David has specialized in appellate litigation since joining Reed Smith in 2003. He routinely briefs and argues appeals in federal and state courts and handles dispositive motions at the trial level. Prior to joining the firm, he clerked for the Honorable E. Grady Jolly of the U.S. Court of Appeals for the Fifth Circuit.
David's experience in the U.S. Supreme Court includes the preparation of certiorari petitions, oppositions to certiorari petitions, and amicus briefs filed at the petition stage and on the merits. He also has handled cases in the U.S. Courts of Appeals for the Third, Fifth, Eighth, Ninth, and D.C. Circuits, the California Supreme Court, the California Courts of Appeal, the Ohio Supreme Court and Ohio Court of Appeals, and the Pennsylvania Appellate Courts.
David's experience covers a wide range of substantive areas, including constitutional law, federal jurisdiction, federal preemption of state law, judicial review of administrative actions, class actions, federal arbitration, securities, the regulation of mutual funds, shareholder disputes, fiduciary duties, media law, Medicare and Medicaid law, federal labor law, and telecommunications law.
U.S. Supreme Court
- Granite Rock Company v. International Brotherhood of Teamsters, No. 08-1214 (U.S.) (pending). Amicus briefs at the petition stage and on the merits arguing that an action can be brought under § 301(a) of the Labor Management Relations Act against a union that is not a signatory to the collective bargaining agreement.
- Adena Regional Medical Center v. Leavitt, 129 S.Ct. 1933 (U.S. Apr. 6, 2009) (denying cert.). Certiorari petition concerning the construction of the Medicare Act’s formula for calculating adjustments to reimbursements paid to hospitals who serve a disproportionate share of poor patients.
- Cookeville Regional Medical Center v. Leavitt, 129 S.Ct. 1524 (U.S. Mar. 2, 2009) (denying cert.). Certiorari petition concerning the retroactive application of statute giving government discretion to exclude Medicaid expansion waiver populations from certain Medicare disproportionate share adjustments.
- United States v. Atlantic Research Corp., 551 U.S. 128 (2007). Amicus brief for reorganized company on scope of CERCLA cost recovery actions.
U.S. Courts of Appeals, State Supreme Courts, and State Appellate Courts
- People's Mojahedin of Iran v. United States Dep’t of State, No. 09-1059 (D.C. Cir.) (pending). Amicus brief on behalf of retired military officers and inactive reservists supporting petition for review seeking de-listing of Foreign Terrorist Organization under 8 U.S.C. § 1189.
- Cooper v. FAA, No. 08-17074 (9th Cir.) (awaiting oral argument). Pro bono representation of HIV-positive, recreational pilot in appeal concerning whether Privacy Act’s "actual damages" element requires proof of pecuniary loss.
- Nova Chemicals, Inc. v. Sekisui, --- F.3d. ----, 2009 WL 2634762 (3d Cir. 2009). Obtained affirmance of summary judgment in favor of resin products manufacturer in dispute over scope and duration of license agreement.
- Thomas v. U.S. Bank, N.A., 575 F.3d 794 (8th Cir. 2009), petition for rehearing pending. Representing defendants who purchased second mortgage loans from federally insured California state bank in appeal concerning preemptive effect of DIDA and standing of named plaintiff to sue defendants with no connection to plaintiff's mortgage loan.
- Wilborn v. Bank One Corp., No. 04-MA-182, 2007 WL 446049 (Ohio App. 7th Dist.), aff'd, 906 N.E.2d 396, 2009-Ohio-306 (2009). Represented six mortgage lenders/servicers in Ohio Court of Appeals and Ohio Supreme Court proceedings which upheld mortgage contract provisions requiring a borrower to pay a lender's attorneys' fees incurred on reinstatement of mortgage after default.
- City of Hope v. Genentech, Inc., 43 Cal. 4th 375 (2008). Coordinated amici as member multi-firm team representing hospital in affirmance of $300 million award of breach of contract damages.
- Kutten v. Bank of America, N.A., 530 F. 3d 669 (8th Cir. 2008). Obtained affirmance on behalf of bank trustee of district court order finding SLUSA preemption and dismissing putative class action challenging trust investments in affiliated mutual funds.
- Siepel v. Bank of America, N.A., 526 F.3d 6112 (8th Cir. 2008). Obtained affirmance of district court order of dismissal based on SLUSA in putative class action challenging trust investments in affiliated mutual funds.
- Wells Fargo Bank, N.A. v. Superior Court, 159 Cal. App. 4th 381 (2008). Obtained writ relief ordering sustaining of demurrer on application of SLUSA preemption to class action involving trust conversion.
- United States v. Wecht, 537 F.3d 222 (3d Cir. 2008). Represented newspaper in obtaining expedited, summary reversal of district court orders providing for anonymous jury and denying public and media access to names of trial jurors and prospective jurors.
- Pennsylvania v. Martinez, 917 A.2d 856 (Pa. Super. 2007). Represented newspaper in obtaining reversal of order denying access to third-party correspondence relied upon by sentencing judge but not formally docketed or admitted into evidence in criminal sentencing of former public official (an issue of first impression in Pennsylvania).
- United States v. Wecht, 484 F.3d 194 (3d Cir. 2007). Represented newspaper in obtaining: (1) reversal of district court gag order on attorneys and other participants in criminal litigation; (2) circuit court directive that all district courts in the Third Circuit revise local rules regulating such speech; (3) affirmance of order unsealing Brady/Giglio documents.
- In re CBNV & GNBT Second Mortgage Litigation, 418 F.3d 277 (3d Cir. 2005), subsequent rulings on remand, 467 F.Supp.2d 466 (2006), 2007 WL 2008494 (July 5, 2007), 2008 WL 239650 (Jan. 25, 2008), 2008 WL 516477 (Feb. 26, 2008), 2008 WL 821662 (Mar. 27, 2008), 2008 WL 3833271 (Aug. 15, 2008), appeal pending. Represent purchaser/assignee of second mortgage loans obtain approval of $33 million nationwide class action settlement.
- Phipps v. FDIC, 417 F.3d 1006 (8th Cir. 2005). Represented assignee of second mortgage loans in obtaining affirmance of removal and dismissal of state unfair lending practice claims on grounds of NBA preemption.
U.S. District Courts and State Trial Courts
- Stoody-Broser v. Bank of America, N.A., No. 08-02705, 2009 WL 2707393 (N.D. Cal. Aug. 25, 2009). Obtained dismissal of putative state-law class action challenging investment of trust assets in shares of mutual funds.
- Reaves ex rel. Federated Kaufmann Fund v. Federated Investors, Inc., No. 05-201, 2007 WL 709327 (W.D. Pa. 2007) and Zucker v. Federated Shareholder Services Co., No. 06-241, 2007 WL 709305 (W.D.Pa. 2007). Obtained partial dismissal of claims under § 36(b) of the Investment Company Act of 1940 challenging redemption fees, shareholder service fees, and distribution (Rule 12b-1) fees.
- Brever v. Federated Equity Management Co. of Pa., 233 F.R.D. 429 (W.D. Pa. 2005). Obtained ruling in favor of mutual fund manager that claims of newly substituted plaintiff could not relate back to filing date of original plaintiff’s complaint.