David A. Luttinger, Jr.

Partner

David A. Luttinger is a partner in Morgan Lewis's Litigation Practice in the New York Office, where he concentrates on policyholder insurance recovery counseling and litigation. Mr. Luttinger has represented and advised clients involved in litigation, arbitration, and mediation in matters related to insurance coverage, toxic torts, environmental, commercial disputes, and product liability. Mr. Luttinger has handled disputes over underlying environmental, asbestos/silica, toxic tort, product liability, directors and officers, errors and omissions claims, and employment practices; he has also handled first-party claims for loss covered by physical damage and business interruption policies, fidelity and crime policies, worldwide transportation policies, and representation and warranty policies.

His clients include Fortune 500 companies involved in the energy, chemical and manufacturing, retail, banking and financial services sectors. Prior to joining Morgan Lewis in 2003, Mr. Luttinger was a partner at Zevnik Horton LLP. Prior to private practice, Mr. Luttinger was an assistant district attorney in New York County in the Trial Division.

Mr. Luttinger is admitted to practice in New York, New Jersey, and the District of Columbia and before the U.S. Supreme Court, the U.S. Courts of Appeals for the Second and Third Circuits, the U.S. District Courts for the Southern and Eastern Districts of New York, and the U.S. District Court for the District of New Jersey.

representative matters

• Argued Sunoco case before the Court of Appeals for the Third Circuit, which established Sunoco's right to a defense against more than 70 suits alleging damages arising from MtBE and MtBE containing gasoline.
• Represents major retailer in coverage litigation over loss arising from property damage and business interruption.
• Represents industrial manufacturer, public utility, and petroleum and chemical manufacture, in coverage litigations concerning asbestos/silica and environmental liabilities.

decisions

Sunoco, Inc. and Sunoco, Inc. (R&M) v. Illinois National Insurance Company, 2007 WL 295267 (3rd Cir. January 31, 2007).

Certain Underwriters at Lloyd's London, et al. v. Pneumo Abex Corporation, et al. 36 A.D. 3d 441, 829 N.Y.S. 2d 29 (N.Y. Sup Ct., 2007).

Wal-Mart Stores, Inc. v. United States Fidelity and Guaranty Company, et al. 29 A.D. 3d 315, 816 N.Y.S. 2d 17 (1st Dept., 2006).

Sunoco, Inc. v. Illinois National Insurance Company 2005 WL 2562776 (E.D. Pa., 2005).

Sunoco, Inc. v. Illinois National Insurance Company 2005 WL 2077258 (E.D. Pa., 2005).

Wal-Mart Stores, Inc. v. United States Fidelity and Guaranty Company, et al. 11 A.D. 3d 300, 784 N.Y. 2d 25 (1st Dept., 2004).

Federal Insurance Company v. Safeskin Corporation 1998 WL 832706 (S.D.N.Y., 1998).

Mallon Resources Corporation and Mallon Oil Company v. Midland Bank 1997 U.S. Dist. LEXIS 14954 (S.D.N.Y., 1997).

The People of the State of New York v. Kathy Cooks 230 A.D. 2d 683 (1st Dept., 1996).