David A. Rammelt
  Partner, Chicago
   
     
  Practice Areas:
Intellectual Property and Technology
Products Liability
Litigation
- Class Actions
 
     
 
  News  
  Events  
  Client Advisories  
Phone: (312) 857-7077 Fax: (312) 857-7095
Email: drammelt@kelleydrye.com
vCard: 
 
David Rammelt is a partner in the firm's Chicago office. He focuses his practice on complex commercial litigation in three principal areas: products liability litigation; trademark and Internet technology litigation; and business litigation, including shareholder disputes, unfair competition and trade secret claims, contract disputes, and warranty class actions.

In December 2008, Mr. Rammelt and his team were named national litigation counsel for Brunswick Corporation and all of its operating companies – including Life Fitness; Mercury Marine, Sea Ray, Lund, Boston Whaler, Triton, Crestliner, Trophy, Bayliner and Maxim boats; Hatteras Yachts; and almost a dozen other boat companies – in all domestic warranty and products liability cases. In this capacity, Mr. Rammelt and his team supervise and/or serve as lead trial counsel in hundreds of cases representing the largest contingent of marine engine and boat manufacturers in the world. Previously, Mr. Rammelt has served as national or coordinating litigation counsel for four different manufacturing clients.

Mr. Rammelt has handled a variety of products liability matters involving catastrophic injuries or death, defending the design and/or manufacture of automobiles and automobile components, boats, trucks, cranes, exercise equipment, bicycles and other recreational equipment, marine motors, industrial saws, and prescription drugs. He has counseled clients with respect to warranty issues, as well as recall and/or reporting obligations under the Consumer Product Safety Act and the requirements of the Consumer Product Safety Commission and international safety organizations.

Mr. Rammelt also has significant experience representing multinational corporations in connection with the use of trademarks and technology, particularly in the area of Internet commerce, including the defense and prosecution of trademark infringement disputes involving search engines, domain names, meta tags, hyperlinking and advertising disparagement. He has obtained permanent injunctions for trademark infringement and dilution, including awards of attorneys' fees.

In addition, Mr. Rammelt regularly represents clients in connection with a variety of complex commercial disputes, most recently consumer class action litigation, advertising, breach of contract, trade secret theft and executive compensations claims.

Mr. Rammelt has appeared in and/or tried cases in state and federal courts throughout the United States, including California, Connecticut, Florida, Illinois, Indiana, Kentucky, Louisiana, Massachusetts, Maine, Michigan, Missouri, Ohio, Oklahoma, Pennsylvania, Nebraska, New Jersey, New York, North Dakota, Texas, Virginia, West Virginia and Wyoming, among others. He also has advised clients with respect to matters pending in the Bahamas, Taiwan, China, Great Britain and Turkey, with significant experience taking and defending depositions in Hong Kong and London.

Mr. Rammelt has been quoted, or lawsuits in which he has appeared as lead trial counsel have been featured, in numerous press articles, including stories in USA Today, The Wall Street Journal, The New York Times, The Washington Post, The National Law Journal, The Chicago Sun-Times, Crain's Chicago Business, Advertising Age, The Los Angeles Times, The Financial Times, IP Law & Business, Patent, Trademark & Copyright Journal and The IP Law Bulletin. Mr. Rammelt has appeared on CNBC and Celebrity Justice, and has been quoted or appeared in several books that discuss cases he has handled.
 
Representative Experience:
Josephine Quarta v. LifeFitness, a division of Brunswick Corporation
Represented Brunswick Corporation in a multimillion-dollar products liability case in which Mr. Rammelt and his team secured a complete defense jury verdict after a two-week trial in Cook County, Ill., in a case challenging the design and manufacturing of 125,000 treadmills. Mr. Rammelt barred one of plaintiff's experts, a former chairman of the Consumer Products Safety Commission. The case was not appealed.

American Blind & Wallpaper Factory, Inc. v. Google, Inc.
Represented American Blind & Wallpaper Factory in a trademark infringement case against Google. Defeated Google's motions to dismiss and for summary judgment and the case settled shortly before trial. This case was heralded as one of the "Cases to Watch in 2007" by IP Law & Business.

Neutral Tandem, Inc. v. Peerless Network, Inc.
Representing defendant Peerless Network in a patent infringement case. Defeated plaintiff's attempt to have his client's antitrust counterclaims brought under the Sherman Act dismissed or stayed.

Represented JP Morgan Chase in a case alleging breach of fiduciary duty by director of a closely-held technology company.

Handled more than 50 cases, trying three to defense verdicts, involving accidents allegedly caused by defective automobile, truck or crane designs, including:
  • A multi-fatality accident in Chicago in which it was alleged that the deaths resulted from a defectively designed side-saddle fuel tank.
  • A single-vehicle rollover accident in Los Angeles in which it was alleged that plaintiff's spastic quadriplegia resulted from defective roof design and rollover propensity.
  • A case in which it was alleged that defective seatbelt design caused the death of a three-year-old boy in a multi-vehicle accident.
  • A case in which a firefighter was burned to death as a result of a defective fuel system and seatbelt design.
Handled disputes involving the sale and/or development of commercial real estate.

Defeated attempts by disgruntled shareholders in lawsuits to obtain temporary and permanent injunctions for alleged waste or breach of fiduciary duty.

Secured temporary restraining orders in cases involving the alleged theft of clients' intellectual property and/or trade secrets.

Obtained dismissal of $2 billion Sherman Act antitrust claims, which was affirmed on appeal.

Handled more than a dozen cases involving allegations of untrue, deceptive or misleading advertising under the FTC Act.
 
Memberships and Associations:
Indiana University Maurer School of Law – Bloomington, Alumni Board (2002-2008), Intellectual Property Advisory Board
 
Client Advisories:

"Consumer Product Safety Commission Reporting FAQs," March 02, 2009

 
Bar Admissions:
Illinois, 1990
Wisconsin, 1999
 
Courts:
U.S. Supreme Court
U.S. Court of Appeals – Seventh Circuit
U.S. District Court – Northern District of Illinois (trial bar)
U.S. District Court – Northern and Central Districts of Illinois
U.S. District Court – Eastern District of Michigan
U.S. District Court – Eastern District of Wisconsin
U.S. District Court – District of Colorado
U.S. District Court – District of Nevada
 
Education:
Indiana University Maurer School of Law - Bloomington, J.D., cum laude, 1990
Indiana Law Journal, editor
Sherman Minton Moot Court Champion
Hamilton College, B.A., 1986
 
Office Location:
333 West Wacker Drive
26th Floor
Chicago, IL 60606
 
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