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LITIGATION

Though every lawsuit is different, the goal is almost always the same: zealously represent the client's interests, in the most efficient manner possible. Drawing from a broad legal generalist background, David represents individual and organizational clients in all types of complex matters, including those related to state and federal employment claims, complex business disputes, unfair and deceptive business practice lawsuits, creditor representation in bankruptcy proceedings.

NOTABLE MATTERS

Cole v. Permanente Medical Group, Inc.

609 F. App'x 445 (9th Cir. July 1, 2015)

Memorandum Affirming Summary Judgment


Ninth Circuit affirmed summary judgment of employee's claim that employer wrongfully interfered with her receipt of pension benefits in violation of ERISA § 510.

Doctors Medical Center of Modesto v.

Kaiser Foundation Health Plan

989 F.Supp.2d 1009 (E.D. Cal., 2013)

Order Granting Motion to Dismiss in Part and Remanding Case

Successfully removed state court Hospital reimbursement lawsuit to Federal Court based on federal question (Medicare) jurisdiction; secured partial dismissal with prejudice based on Medicare preemption and failure to exhaust grounds.

Phillips v. Kaiser Foundation Health Plan

953 F.Supp.2d 1078 (N.D. Cal. 2011)

Order Denying Motion to Remand and Granting Motion to Dismiss with Prejudice

Successfully removed class action lawsuit to Federal Court based on CAFA jurisdiction and then secured dismissal with prejudice of state law claims based on Medicare preemption.

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