Biography David S. Curcio's practice focuses on defending financial institutions in consumer litigation, including state and federal statutory and common law claims.
With more than 20 years experience in commercial litigation, Mr. Curcio has developed his practice in a wide variety of matters, including personal injury, product liability, oil and gas, and general commercial litigation. He centers his litigation skill set — depositions, written discovery, dispositive and discovery motions, trial preparation, mediation and trial — to mass tort defense, government investigations, and other types of commercial and consumer litigation.
Mr. Curcio has successfully defended banks against consumer class action attorneys and state attorneys general, and he has tried cases in state and federal courts, argued state court appeals, and handled arbitrations and numerous mediations.
Mr. Curcio's extensive background in consumer litigation provides his clients with assurance that their matters are handled in a comprehensive and cost-effective manner. Because of his familiarity with his clients' practice and their staff, he is able to efficiently manage consumer litigation, as well as quickly identify the range of probable outcomes to avoid the distraction of routine litigation.
More about David S. Curcio: Experience | Involvement | Speeches / Publications | News Representative Matters - Served as lead outside counsel advising a national mortgage and consumer lender on revamping its internal processes for creating and executing affidavits. This included researching and advising the client on applicable federal laws and coordinating the review of the applicable laws of the 50 states. In addition to drafting affidavit templates for use nationwide, David assisted the client in drafting internal affidavit procedures.
- Represented two top-five global banking corporations in a patent infringement case related to the electronic imaging and transmission of transaction documents as well as their online credit application and chat help.
- Successfully defended a national bank in two state attorney general lawsuits, a class action and numerous individual actions arising from the financing of in-home sales of HVAC systems. While the individual claims were resolved through a remediation program and the class was not certified, the attorneys general aggressively pursued their actions. One state gave up after being sanctioned for discovery abuse and, after a three-week trial, the other state was left with a judgment against the vendor only, rather than the bank.
- Took over a case on appeal from trial counsel who had suffered a $12,000,000 verdict in a wrongful debt collection case. The appeal involved complicated issues of jury argument, agency, exemplary damages, and evidentiary rulings. In the end, the court of appeals reversed the judgment as to one of the plaintiffs, found error in the jury charge as to wrongful debt collection, and then applied the one satisfaction rule to reduce the remaining damages.
- Defended major petrochemical firms in litigation arising out of alleged leaks of hydrocarbons from salt dome storage site. In addition to personal injury and property damage claims, the suits alleged discrimination in the implementation of a buy-out program. JW successfully obtained dismissals, summary judgments, or directed verdicts for our clients and won two appeals.
- Pursued a successful mandamus action to the Fifth Circuit, which resulted in the re-assignment of a UCC lawsuit to a different district judge for entry of judgment in the JW client's favor.
- Obtained a reversal of a jury verdict in an automobile defect case, involving a teenage girl allegedly killed by a two-point lap belt. Appellate opinion expanded the "offensive use" exception to the therapist-patient privilege.
- Other litigation experience in products liability, employment discrimination, UCC, insurance, and other commercial cases.
More about David S. Curcio: Biography | Involvement | Speeches / Publications | News Organization Membership Mr. Curcio is a member of the Houston Bar Association, the Justinian Society of Houston Lawyers, Inc., the Katy Bar Association, and the State Bar of Texas.
Community Involvement Mr. Curcio is currently the Secretary-Treasurer of the Justinian Society of Houston Lawyers, Inc., a local non-profit for lawyers interested in Italian-American culture. He is on the board of directors of The Children's Center, Inc., a non-profit organization specializing in bringing positive change to lives of children and their families. Mr. Curcio has also served on the boards of non-profit youth athletic and church entities.
More about David S. Curcio: Biography | Experience | Speeches / Publications | News Speeches / Publications
Mr. Curcio has lectured on electronic discovery under the amended Federal Rules of Civil Procedure and Witness Selection and Preparation.
Links to Publications
More about David S. Curcio: Biography | Experience | Involvement | News
Practice Areas
EducationB.A., Rice University (TX)
- Served as Secretary of Lovett College
J.D., The University of Texas School of Law
Mr. Curcio attended law school at the University of Oregon and then the University of Texas School of Law. In Oregon, he clerked for the U.S. Attorney's Office. In school, Mr. Curcio was an editorial writer for the college and law school newspapers.
Bar Admissions
Court Admissions
- United States District Courts for the Northern, Southern, Eastern, and Western Districts of Texas
- United States Court of Appeals for the Fifth Circuit
- United States Supreme Court
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