David M. Cook

David M. Cook

Location:
Cincinnati, Ohio
Phone:
513-878-1799
888-339-0443
Fax:
513-721-1178
Email:

David M. Cook is founder and Managing Principal of Cook & Logothetis, LLC. He formed the firm to focus on the representation of labor unions, their members, plaintiffs and fiduciaries in employee benefits litigation. Since its founding, the firm has expanded its emphasis to represent plaintiffs and citizens in claims for civil rights, personal injury and employment matters.

David previously served on the Board of Directors of the AFL-CIO Lawyers' Coordinating Committee. He is a former Union Co-Chair of the American Bar Association Section of Labor and Employment Law Employee Benefits Committee, and has also served as a member of the ABA's Joint Committee on Employee Benefits. He served as Senior Editor for the seminal work Employee Benefits Law, Supplements (BNA, 2000 et seq.), from 1999 to 2005, and served as a Contributing Editor to the 1994 and 1996 Cumulative Supplements, and Chapter Editor for the recent Second Edition. He has served as the Chair of the Cincinnati Bar Association's Labor and Employment Law Committee, and Co-chair of the Ohio State Bar Association's Section of Labor and Employment Law, Federal Law Committee. David has also taught Human Resources Law as an Adjunct Professor in the Xavier University Graduate School of Business.

David is a Charter Fellow of the American College of Employee Benefits Counsel (2000), membership in which is limited to attorneys in practice 20 years or more who have had a significant impact in the field of employee benefits law. In November, 2009, he was inducted as a Fellow of the College of Labor & Employment Lawyers, an organization which recognizes excellence in the practice of labor and employment law for attorneys in practice 20 years and more. David has served as Program Co-Chair for the American Bar Association's National Institute on ERISA Litigation, its National Institute on ERISA Basics, and the National Institute on Who's Who In the Workforce. He has presented papers, instructed and lectured at these Institutes. He has appeared, presented papers and spoken at numerous other conferences and National Institutes covering collective bargaining, labor relations, employee rights and employee benefits issues.
Among the significant legal decisions obtained by Mr. Cook are:

Tackett v. M&G Polymers, 561.F.3d 478 (6th Cir. 2009) (reversing grant of dismissal of claims by retiree class for post-retirement health by U.S. District Court SD OH; 6th Cir. held LMRA Section 301(a) grants jurisdiction for claims of violation of collective bargaining agreements without prerequisite of proven violation; reversed dismissal of ERISA claims under Section 502(a)(1)(B) for benefits due under the Plan on remand to the District Court following trial found employer liable for life time, no contribution retiree health benefits (2011 U.S. Dist. Lexis 86806)(S.D. OH August 5, 2011); Permanent Injunction granted, 2012 U.S. Dist. Lexis 20927 (S.D. OH February 21, 2012)

Bailey et al. v. AK Steel, (S.D. Ohio, September 22, 2006) Preliminary injunction granted to class of 4800 retired AK Steel employees against significant reductions in retiree health care coverage; action for breach of collective bargaining agreements and ERISA. Class settlement in the amount of $663 Million to retiree VEBA trust approved. 2008 U.S. Dist. LEXIS 16704 (S.D. OH February 21, 2008). Settlement affirmed by 6th Cir. (unpublished) March 2009.

Prater v. Ohio Education Association, 505 F.3d 437 (6th Cir. 2007) (granting appeal of dismissed claims by class of OEA retirees seeking restoration of contractual retirees' health benefits under LMRA 301) (Class cert. granted 2008 U.S. Dist. LEXIS 88511 (S.D. Ohio June 2008). (Settlement for damages and funding of future benefits' establishment of Retiree VEBA, valued in excess of $50 million.)

Tucker v. City of Fairfield, 398 F.3d 457 (6th Cir. 2005) (affirming grant of preliminary injunction prohibiting the City on First Amendment grounds from enforcing a municipal ordinance against Tucker and the Union in their use of a rat balloon in labor demonstrations against an employer in a public right of way; and, holding there is no question that the use of a rat balloon to publicize a labor protest is constitutionally protected expression within the parameters of the First Amendment, especially given the symbol's close nexus to the Union's message.)

Horn et al. v. McQueen, et al., 215 F.Supp. 2d 867 (W.D. Ky 2002) (Liability determination following trial of $20,669,927 from two former trustees of US Corrections Corp. ESOP for breaches of fiduciary duty and prohibited transactions under ERISA)

Best v. Cyrus, 310 F.3d 932 (6th Cir. 2002) (suit against sole trustee of money purchase pension plan for failure to secure contributions, diversion of plan loan repayments, and failures to file forms required by ERISA,; judgment of $48,900 in favor of Kentucky State AFL-CIO Pension Plan)
National Post Office Mailhandlers v. United States Postal Service, 751 F. 2d 834 (6th Cir. 1985). (suit to enforce arbitration award)

Steen v. John Hancock Mutual Life Insurance Company, 106 F.3d 904 (9th Cir. 1997) (suit to recover for fiduciary breaches and prohibited transactions on behalf of H&W fund from former TPA)

Dennis v. Sawbrook Steel Castings Co., 792 F. Supp. 552 (S.D. OH 1991). (class action suit to reclaim illegal pension reversion)

Grimes, et al. v. Dayton-Walther Corporation, 680 F. Supp 1110 (W.D. OH 1987). ($3.6 MM judgment in LMRA 301 and ERISA suit for pension benefits)

Laborers' International Pen sion Fund v. DOD Contracts, Inc., 1996 Ohio App. LEXIS 4280 (4th District 1996). (denying review by state court of default judgment obtained by Trust Funds for contributions against employer, under Ohio's foreign judgments enforcement statute)

Buckeye Plastic Molding, 299 NLRB 1053 (1990) (reversing Board's decision in Westbrook Bowl, 274 NLRB 1009, 1012 (1985), rev'd and remanded sub nom. Service Employees Local 399 v. NLRB, 798 F.2d 1245 (9th Cir. 1986) and holding failure of timely service of charge within Section 10(b) period will be cured by service of Complaint within the 10(b) period).

Hollingsworth v. Time Warner Cable, 157 Ohio App. 3d 539 (1st District 2004) (overturning grant of summary judgment for employer in discharge of employee, finding prima facie case of pregnancy discrimination, retaliation for FMLA leave, violation of public policy against pregnancy discrimination and retaliation for contact with an attorney. On remand, following trial jury awarded $417,500 to Plaintiff including back pay, compensatory damages and punitive damages).

Mr. Cook has handled in excess of 250 labor arbitrations in his career, for the (former) PACE International (now USW), the USWA, the (now) BCTGM International) Local 213, Armco Employees Independent Federation, National Postal Mailhandlers (various locals), IBT (various locals), 1199/SEIU (OH/KY/WV), IUOE Local 20 (Stationary & Boiler Engineers), and Ironworkers Shopmens' Division (various locals).

Mr. Cook speaks regularly and presents at legal seminars, Continuing Legal Education seminars, and client attorneys' conferences. A complete list of papers and presentations is available upon request.

Areas of Practice

  • Labor and Employment
  • Employee Benefits
  • Toxic Torts

Bar Admissions

  • Ohio, 1978
  • U.S. District Court Southern District of Ohio, 1978
  • U.S. Court of Appeals 6th Circuit, 1983
  • U.S. Court of Appeals 8th Circuit, 1991
  • U.S. Court of Appeals 9th Circuit, 1995

Education

  • University of Cincinnati College of Law, Cincinnati, Ohio
    • J.D. - 1978
  • Indiana University
    • A.B. - 1975

Professional Associations and Memberships

  • Cincinnati Bar Association, Member
  • Ohio State Bar Association, Member
  • American Bar Association, Member