David Rosenberg defends some of the nation’s largest property and casualty insurers concentrating his practice on insurance and commercial litigation.
At the outset of a case, Dave develops a litigation analysis focused on cost-effectiveness and recommends alternative dispute resolution where appropriate. His clients include property and casualty insurers and their insureds, from a variety of businesses and professions. He is a certified mediator in Pennsylvania, concentrating on subrogation, property insurance and first-party insurance disputes. He handles matters including bad faith, construction litigation, premises liability, products liability and toxic torts.
Dave was named to the faculty of the 33rd Annual (2005) International Association of Defense Counsel Trial Academy at Stanford Law School. This year, Dave was elected to the International Association of Defense Counsel Board of Directors.
Dave is an Adjunct Professor at the University of Pittsburgh School of Law where he teaches Trial Theory and Practice and assists in the coaching of the Mock Trial Team. Dave also is a certified mediator in Pennsylvania concentrating in subrogation, property insurance and first-party insurance dispute resolution matters.
He has achieved an "AV" Peer Review Rating from Martindale-Hubbell, and was named to Best Lawyers in 2015 - 2016 for Insurance Law. Dave has been recognized every year since 2010 by the publisher of the Pennsylvania edition of Super Lawyers magazine as being among the top 5 percent of practitioners in his practice specialty within the Commonwealth. Dave was included as one of 226 lawyers worldwide in Who's Who Legal: Life Science 2015/ Products Liability. He is one of only 10 Pennsylvania attorney’s listed and the only one from Pittsburgh.
David J. Rosenberg
Partner, Co-Chair, Insurance Coverage
Successfully represented the City of Hermitage in First Amendment case before the 3rd Circuit. The judges agreed with Rosenberg's argument that Mercer Outside Advertising LLC lacked standing to pursue 1st and 14th Amendments claims against the Hermitage. Mercer applied to construct billboards in Hermitage and the applications were denied. Mercer claimed, among other things, that Hermitage violated its right to free speech. Initially, the District Judge in the Western District of Pennsylvania granted Hermitage's Motion to dismiss. The District Court did not consider Hermitage's argument regarding standing, but did agree with Rosenberg's arguments on the merits of the Constitutional claims and dismissed the case. The Third Circuit, in a Non-Precedential Opinion, wrote that the case had become "extraordinarily complicated" and noted that the Circuit Court had not addressed Hermitage's lack of standing argument, instead deciding the case on the merits of the convoluted arguments raised by Mercer. The matter was remanded to the District Court to clarify its order and the action against Hermitage has now been dismissed.
Represented AIG on the seminal Pennsylvania case on Attorney-Client Privilege, arguing the case before the Pennsylvania Supreme Court. The case was recognized as the most significant civil case decided by the Court in 2011. Gillard v. AIG Insurance Co., No. 10 EAP 2010, 2011 WL 550552 (Pa. Feb. 23, 2011)
In a significant ruling affecting attorney-client relationships in the Commonwealth, the Pennsylvania Supreme Court ruled that all communications are protected. Previously, only communications from the client to the attorney were privileged. The PA Supreme Court handed down the decision in Gillard v. AIG on February 23, 2011.
A copy of the decision is available in PDF form below.
Allegheny County Court of Common Pleas judge Paul Lutty Jr. recently non-suited a lawsuit filed by Pittsburgh-area homeowners who sought damages from their neighbors and a contractor for property damage.
In the case, the plaintiffs claimed that their neighbors caused toxic mine water run off when they had excavation work done at their property. The neighbors, who were represented by partner David J. Rosenberg, lived on the high side of a street with the plaintiffs across the street. There was an abandoned mine on the hill behind the nearby property. Shortly after the the defendant homeowners purchased the home they began to experience water and mold problems. They eventually hired a contractor, who was named as a co-defendant. After the contractor performed various excavation remedies including a French drain and a diversion ditch, plaintiffs began to allege that they were having water and mold problems.
The remedial efforts did not solve the problem. Ultimately the neighbors had to abandon the home, default on the mortgage, and lose their life savings. The plaintiffs' complaints coincided with a series of major rainstorms including Hurricane Ivan, which devastated Western Pennsylvania in September 2004.
Key evidence included a videotape taken by the defendant homeowners during several storms in 2004. These videos demonstrated that water runoff was not crossing the road from their property but was coming down the road on plaintiffs’ side as a result of the heavy rain. In addition, a geotechnical engineer testified that there was no change in the quality or quantity of water as a result of the excavation work. Judge Lutty entered judgment in favor of the defendant homeowners and ruled that the contractor was not negligent.
- 01.21.14Speaker, "Trial Advocacy and How to Prepare for Mock Trial Competition," University of Pittsburgh School of Law
- 07.18.13Presenter, "Code Red: Attorney Client Privilege and Work Product Protections In The US,Canada and Europe Under Attack," ADC 2011 Annual Meeting, British Columbia
- 11.15.12Presenter, "Hot Topics in Allegheny County Discovery," Academy of Trial Lawyers
Professional & Community Involvement
Member, International Association of Defense Counsel Board of Directors
President, Foundation of the International Association of Defense Counsel (IADC)
Vice Chair, Insurance Committee of the IADC
Fellow, Academy of Trial Lawyers of Allegheny County
Mock Trial Coach, University of Pittsburgh School of Law
412.281.4541 ext. 4502