David J. Marshall's Notable Case Successes
Thirteen Flight Attendants v. United Airlines (2016)
United Airlines and 13 flight attendants that the company relieved of their duties in October 2014 announced on March 8, 2016, that they reached a resolution to their disagreement. The flight attendants filed a complaint with the U.S. Occupational Safety and Health Administration (OSHA) under AIR 21. As part of the settlement, United will reinstate the flight attendants to their duties and the flight attendants will withdraw their OSHA filing. The remaining terms of the resolution reached between the parties are confidential. Mr. Marshall led the Katz, Marshall & Banks team responsible for representing the flight attendants.
U.S. ex rel Tracy Lovvorn v. Extendicare Health Services, Inc. (E.D. Pa. 2014)
In October 2014, whistleblower Tracy Lovvorn and the U.S. Department of Justice announced a $10 million settlement of Ms. Lovvorn’s 2010 qui tam lawsuit against a company whose skilled nursing facilities had provided patients with unnecessary therapy for the sole purpose of obtaining higher reimbursements from Medicare. Mr. Marshall led Katz, Marshall & Banks’ team in representing Ms. Lovvorn jointly with Vogel, Slade & Goldstein. Ms. Lovvorn, who was fired as Extendicare’s Area Director of Rehabilitation for opposing the unlawful practices, received $1.8 million as her relator’s share of the Medicare fraud settlement, plus another $990,000 in settlement of her claims against Extendicare for retaliation and attorneys’ fees.
U.S. ex rel Michael Lindley v. Gallup Organization (D.D.C. 2013)
Mr. Marshall represented whistleblower Michael Lindley in U.S. ex rel. Lindley v. Gallup Organization, a qui tam and retaliation lawsuit that resulted in 2013 in the recovery of $10.5 million in taxpayer funds from a market-research company that called itself “the most trusted name in polling.” Lindley’s lawsuit alleged that, as Gallup’s Director of Client Services, he found that the company was routinely submitting inflated cost projections to U.S. government agencies in connection with market-research contracts, enabling Gallup to reap huge profits for its work. Lindley’s complaint also claimed that Gallup fired him unlawfully after he reported these practices to senior management. Lindley received $1,929,363 as his share of the government’s settlement with Gallup. He resolved his claims of retaliation with the company on confidential terms.
Speegle v. Stone & Webster (U.S. Dept. of Labor ARB 2009)
In September 2009, Mr. Marshall led the KMB legal team that secured an important victory for whistleblowers in the nuclear energy industry. After KMB client James Speegle lost his job in 2004 for blowing the whistle on nuclear safety lapses at TVA’s Browns Ferry nuclear plant in Alabama, Mr. Marshall represented Mr. Speegle at trial and on appeal to the U.S. Department of Labor’s Administrative Review Board. In a September 2009 decision reinforcing the rights of nuclear workers to speak out about safety issues without fear of retaliation, the Board reversed the trial judge and ruled Mr. Speegle entitled to “the relief that the Energy Reorganization Act affords to a successful litigant.”
Richard Pullman v. Nat’l Air and Space Museum (U.S. Dept. of Labor ALJ 2009)
In 2008 and 2009, Mr. Marshall represented a Smithsonian worker in a whistleblower lawsuit alleging that management at the Air and Space Museum had retaliated against him for speaking out about dangerous levels of asbestos in the museum’s walls. After lighting specialist Richard Pullman filed his whistleblower complaint under the Clean Air Act, the Smithsonian admitted it had known about the asbestos since 1993 but had not told the workers about the problem. Mr. Marshall and KMB associate Alexis Ronickher litigated Pullman’s case before the Department of Labor and negotiated a successful settlement in July 2009.
Joe Walters v. Deutsche Bank (U.S. Dept. of Labor ALJ 2009)
In March 2009, Mr. Marshall and associate attorney Maura Dundon won a groundbreaking decision that greatly expanded the coverage of the Sarbanes-Oxley Act’s whistleblower provisions.
Capitol Tunnel Workers v. Architect of the Capitol (Cong. Office of Compliance 2007)
In 2006 and 2007, Mr. Marshall represented ten U.S. Capitol tunnel workers in a whistleblower retaliation complaint against the Architect of the Capitol, which is an agency of the U.S. Congress. The workers charged the Architect with harassing and threatening them after they alerted Congress in March 2006 to the life-threatening levels of asbestos and other hazards they faced while working in the utility tunnels that run beneath the U.S. Capitol. In June 2007, the workers and the Architect agreed to a substantial out-of-court settlement that was later approved by the Congressional Office of Compliance.
Consumer Class Actions
In addition to representing whistleblowers, Mr. Marshall has served as class counsel in a number of consumer class-action lawsuits. In 1999-2000 he played a leading role in class actions against the magazine sweepstakes industry, resulting in a $42 million-dollar settlement. In 2001, along with Georgetown University Law Professor Gary Peller, Mr. Marshall served as co-lead counsel in a nationwide class-action lawsuit against the largest “payday” lender in the U.S. The 2003 settlement in this case, in which Mr.Marshall and Mr. Peller partnered with the AARP Foundation Litigation and leading consumer advocates, relieved low-income borrowers of over $50 million of dollars in debt, distributed cash payments to borrowers, and paid cy pres awards to the National Consumer Law Center, the Community Reinvestment Association of North Carolina, and Texas Rural Legal Aid, Inc. — three organizations that play leading roles in the fight against predatory lending.