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Max R. Mosley
Sep 11 Blog

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Eighth Circuit joins the majority of Federal Circuit courts holding claims of employment-based discrimination do not arise under Title II of the ADA.

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David M. Eisenberg
Employment litigator

David Eisenberg

Member in Kansas City
816.471.2121

"My goal is to ensure my advice helps my clients run their businesses effectively while avoiding unnecessary litigation. When litigation is the best option, I am a zealous advocate."

David represents Fortune 100 and other companies in litigation, class actions, appeals, and arbitration.

  • Member, Editorial Board, ABA’s Appellate Practice Committee
  • Former Member, Steering Committee, ALFA International Labor & Employment Practice Group

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Eisenberg M. David
Employment litigator

David Eisenberg

Member in Kansas City
816.471.2121

David Eisenberg has more than thirty years of experience representing Fortune 100 and other companies in employment and labor law matters, consumer and general business litigation, and appellate litigation. He represents clients in the automotive, telecommunications, insurance, information technology, food and beverage, financial services, energy, healthcare, and human resources services industries.

David has defended wage-hour, employment discrimination, and consumer class action claims. His appellate work includes cases on behalf of clients Baker Sterchi has represented at the trial court level as well as preparation of amicus curiae pleadings for major industry organizations. He serves on the Editorial Board of the ABA Appellate Practice Committee, and is the editor of Baker Sterchi's Missouri, Employment and Product Liability Law Blogs. 

Admissions

  • Missouri
  • Kansas
  • New York
  • USDC, Eastern District of Missouri
  • USDC, Western District of Missouri
  • USDC, District of Kansas
  • U.S. Court of Appeals, Second Circuit
  • U.S. Court of Appeals, Sixth Circuit
  • U.S. Court of Appeals, Eighth Circuit
  • U.S. Court of Appeals, Tenth Circuit
  • U.S. Court of Appeals, D.C. Circuit
  • Supreme Court of the United States

Education

  • Georgetown University Law Center, J.D.
  • Brown University, M.A. Economics
  • Brooklyn College, B.A. Economics and Mathematics

Memberships & Activities

  • ALFA International
    • Former Steering Committee Member, Labor & Employment Practice Group
    • Program Chair, 2010 EPLI Seminar (New York, NY)
  • American Bar Association
    • Board of Editors, Appellate Practice Journal
    • Member, Appellate Practice Committee
    • Member, Appellate Rules and Statutes Subcommittee
    • Member, Litigation Section
    • Former Chair, Marketing & Advertising Subcommittee
    • Former Co-Chair, Arbitration & Injunctions Subcommittee
    • Panel Chair, Advertising on the Internet, ABA Annual Meeting, 1996 (Orlando, FL)
  • American Employment Law Council
  • USDC, Eastern District of New York
    • Former Member, Arbitration Panel, 10 years
  • Helzberg Leadership Fellows
  • Kansas Bar Association
  • Kansas City Metropolitan Bar Association
  • Missouri Organization of Defense Lawyers

Awards & Recognition

  • Missouri & Kansas Super Lawyers, 2005-2021

Publications

  • "Don’t Chase Every Rabbit", ABA Appellate Practice Section (December 2023)
  • Attorneys React to High Court’s Tyson Class Action Ruling, Contributing commentator, commenting on the Supreme Court’s decision in Tyson Foods Inc. v. Bouaphekeo (March 2016)
  • Contributing commentator, "Lawyers Weigh In On High Court ERISA Ruling," commenting on the Court’s decision in Tibble v. Edison (Law360, Lexis/Nexis, May 2015)
  • Contributing commentator, "Attorneys React to High Court’s Sarbanes-Oxley ‘Fish’ Ruling,” commenting on the Court’s decision in John L. Yates v. United States (Law360, Lexis/Nexis, February 2015)
  • Contributing commentator, "Lawyers React to High Court Ruling on Retaliation Suit," commenting on the Court's decision in University of Texas Southwestern Medical Center v. Nassar (Law360, Lexis/Nexis, June 2013)
  • Contributing commentator, "Class Action Attorneys React to High Court's Arbitration Ruling," commenting on the Court's decision in AmEx v. Italian Colors (Law360, Lexis/Nexis, June 2013)
  • Contributing commentator, "Class Action Attorneys React to High Court's Arbitration Ruling," commenting on the Court's decision in Oxford Health Plans LLC v. Sutter (Law360, Lexis/Nexis, June 2013)
  • Contributing author, "Employment Discrimination Law" (NBI 2011)
  • "Interlocutory Review of District Court Orders After Mohawk Industries," ABA Appellate Practice Journal, Vol. 30, No. 2 (Winter 2011)
  • Contributing author and regional editor: ALFA International Labor & Employment Practice Group Compendium of Significant Employment- Related Case Law and Statutes (2004-present)
  • "Opinion: The Proposed MCI-WorldCom Merger is Anti-Competitive," Global Competition Review (London) (June-July 1998)
  • "Questions and Answers about Advertising on the Internet," The Practical Lawyer, Vol. 43, No. 5 (July 1997)

Presentations

  • Panel Moderator, ALFA 2014 International Client Seminar, Employment Class Action Litigation: New Strategies for New Challenges (Miami Beach, FL 2014)
  • Faculty, National Business Institute Seminar: Hot Topics in Employment Law and Non-Compete Agreements in Missouri and Kansas (Overland Park, Kansas, 2013)
  • Program Chair, ALFA International Seminar: Employer Liability -Stemming the Rising Tide (New York, NY 2010)
  • Faculty, Missouri Office of State Courts Administrator (OSCA) Judicial Seminar - Employment Law Update (Lake Ozarks, MO 2010)
  • Faculty, ALFA International Seminar: Failure to Provide Oversight and Breach of Fiduciary Duty (The Effect on Insurance Coverage) (New York, NY 2008)
  • Faculty, Kansas Bar Association Annual Meeting: Recent Developments in Employment Law (Overland Park, KS 2006)
  • Faculty, National Business Institute Seminar: Selecting and Terminating Employees in Kansas (Overland Park, Kansas, 2005)
  • Faculty, ALFA Labor & Employment Practice Group Seminar: The Myth of the 50-State Noncompetition Agreement (New Orleans, Louisiana, 2004)
  • Faculty, National Business Institute Seminar: Overtime-How the New Regulations Affect Your Clients or Your Company (Kansas City, Missouri, 2004)
  • Seminar Co-Chair, Telecommunications 2002: Legal and Business Strategies for Navigating in Turbulent Markets, American Conference Institute (New York City, February 2002)
  • Seminar Co-Chair, Telecommunications Law and Business Forum, American Conference Institute (New York City, NY 2001)
  • Panel discussion: Another Federal Mandate? Restrictions on Cell Phone Use and Driving, National Conference of State Legislatures, Energy & Transportation Committee (San Antonio, Texas, 2001)
  • Panel discussion: Regulation of Emerging Technologies and Services in the Telecom Industry, KMB Video Journal (St. Petersburg, Florida, 2000)
  • Panel discussion: Web Design and Operations Issues, Mealey's Information Technology Law Conference (Chicago, Illinois, 1999)
  • Testimony: Hearing on Deceptive Mailings and Solicitations to Senior Citizens and Other Citizens, U.S. House of Representatives, Ways & Means Committee (Washington, D.C., 1992)

News & Events

Blog Posts

Results

Baker Sterchi scores U.S. Supreme Court win in preemption case

BSCR's health insurer client was sued in Missouri state court in 2011, by a plaintiff who suffered injuries in a car accident. Plaintiff was a federal government employee, whose insurance program fell under the Federal Employees Health Benefits Act (FEHBA), a statute with

Missouri Court of Appeals reverses trial court, ruling in favor of Baker Sterchi's automotive client, and ordering judgment notwithstanding verdict

In a class action brought by plaintiffs in Missouri state court, alleging certain vehicles had defective dashboards, and that our automotive client misrepresented the vehicles to consumers, the Circuit Court of Jackson County originally certified a Missouri class, for claims under the Missouri Merchandising Practices Act and breach of express warranty and implied warranty.

Practices

Industries

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Attorney Advertising: The choice of a lawyer is an important decision and should not be based solely on advertisements. Past results afford no guarantee of future results. Each case must be judged on its own merits.

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