David J. Turek

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Practice Areas

Appellate

Commercial Litigation

Construction Law

Employment Law

Insurance Disputes

Personal Injury

Products Liability

David J. Turek

As most litigators gravitate towards specialization, Dave Turek takes pride in handling a wide variety of cases for diverse clients.  Dave has significant experience in both commercial and personal injury litigation, often handling multimillion-dollar cases in Wisconsin and around the country.  In the past few years, Dave has led cases in New Jersey, Tennessee, Alabama, Pennsylvania, and North Carolina, among other states. 

In commercial litigation, Dave has successfully resolved numerous non-compete claims, insurance disputes, and general contract matters, including a variety of cases for a large, multinational food company. For personal injury matters, Dave focuses on product liability claims. He serves as “national” counsel for two Wisconsin-based manufacturers—one of which produces bicycles and other recreational products and another who makes components for the lawn and garden industry.  In addition to trying cases, Dave has significant appellate experience, including three oral arguments in 2023 and 2024.   

Consistent with his expertise in both commercial and injury cases, Dave is one of a small number of attorneys to be recognized in Chambers and Partners for General Commercial litigation and also to be invited to join the Federation of Defense and Corporate Counsel (FDCC), the preeminent association of insurance and defense counsel from across the country.  In addition, Dave’s peers have voted him one of the top 50 attorneys in Wisconsin, and one of the top 25 in the Milwaukee area, according to the latest Super Lawyers rankings. 

  • Chambers and Partners, General Commercial (Band 3)
  • AV® Preeminent Peer Review Rated attorney by Martindale-Hubbell
  • Best Lawyers in America, Commercial Litigation, Insurance Law, Litigation – Insurance, 2023, 2022, 2021
  • Benchmark Litigation, Local Litigation Star
  • Wisconsin Super Lawyers, 2013-2023 (Wisconsin Top 50, Milwaukee Top 25); Rising Star, 2007-2012
  • J.D., Marquette University Law School, summa cum laude, 2002; Marquette University Law Review, Senior Articles Editor
  • B.A. in Political Science, magna cum laude, Carthage College, 1999

 

  • Wisconsin
  • Managing Member, Gass Turek, 2015-2017
  • Member, Federation of Defense & Corporate Counsel (FDCC)
  • Litigation Counsel of America, Senior Fellow
  • Member, Defense Research Institute (DRI)
  • Author, Wisconsin chapter of the Defense Research Institute’s Excess and Umbrella Insurance State-by-State Compendium
  • Author, “Wrongful Death” chapter in the Wisconsin Bar Association’s Law of Damages in Wisconsin
  • Author, Wisconsin Chapter of the Tort Law Desk Reference
  • Author, “Responsibilities of Insurance Agents” chapter in Wisconsin Bar Association’s Anderson on Wisconsin Insurance Law
  • Regular speaker for Wisconsin State Bar’s Trending Topics in Business Litigation annual seminar
  • Wisconsin Judicial Conference, Primer on Insurance Coverage (December 2022)
  • Secured quick dismissal of fraud and misrepresentation claims asserted by commercial customer against food and beverage manufacturer based on Tennessee’s economic loss doctrine.  In August 2024, argued for affirmance before the Tennessee Court of Appeals with a decision expected in early 2025.
  • Representing client in recovery of rare 1938 Talbot-Lago Teardrop automobile stolen from Milwaukee collector in 2001.  In June 2024, the Wisconsin Court of Appeals affirmed the circuit court’s order declaring the parties’ mediation term sheet to be unenforceable, adopting client’s reasoning in its totality.
  • Obtained dismissal of New York lawsuit against manufacturer of lawnmower component based on lack of personal jurisdiction. One of the first cases in New York to grapple with the Supreme Court’s decision in Ford Motor Company v. Montana Eighth Judicial District Court.
  • Served as lead counsel in three-week wrongful death trial in Clark County (Las Vegas), Nevada in February 2020. The client asked Gass Turek to try this high-profile, nine-figure case approximately 90 days before the start of trial, which required review of extensive discovery, testing through a jury simulation, and formulation of trial strategy.
  • Defeated motion for preliminary injunction in contentious trade secret dispute after a four-day evidentiary hearing in November 2019. This hearing came on the heels of nearly 20 depositions, in three different states, over the course of a month. The Milwaukee County Circuit Court adopted nearly all of Dave’s client’s proposed findings of fact and conclusions of law, concluding that plaintiffs did not have a reasonable likelihood of success on the merits of their claims.
  • Defended damages portion of one of Wisconsin’s most significant personal injury trials from 2017. The plaintiff suffered third and fourth degree burns to more than 70% of his body as a result of a lawnmower fire, incurring more than $3 million in past medical expenses. Dave became involved in the case less than 60 days before the start of trial. After the plaintiff asked for more than $38 million in closing (including $20 million in punitive damages), the jury declined to award punitive damages and awarded compensatory damages close to those suggested by Dave. Coupled with a negligible apportionment of fault, the ultimate verdict resulted in Dave’s client paying no additional money to plaintiff as a result of the trial.
  • Secured the prompt dismissal of a trust’s claims against a large, national life insurance company for making distributions to an allegedly unscrupulous trustee. The trust did not appeal the federal judge’s decision granting the life insurer’s motion to dismiss. Kriete Family Insurance Trust v. Pacific Life Insurance Company, 2017 WL 3273580 (E.D. Wis. 2017).
  • Obtained summary judgment for a spine product company in a contentious non-compete dispute with one of its largest competitors. The competitor sought more than $10 million in damages, but the federal court determined there was no merit to the tortious interference and unfair competition claims. Biomet Spine, LLC v. Stryker Spine, 2016 WL 5793680 (E.D. Wis. 2016).
  • Worked as co-counsel with a large, national firm to pursue legal and actuarial malpractice claims arising from an $82 million ERISA class action settlement. The case involved multiple, complex issues on statute of limitations, professional liability, cause, and damages, plus intricate technical information surrounding cash balance pension plans. Dave’s client resolved the case through multiple settlements in advance of trial.
  • Earned summary judgment in favor of a large home builder by enforcing a contractual limitation against specific performance of the sale of land. In March 2016, the Wisconsin Court of Appeals affirmed the judgment in favor of Dave’s client. Key v. William Ryan Homes, Inc., Appeal No. 15-AP-490.
  • Secured a preliminary injunction against proceedings initiated by the Lac du Flambeau tribe in their tribal court arising from the Tribe’s $50 million bond issuance. The Seventh Circuit’s decision resolves several nationally watched issues of tribal court jurisdiction. Stifel, Nicolaus & Co., Inc. v. Lac du Flambeau Band of Lake Superior Chippewa Indians, 807 F.3d 184, 204-05 (7th Cir. 2015).
  • Secured a $1 million-plus jury verdict for a subcontractor improperly terminated from a construction project. The Wisconsin Court of Appeals affirmed the jury’s award in Henshue Construction, Inc. v. Terra Engineering & Construction Corp., 2013 WI App 84.
  • Won summary judgment based on Wisconsin’s recreational immunity statute against a paraplegic injured while riding on a bicycle trail.
  • Obtained a temporary restraining order that prevented a former employee from using trade secrets and other pilfered information for a new, competitive financial institution.
  • Worked with a trial team to obtain a defense verdict in a pedestrian-truck accident where the plaintiff sought in excess of $22 million in damages.
  • Convinced a district court that an insurer should not be automatically responsible for a judgment if the insurer breaches its duty to defend. Johnson Outdoors, Inc. v. General Star Indemnity Co. (E.D. Wis. 2009), available at 2009 WL 4043104.

“Dave Turek is an outstanding lawyer and will always be my first choice for complex commercial litigation matters” (Chambers reviewer)

“Dave is an excellent communicator, both written and oral. His responsiveness is outstanding, and he always offers updates in a concise and organized way, which is very important to me.” (Chambers reviewer)

“Outstanding group of lawyers and beyond professional team. Mr. David Turek and his staff are absolutely amazing. The care for the client is beyond measure.” (Client, Google Review)

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