D. Nicole "Nikki" Guntner

D. Nicole “Nikki” Guntner represents Plaintiffs in multidistrict litigation against corporate Defendants, and she has substantial experience in the discovery of electronically-stored information (ESI) in mass tort cases. Nikki has briefed and argued ESI and e-discovery matters before federal and state Courts, including the 11th Circuit Court of Appeal, negotiated protocols for the discovery of ESI, and developed systems to facilitate efficient management of e-discovery in large-scale cases. She previously served as both in-house counsel and defense counsel on matters involving complex e-discovery issues and corporate document retention.

Nikki plays a key role in mass tort and class action cases across the country, including:

• Skanska USA Civil Southeast, Inc., v. Bagelheads, Inc., 75 F.4th 1290 (11th Cir. 2023): Nikki represents individuals and business owners in their claims against Skanska for damages resulting from the destruction of the Pensacola Bay Bridge. Nikki served as trial counsel in the Northern District of Florida, where she successfully defended against Skanska’s limitation action. Nikki also led the effort to uncover and prosecute Skanska’s destruction of cell phone data for key custodians, resulting in spoliation sanctions against the company and the 11th Circuit’s opinion defining “intent to deprive” under Rule 37(e)(2), an issue of first impression.
• In Re: Recalled Abbott Infant Formula Products Liability Litigation (MDL 3037): Nikki represents plaintiffs alleging injuries as a result of Abbott’s recalled infant formula. She serves in an ESI liaison role and manages plaintiffs’ eDiscovery efforts.
• Alford v. The NFL Player Disability & Survivor Benefit Plan, et al. (D. Md.): Nikki represents NFL players against the NFL Player Disability & Survivor Benefit Plan, the NFL Player Disability & Neurocognitive Benefit Plan, the Disability Board, and Roger Goodell for wrongful denial of benefits, breach of fiduciary duty, and violations of federal law.
• Elmiron (Pentosan Polysulfate Sodium) Products Liability Litigation (MDL 2973): Nikki serves on the Plaintiffs’ Executive Committee, representing consumers alleging serious eye damage caused by the medication. Nikki has been involved in all aspects of discovery, including negotiation of foundational orders and managing eDiscovery efforts.

Nikki previously represented plaintiffs in the Xarelto MDL, which resulted in a $775 Million settlement, where she served as a member of the trial team for the final Xarelto bellwether trial in Pennsylvania state court. She also represented women suffering injuries from the birth control implant Essure and individuals suffering injuries from proton pump inhibitors.