resolution of consumer protection class actions and individual claims arising under federal statutes such as the FCRA, FDCPA.
- Financial and Consumer Financial Services Litigation
- Defended a federally chartered credit union in an action by the Office of the Minnesota against application of the FTC Holder Rule to hold it vicariously liable for the actions of third parties.
- Litigated numerous cases applying the Minnesota Credit Agreement Statute of Frauds (Minn. Stat. 513.33) as a defense against consumer claims, and affirmatively against defenses in actions to compel application of credit agreements on behalf of loan holders.
- Government Litigation and Investigations Defense
- Defended a federally chartered credit union in an action by the Office of the Minnesota Attorney General where the state sought to hold the credit union vicariously liable for alleged wrongdoing of solar-panel sales and installation companies.
- Defended one of the largest global manufacturers in its industry against allegations of violating the False Claims Act and Minnesota False Claims Act to a successful pre-suit resolution after years of investigation and negotiation with the Department of Justice and state attorney general.
- Medical Device & Pharmaceutical Litigation
- Defended manufacturer of FDA PMA-approved Class III device and obtained dismissal of all but one claim on grounds of federal preemption.
- Represents several of the world’s largest medical device manufacturers in numerous individual actions around the country.
- Represents medical device manufacturer in consolidated litigation regarding PMA-approved Class III device.
- Trade Secrets & Non-Compete Litigation
- Obtained temporary injunction, and eventually summary judgment against former employee of a government defense manufacturer for misappropriating trade secrets.
- Obtained temporary, and then permanent injunction against former employee of sales representative company after two-day injunction hearing where David cross-examined the CEO of the former employee’s new employer.
- Defended executive-level employee of leading national radiology provider and successfully defeated motion for temporary restraining order preventing employee from being employed with client based on restrictive covenants in employment agreement.
- Defended Minnesota home health agency in claim it tortiously interfered with its new CFO’s prior contract and defeated motion for temporary restraining order.
Previous Professional Experience
- Previously a partner at an Am Law 100 law firm and served as lead counsel for national clients in class actions and mass actions in the areas of consumer and financial services, product liability, and toxic torts.
Educational Activities
- University of St. Thomas School of Law
- ABA Moot Court
- Elected Chair of the Judicial Committee
- Dean’s List
Media
Recognitions
The bar rules of some states require that the standards for an attorney's inclusion in certain public accolades or recognitions be provided. When such accolades or recognitions are listed, a hyperlink is provided that leads to a description of the respective selection methodology.
- The Best Lawyers in America® Ones to Watch, Product Liability Litigation - Defendants (2021–2025)
- Super Lawyers Magazine, Minnesota Rising Stars (2019–2022)
- Minnesota Lawyer, Up & Coming Attorney (2019)
Professional Activities
- Member, Minnesota Chapter of the Federal Bar Association
- Member, Minnesota Muslim Bar Association
- Member, Minnesota State Bar Association
- Member, Hennepin County Bar Association
Community
- Student Mentor, University of St. Thomas School of Law
David represents Fortune 500 companies, banks, credit unions, and small businesses in high-stakes class actions, commercial litigation matters, arbitrations, and trade secret disputes across the nation. Clients look to David to craft creative strategies to defeat lawsuits at critical stages in the pleadings, at class certification, and at summary judgment. Notably, David often develops winning... solutions to limit the ability of plaintiffs to certify classes or multi-district litigation plaintiffs to seek punitive damages, thus limiting clients’ exposure in high-value cases. David is regularly retained to bring creative strategies to commercial disputes based on his experience analyzing contracts and insurance policies. He also defends clients who are investigated by state and federal governments, including under the False Claims Act.
David serves as appellate counsel after victories, successfully defending defense judgments and immediately appealable Rule 23 issues in federal circuit courts and state appellate and supreme courts. Because of this, David is often brought in to assist with complex briefing strategies and oral arguments at the trial and appellate court levels.
Experience
The following is a selected sampling of matters and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future matter.Representative Matters
- Class Actions and Multi-Plaintiff Litigation
- As lead counsel, defended the largest hair salon chain in the world against FACTA class-action claims seeking tens of millions of dollars in relief. Defeated class certification at the trial court, and successfully defended the certification decision from immediate review at the Minnesota Court of Appeals and Minnesota Supreme Court.
- Lead counsel in obtaining Rule 12 dismissal of all but one claim in product liability class action against Fortune 35 retailer concerning a company branded. Plaintiff had over one-hundred million dollars in class relief but chose not to pursue class claims after motion to dismiss order favorable to David’s client.
- Defended Fortune 300 company and successfully obtained voluntary dismissal of two product liability class action lawsuits in federal courts in Minnesota and California.
- Led the briefing team in obtaining dismissal of bellwether plaintiff’s claim on summary judgment for Fortune 300 facing dozens of consolidated product liability actions against a flagship chemical product, and for dismissing punitive damages claims for all consolidate cases.
- Conducted bellwether plaintiff depositions and led successful expert and dispositive motion briefing efforts in connection with bellwether plaintiffs in consolidated mini-MDL against Fortune 300 facing dozens of consolidated product liability actions against a flagship chemical product used in healthcare setting.
- Defended nearly a dozen banks and credit unions in successful defense and/or resolution of consumer protection class actions and individual claims arising under federal statutes such as the FCRA, FDCPA.
- Financial and Consumer Financial Services Litigation
- Defended a federally chartered credit union in an action by the Office of the Minnesota against application of the FTC Holder Rule to hold it vicariously liable for the actions of third parties.
- Litigated numerous cases applying the Minnesota Credit Agreement Statute of Frauds (Minn. Stat. 513.33) as a defense against consumer claims, and affirmatively against defenses in actions to compel application of credit agreements on behalf of loan holders.
- Government Litigation and Investigations Defense
- Defended a federally chartered credit union in an action by the Office of the Minnesota Attorney General where the state sought to hold the credit union vicariously liable for alleged wrongdoing of solar-panel sales and installation companies.
- Defended one of the largest global manufacturers in its industry against allegations of violating the False Claims Act and Minnesota False Claims Act to a successful pre-suit resolution after years of investigation and negotiation with the Department of Justice and state attorney general.
- Medical Device & Pharmaceutical Litigation
- Defended manufacturer of FDA PMA-approved Class III device and obtained dismissal of all but one claim on grounds of federal preemption.
- Represents several of the world’s largest medical device manufacturers in numerous individual actions around the country.
- Represents medical device manufacturer in consolidated litigation regarding PMA-approved Class III device.
- Trade Secrets & Non-Compete Litigation
- Obtained temporary injunction, and eventually summary judgment against former employee of a government defense manufacturer for misappropriating trade secrets.
- Obtained temporary, and then permanent injunction against former employee of sales representative company after two-day injunction hearing where David cross-examined the CEO of the former employee’s new employer.
- Defended executive-level employee of leading national radiology provider and successfully defeated motion for temporary restraining order preventing employee from being employed with client based on restrictive covenants in employment agreement.
- Defended Minnesota home health agency in claim it tortiously interfered with its new CFO’s prior contract and defeated motion for temporary restraining order.
Previous Professional Experience
- Previously a partner at an Am Law 100 law firm and served as lead counsel for national clients in class actions and mass actions in the areas of consumer and financial services, product liability, and toxic torts.
Educational Activities
- University of St. Thomas School of Law
- ABA Moot Court
- Elected Chair of the Judicial Committee
- Dean’s List
Education
-
University of St. Thomas School of Law,
JD
(2012)
- President’s Scholarship
- Regional Finalist, ABA National Appellate Advocacy Competition (2012)
- Quarterfinalist, National Evan A. Evans Constitutional Law Moot Court (2011)
- Luther College, BA (2009)
Admissions
- Minnesota
- U.S. Court of Appeals for the Eighth Circuit
- U.S. District Court for the District of Minnesota
- U.S. District Court for the Western District of New York
- U.S. District Court for the Eastern District of Wisconsin
- U.S. District Court for the Eastern District of Michigan
Practice Areas
- Appellate Practice & Legal Strategies
- Class Action & Multi-Claim Litigation
- Commercial Litigation & Business Torts
- Consumer Financial Services
- Litigation
- Products Liability - Pharmaceuticals & Medical Devices
- State Attorneys General Actions
- Toxic Torts/Asbestos
- Trade Secrets & Employee Mobility
Industries
The bar rules of some states require that the standards for an attorney's inclusion in certain public accolades or recognitions be provided. When such accolades or recognitions are listed, a hyperlink is provided that leads to a description of the respective selection methodology.
- The Best Lawyers in America® Ones to Watch, Product Liability Litigation - Defendants (2021–2025)
- Super Lawyers Magazine, Minnesota Rising Stars (2019–2022)
- Minnesota Lawyer, Up & Coming Attorney (2019)
- Member, Minnesota Chapter of the Federal Bar Association
- Member, Minnesota Muslim Bar Association
- Member, Minnesota State Bar Association
- Member, Hennepin County Bar Association
- Student Mentor, University of St. Thomas School of Law
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