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J.D. from Cornell Law School, magna cum laude
• Order of the Coif, CALI Award: Conflicts of Law, Political Theory; Constitutional Law
• Articles Editor, Cornell Law Review; ChancellorA.B. in Philosophy from Princeton University, cum laude
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Law Clerk to the Honorable Law Clerk to the Honorable Curtis V. Gómez
U.S. District Court of the Virgin Islands -
Steptoe & Johnson LLP
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Member of State Bar of California
Admitted in the Northern District, Central District, Eastern District, and Southern District of California Third, Ninth, and Federal Circuits -
Biography
David Kwasniewski is a partner at BraunHagey & Borden. He has successfully litigated dozens of cases for consumer packaged goods (CPG) companies, and oversees the firm’s CPG Litigation practice. He also advises CPG companies on how to manage litigation risk, including from consumer class actions, California’s Proposition 65, and FDA regulations.
Representative Matters
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David secured a $21 million verdict as lead trial counsel for Smashmallow, a maker of snackable marshmallows that had been defrauded into purchasing defective equipment, in a six-week jury trial in Sonoma County Superior Court.
Smashmallow LLC v. Tanis Food Tec B.V., SCV-268477 (Sonoma County Superior Court)
Opposing Counsel: ArentFox Schiff LLP -
David secured dismissal with prejudice of this putative class action alleging citric acid in Emeril’s pasta sauce was a preservative even though the sauce was made with tomatoes and lemons. David’s client paid the plaintiff nothing.
Minondo v. B&G Foods North America, Inc., 1:23-cv-08087-TAM (E.D.N.Y.)
Opposing Counsel: Millberg LLP -
In this case about LesserEvil’s popular Paleo Puffs, David obtained dismissal with prejudice after uncovering plaintiff spoliated all of the alleged evidence. Plaintiff paid monetary sanctions and David’s client paid the plaintiff nothing.
Kaloustian v. LesserEvil, LLC, 22STCV13274 (Los Angeles Superior Court) -
David obtained denial of class certification in this case alleging that taco shells contained trace amounts of trans fats.
Silva v. B&G Foods North America, Inc., 20-cv-00137-JST (N.D. Cal.)
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David obtained dismissal with prejudice of a Prop 65 claim involving powdered ginger after moving for sanctions because the plaintiff had no evidence of a violation. David’s client paid the plaintiff nothing.
Consumer Advocacy Group v. B&G Foods North America, Inc., 20STCV17732 (Los Angeles Superior Court)
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David obtained dismissal with prejudice of a putative consumer class action alleging Widow Jane whiskey was not made with water from the historic Widow Jane mine (it was). David’s client paid the plaintiff nothing.
Boshnack v. Widow Jane Distilleries LLC, 19cv8812 (DLC) (S.D.N.Y.)
Personal
David lives in San Francisco with his wife. He spends his free time baking cookies, listening to his vinyl record collection, and pretending to a be a sommelier.
For more information about David’s representative cases and experience, please contact the firm.