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David A. Bernstein

David Bernstein defends companies and professionals in complex civil litigation involving products liability, professional liability, and intellectual property disputes.

David works closely with pharmaceutical and medical device companies, hospitals, medical professionals, and insurance companies both in and out of the courtroom to achieve optimal outcomes in each case.

He has experience defending clients involved in Ohio’s Medical Marijuana Control Program, and he advises clients on the ever-changing regulatory landscape of the burgeoning legal CBD and industrial hemp industry.

He also defends clients against allegations of civil and constitutional rights violations in Section 1983 litigation. David has considerable experience providing litigation-related and practical counsel to public and private entities facing these high-profile cases, often where class action issues are prevalent.

Before joining Tucker Ellis, David clerked for the Honorable Joseph R. Goodwin of the United States District Court for the Southern District of West Virginia. David counsels clients with a keen understanding of judicial decision-making and public policy gleaned from his undergraduate work with the Ohio General Assembly and a stint at the Missouri Public Defender during law school.

David resides in Cleveland where he roots for his Ohio State Buckeyes, the Cavs, and the Tribe. He enjoys skiing, tennis, traveling, and spending time with his friends and family spread throughout Northeast Ohio.

Washington University School of Law (J.D., cum laude, 2015); CALI Awards for top grade in Evidence, Securities Litigation & Arbitration; Honors Scholar Award; Global Studies Law Review, Staff Editor
The Ohio State University (B.A. in Political Science, with honors, magna cum laude, 2012); William Jennings Bryan Prize for Best Undergraduate Political Theory Paper (2012); Phi Beta Kappa
State Admissions
Ohio, 2015
Federal Admissions
United States Court of Appeals, Second Circuit
United States Court of Appeals, Federal Circuit
United States District Court, Northern District of Ohio
United States District Court, Southern District of Ohio
  • Best Lawyers®: Ones to Watch (2022, 2023)
  • Ohio Super Lawyers Rising Stars® (2022, 2023)
  • Ohio State Bar Association
  • Cleveland Metropolitan Bar Association