David D. Garner

David D. Garner

Partner
dgarner@lrrc.com vCard
602.262.5335 office
602.734.3891 fax
201 East Washington Street
Suite 1200
Phoenix, AZ 85004

David Garner, a partner in the firm’s Litigation group, focuses his practice on Business Litigation, Education Law, and Class Actions. He represents his clients in state and federal trial and appellate courts, administrative tribunals, arbitrations, and other alternative dispute resolution forums.

Business Litigation and Alternative Dispute Resolution Experience. Dave represents businesses in a broad array ‎of commercial disputes. His experience includes breach of contract claims, professional negligence claims, employment disputes, defamation claims, ‎express/implied warranty claims, business divorce matters, creditor remedies in secured financing matters, judicial ‎appeals of administrative proceedings, commercial landlord/tenant issues, and many others. To help clients avoid the ‎time and cost of litigation, Dave has also successfully resolved many commercial disputes to favorable settlements ‎through direct negotiation and mediation.‎

Some of his representative business litigation experience includes:‎ 

  • Secured a complete defense verdict on behalf of an international insurance brokerage on a $90 million negligence claim, alleging the broker's failure to procure appropriate insurance coverage. The favorable judgment followed nearly three years of litigation, involving seven experts, two dozen depositions across the country, and over 1.3 million documents. After eliminating nearly $70 million in claimed compensatory and punitive damages through successful motion practice, a nine-day trial ensued on the remaining $21 million claim. In an eighteen-page ruling issued after post-trial briefing, the court thoroughly rejected each of the plaintiff's arguments and theories, and ruled in our client's favor in every respect.
  • Obtained summary judgment and a multi-million dollar result for a real estate investment trust against a commercial tenant in Atlanta, Georgia.  The federal judge wrote that this case "represents a contractual dispute of biblical proportions."
  • Obtained judgment in favor of an electric utility, requiring the Arizona Corporation Commission to return an ‎improperly imposed multi-million dollar fine, with interest, and an award of attorneys’ fees. Dave also successfully ‎defended the trial court’s judgment on these issues at the Arizona Court of Appeals. 
  • Successfully managed a complex federal interpleader action concerning $12 million in escrowed funds and ‎involving nearly 100 parties from around the globe. In connection with this matter, Dave secured dismissal of ‎multiple counterclaims and cross-claims directed at the escrow holder. ‎ 
  • Represented the State of Arizona and State Board of Education in multiple evidentiary hearings and appellate ‎proceedings concerning education of English Language Learners in compliance with the Equal Educational ‎Opportunities Act (EEOA).‎


Education Law Experience. In representing educational institutions, Dave serves in an ongoing and/or recurring General Counsel role. He ‎provides training, policy review, contract advice, and general legal guidance aimed at helping these clients ensure ‎regulatory compliance, implement best practices, prevent lawsuits, and effectively defend themselves when litigation is ‎necessary. ‎As a former high school English and ESL teacher, Dave understands the challenges faced by educators and administrators. He helps leaders of school districts, private schools, and post-secondary schools with litigation, administrative proceedings, and preventative advice and training. Since 2002, Dave has given at least 27 presentations in various education forums including at the Arizona School Boards Association Annual Law Conference.

Read More >

His school law experience includes: 

  • Securing complete victory for a school district client, in a contentious, twelve-day special education, due process hearing, involving the largest and most complicated record in the history of such proceedings in Arizona.
  • Securing dismissal with prejudice on claims against a community college alleging violations under the ‎Establishment Clause and Arizona Constitution relating to instruction in a philosophy class.‎
  • Successfully representing school districts in multiple employee termination proceedings, including termination of certificated teachers, principals, and superintendents. Dave has often simultaneously defeated efforts in parallel judicial proceedings to seek temporary restraining orders and otherwise challenge the administrative proceedings. 
  • Successfully representing school districts and post-secondary schools in multiple student expulsion hearings with a track record of defending such expulsions in federal court and securing dismissal of all claims. 
  • Securing for post-secondary schools the dismissal of complaints filed against the school by the Arizona State Board for Private Post-Secondary Education. 
  • Drafting and revising student handbooks and policy manuals, including comprehensive student disciplinary policies and procedures.

Dave also provides frequent training and day-to-day advice on compliance issues, including public records requests, open meeting law issues, FERPA/student records, child abuse reporting, student discipline/student misconduct (due process, search/seizure, etc.), school/community relations, procurement, student admissions/open enrollment, special education, and many others.

Religious Institutions Experience. Dave's education law practice includes representing parochial and other religious schools in a broad spectrum of employment, student, and policy issues. In addition, Dave has represented a public community college district in litigation challenging the curriculum of a college-level ethics and philosophy class under the Establishment Clause. Dave negotiated a complete dismissal of the plaintiff’s claims with no monetary payout and no agreement by the community college to alter any of its policies, practices, or procedures. 

Class Action Experience. Dave has significant experience successfully litigating class action cases on behalf of financial institutions and insurance companies. He also has experience negotiating class action settlements and helping clients navigate the associated judicial approval process.

Some of his recent class action work includes:

  • Defeating class certification and obtained partial summary judgment for an auto insurer in litigation challenging computerized bill review in medical payments claims. 
  • Defeating class certification for an auto insurer in litigation challenging use of med pay offsets in underinsured motorist claims. 
  • Obtaining dismissal with prejudice, without certification, of a class action alleging that an auto insurer took arbitrary, percentage deductions from “actual cash value” when adjusting vehicle total loss claims. 
  • Obtaining dismissal with prejudice, without certification, of a class action alleging that a credit union failed to provide proper ATM fee notifications under the Electronic Funds Transfer Act (EFTA).

Presentations

  • Co-Presenter, Cyberharassment: Problem Parishioners and the New School Bully, The Church Network, Greater Phoenix Chapter, June 2015
  • Guest Lecturer, Legal Perspectives in Education, Introduction to Education Class, Mesa Community College, Spring 2013
  • Co-Presenter, FERPA 2012: Understanding the New Regulations and Guidance, and Navigating the Gray Areas, Arizona School Boards Association Annual Law Conference, September 2012
  • Co-Presenter, Parliamentary Procedure and the Law, Arizona School Boards Association Annual Law Conference, September 2011
  • Guest Lecturer, Legal Perspectives in Education, Introduction to Education Class, Mesa Community College, Spring 2011
  • Guest Lecturer, Legal Perspectives in Education, Introduction to Education Class, Mesa Community College, Fall 2010
  • Presenter, Pupil Records: Rules, Responsibilities, and Requirements, Lorman Webinar, October 2009
  • Guest Lecturer, Legal Perspectives in Education, Introduction to Education Class, Mesa Community College, Spring 2010
  • Guest Lecturer, Legal Perspectives in Education, Introduction to Education Class, Mesa Community College, Fall 2009
  • Guest Lecturer, Legal Perspectives in Education, Introduction to Education Class, Mesa Community College, Spring 2009
  • Presenter, Testing the Forgotten Prong of Tinker: Can One Student’s Right of Speech Trump Another’s Right to Be Left Alone?, Arizona School Boards Association Annual Law Conference, September 2008
  • Guest Lecturer, Legal Perspectives in Education, Introduction to Education Class, Mesa Community College, Fall 2008
  • Guest Lecturer, Legal Perspectives in Education, Introduction to Education Class, Mesa Community College, Spring 2008
  • Guest Lecturer, Fairness in the Law, Mock Trial Presentation, Carol Rae Ranch Elementary, October 18, 2005
  • Presenter, Maricopa County School Board Candidate Workshop, Valley Leadership, May 2005
  • Presenter, Discipline of Students with Special Needs in Arizona, Lorman Seminar, November 2004
  • Presenter, Student Discipline and FERPA Compliance, NAU Education Leadership Course, November 2004
  • Presenter, Religion and Schools: The Latest Issues, Arizona School Boards Association Annual Law Conference, September 2004
  • Presenter, School Law in Arizona, National Business Institute Seminar, April 2004
  • Presenter, Arizona Special Education Law, National Business Institute Seminar, January 2004 
  •  Presenter, Privacy Concerns in the Educational Setting, Lorman Seminar, November 2003
  • Presenter, Public Records Law and Family Education Rights and Privacy Act, School District Seminar, October 2003
  • Panel Member, Education and the Media Forum: “Education and the Media—Opposing Interests or Is There Common Ground,” Fall 2003
  • Presenter, Discipline of Students with Special Needs in Arizona, Lorman Seminar, June 2003
  • Presenter, Child Abuse Reporting Obligations for School Personnel, School District Seminar, February 2003
  • Presenter, Arizona Open Meeting Law, School District Training, January 2003
  • Presenter, Student Discipline for Off Campus Activities, Arizona School Boards Association Annual Law Conference, September 2003
  • Presenter, Practical Tips for Dealing with the Legalities of Student Discipline, School District Seminar, March 2002

Related Publications

  • Case Note, "Impact of Conditional Incentive Awards on Adequacy of Representation in Class Settlements: Radcliffe v. Experian Info. Solutions, Inc.," No. 11-56376 (9th Cir., April 22, 2013), ABA Class Actions and Derivative Suits website, May 2013.
  • Case Note, "Cost-sharing by plaintiffs in connection with pre-certification discovery: Boeynaems v. LA Fitness International LLC," No. 10-2326 (E.D. Penn. Aug. 16, 2012), ABA Class Actions and Derivative Suits website, September 2012.
  • Case Note, "Preemption of state laws purporting to invalidate class action waivers: Pendergast v. Sprint Nextel Corporation," No. 09-10612 (11th Cir., Aug. 20, 2012), ABA Class Actions and Derivative Suits website, September 2012.
  • Article Contributor, Community Profile Article, Gilbert Independent, January 2006
  • Author, “Socratic Misogyny - Analyzing Feminist Criticisms of Socratic Teaching in Legal Education,” Brigham Young University Law Review 1597, 2000
  • Author, “The Continuing Vitality of the Case Method in the Twenty-First Century,” Brigham Young University Education and Law Journal 307, 2000
  • Author, “A Failed Coup on the Judicial Monarchy,” Book Note, Brigham Young University Law Review 887, 1999
  • Author, Bulgarian Grammar Supplement, 1993

Other Info

Education

J.D., cum laude, Brigham Young University, J. Reuben Clark Law School, 2000
Graduate Certificate, Brigham Young University, 1995
B.A., Brigham Young University, 1995

Bar Admissions

Arizona, 2000

Clerkships

Arizona Court of Appeals

Memberships & Affiliations

  • Foundation for Blind Children, Board Member, 2007-2010
  • CEFPI Foundation & Charitable Trust, Board of Trustees Member, 2006-2012
  • Boy Scouts of America, various positions, including Unit Commissioner, 2007-present
  • Arizona Council of School Attorneys, Member, 2001-present
  • National School Boards Association, Member, Council of School Attorneys, 2001-present
  • East Valley YMCA, Board Member, 2012-present
  • Arizona State Bar Class Action & Derivative Suits Committee, Member, 2012-present
  • American Bar Association, Subcommittee Chair on Emerging Issues, Litigation Section, Class Action & Derivative Suits Committee, 2012-present