David C. Blickenstaff

Partner

David C. Blickenstaff has a broad range of experience and concentrates his practice in the areas of trust and estate litigation, class action defense, and general commercial litigation.

Trust and Estate Litigation

Mr. Blickenstaff devotes a significant portion of his practice to trust litigation, contested estates and related matters. He has extensive experience representing corporate and individual fiduciaries and beneficiaries in disputes involving such issues as:

Trust construction
Trust reformation
Breach of fiduciary duty claims
Total return trusts
Statute of limitations and laches in trust cases
Severance of trusts
Citations to recover assets
Competency
Fiduciary's and attorneys' fees
"No contest" clauses
Personal jurisdiction in trust and probate proceedings
Standing
Claims of undue influence

Mr. Blickenstaff has litigated dozens of trust and estate disputes, including trial and appellate work in both federal and state courts. Recent examples include:

Class Action Defense

Mr. Blickenstaff has represented clients in a variety of alleged class action cases, including those that assert nationwide classes:

Auto insurers in cases concerning "diminished value," cost of repair, betterment and medical bill review claims
An overnight courier in a case involving fuel surcharges
A manufacturing company in a case involving alleged environmental contamination

His practice has spanned both federal and state court and has included:

Depositions of class representatives
Development of expert witnesses
Extensive motion practice (including class certification briefing)
Appellate practice

General Commercial Litigation

Mr. Blickenstaff has handled numerous commercial disputes in state and federal court, including claims for fraud, consumer fraud, and breach of contract.

Represented a large funeral home company in a federal lawsuit that sought to recover for fraud and breach of contract in connection with the sale of a business
Defended a manufacturing company against a claim for breach of warranty and defective design and manufacture of a large industrial machine

Publications

"Judicial Reformation of Trusts: The Last Chance to Change a Trust," Trusts & Investments (November/December 2003)

"Judicial Reformation of Trusts — The Drafting Tool of Last Resort," Estate Planning (June 2001)

Pro Bono Activities

Mr. Blickenstaff has devoted hundreds of hours to pro bono advocacy.

In January 2002, he successfully represented a short-track speedskater at a multi-day arbitration involving accusations that two other skaters threw an Olympic qualifying race so that our client could make the U.S. Olympic team.

In July 2007, he led the six-lawyer trial team representing an inmate on Georgia's Death Row at the evidentiary hearing on our client's state habeas corpus petition. Previously he represented an Illinois Death Row inmate whose conviction and sentence had been obtained under Illinois' widely criticized capital punishment system. In January 2003, when Governor Ryan issued his clemency decisions affecting more than 160 Death Row inmates, our client was one of only four inmates who received a pardon.