Bass, Berry & Sims | Attorneys | Search

David R. Esquivel is a Member in the Litigation Practice Area and focuses his practice on antitrust and other competition-related matters, including the following representations:

Successful defense of a class action lawsuit alleging monopolization under state antitrust and consumer protection laws against a national waste management company. The action was dismissed on a motion for summary judgment.
Representation of a major tobacco manufacturer involving claims of price discrimination under the Robinson-Patman Act. The case was dismissed on a motion for summary judgment.
Trial and appellate representation of a heath care company in state administrative proceedings related to competition.
Representation of the members of a municipal board in a federal court antitrust lawsuit, including extensive briefing on the issue of state action immunity.

David's other experience includes:

Lead trial counsel in the pro bono representation of five Salvadoran plaintiffs in a federal court lawsuit against Col. Nicolas Carranza, the former Vice-Minister of Defense in El Salvador. The plaintiffs were tortured or suffered the death of their families at the hands of the Salvadoran military during the early 1980s. The jury awarded the plaintiffs $6 million in compensatory and punitive damages.
Successful representation of an international charitable organization in a federal court lawsuit, obtaining preliminary and permanent injunctive relief that struck down a local ordinance on First Amendment grounds.
In federal court representation of the plaintiff, a nationwide health care company, obtained a preliminary injunction freezing the defendants' assets under the Tennessee fraudulent transfer statute.
Defense of national bank and credit card association in state court trial alleging breach of contract.
Defense of British investment company in Delaware Chancery Court regarding allegations of aiding and abetting the directors' breach of fiduciary duties.
Representation of the plaintiff in a wrongful death lawsuit arising out of a plane crash at Nashville International Airport.

David is licensed to practice in Tennessee, Texas, and the District of Columbia. He is admitted to practice before all federal district courts in Tennessee and the United States Courts of Appeals for the Fourth and Sixth Circuits.

David received his undergraduate degree cum laude in political science and history from Duke University in 1992. He graduated with high honors from the Duke University School of Law in 1997 and was named to the Order of the Coif. At Duke, David was an articles editor for the Duke Law Journal, served on the Moot Court Board, and is the author of "The Identity Crisis in Public Interest Law," 46 Duke Law Journal 327 (1996). After law school, David served as a law clerk to the late Sam J. Ervin, III, Circuit Judge for the U.S. Court of Appeals for the Fourth Circuit.

In 2005, David received the Harris A. Gilbert "Pro Bono Attorney of the Year" Award from the Tennessee Bar Association. He has also been listed in the Lawdragon 500 "New Stars" for 2006.