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).