DAVID M. COOK
David is a Charter Fellow of the American College of Employee Benefits Counsel, and is also a Fellow of the College of Labor & Employment Lawyers.
He previously served as General Counsel for the National Postal Mail handlers Union, and as General Counsel for the Armco Employees' Independent Federation.
David served as a member of the AFL-CIO Center for Working Capital's National Advisory Council of Employee Benefits Professionals.
REPORTED DECISIONS*: Among the reported decisions for cases David has handled are:
Allied Construction Industries v. City of Cincinnati, No. 16-4249 (6th Cir. 2018) (successful appeal overturning U.S. District court ruling finding Cincinnati’s “Responsible Bidder Ordinance” to be preempted by ERISA.) (Mr. Cook served as counsel for Intervenor Laborers’ International Union Local 265.)
Mercier, et al. v. Veterans Administration, 786 F.3d 971 (Fed. Cir. 2015). (appeals court decision overturning U.S. Court of Federal Claims dismissal of action. Appeals court re-established the standard for obtaining overtime pay for Title 38 VA employees (Advanced Practice Nurses and Physician’s Assistants) as whether the government “induced” the employee(s) to work overtime.) (On remand, class certification granted June 7, 2018; David M. Cook appointed Class Counsel.)
Tackett v. M&G Polymers, 135 S. Ct. 935 (2015). (Settled in bankruptcy court for allowed claim of $22.3 Million in APBO (value of future benefits), $934,000 in actual damages, and $7.8 Million in attorneys’ fees and costs.)
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 Settlement affirmed by 6th Cir. (unpublished) March 2009.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) (Structured settlement for damages and funding of future benefits by establishment of a VEBA Trust, valued at $38,000,000.)
Tucker v. City of Fairfield, 398 F.3d 457 (6th Cir. 2005) (affirming grant of preliminary injunction prohibiting the City of Fairfield on First Amendment grounds from enforcing a municipal ordinance against Union use of a rat balloon in labor demonstrations against an employer in a public right of way.)
Horn et al. v. McQueen, et al., 215 F.Supp. 2d 867 (W.D. KY 2002) (Obtained judgment of $20,669,927 against two former trustees of US Corrections Corp. ESOP for breaches of fiduciary duty and prohibited transactions under ERISA.)
(*Results achieved in the matters listed do not guarantee any particular result in any future case. We make no representations concerning the likelihood of success as to any future matter.)
David has served in various capacities in the American Bar Association Section of Labor & Employment Law, including: Current Vice-Chair of the ABA Section of Labor & Employment Law ("LEL") Annual CLE Planning Committee; Co-Chair of the ABA LEL Section Employee Benefits Committee (1996 to 1999); member of the ABA's Joint Committee on Employee Benefits during 1998 and 1999; Senior Editor for Employee Benefits Law (BNA, Second Edition, 2000) annual supplements - including chapters on Civil Procedure & Enforcement, Collective Bargaining & Employee Benefits, and Ethics and Evidentiary Privilege.
David has appeared and presented papers and presentations at over 65 programs, seminars and CLE programs across the US.
David has been active in the community and his church for over 40 years, including service on the boards of Minorities in Math, Science & Engineering, and the Better Housing League, serving as a knothole baseball coach, and in a number of leadership positions in his church.
He has two grown children of whom he is extraordinarily proud.
Areas Of Practice
- Labor and Employment
- Employee Benefits
- Wage & Hour/FLSA
- US Government Title 38 Claims
- Title IX Claims
- Executive Employment Agreements, Compensation & Severance
- 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
- U.S. Supreme Court, 2006
- University of Cincinnati College of Law, Cincinnati, Ohio
- J.D. - 1978
- Indiana University
- A.B. - 1975
- Allied Construction Industries v. City of Cincinnati, No. 16-4249 (6th Cir. 2018)
- Mercier, et al. v. Veterans Administration, 786 F.3d 971 (Fed. Cir. 2015)
- Tackett v. M&G Polymers, 135 S. Ct. 935, 2015
- Bailey et al. v. AK Steel, (S.D. Ohio, September 22, 2006)
- Prater v. Ohio Education Association, 505 F.3d 437 (6th Cir. 2007)
- Tucker v. City of Fairfield, 398 F.3d 457 (6th Cir. 2005)
- Horn et al. v. McQueen, et al., 215 F.Supp. 2d 867 (W.D. KY 2002)
Honors and Awards
- Fellow, College of Labor & Employment Lawyers
- Charter Fellow, American College of Employee Benefits Counsel
Professional Associations and Memberships
- Cincinnati Bar Association, Member
- Ohio State Bar Association, Member
- American Bar Association, Member
- American Bar Association, Section of Labor & Employment Law