Daniel N. Nightingale

Biography

Cases

Class Actions

• Representing a major automobile insurance company and recurring client in defense of favorable summary judgment and class certification rulings on appeal before the Ninth Circuit in a nine-figure, 80,000 member class action challenging client's valuation methodology for total loss vehicles.
• Persuaded the Colorado Court of Appeals to accept discretionary appeal of a district court's order granting class certification in a case concerning Colorado's hospital lien statute. WTO currently represents the hospital on the merits of appeal.
• Representing a major kitchen appliance manufacturer in a products liability class action covering three states and thousands of putative class members.
• Successfully defended the royalty interest owners of an oil well in the appeal of a $150 million class action verdict against the first oil purchaser.

Commercial

• Representing an oil and gas company as post-trial and appellate counsel to defend a verdict of over $40 million in a complex commercial dispute involving an agreement to develop assets in Latin America.
• Representing a medical device company in post-trial and appellate proceedings in a case presenting questions of first impression under Colorado products liability law.
• Won affirmance of a favorable jury verdict for the general partner of a real estate company in a complex commercial dispute with limited partners.
• Represented a corporate owner of a Texas liquor permit in an appeal challenging the state's attempt to invalidate the permit.
• Won a take-nothing judgment after a full bench trial for an oil company in an employment dispute with an executive.

Constitutional

• Representing a doctor and a law professor in amicus briefs in cases concerning military vaccine mandates for service members before the U.S. Supreme Court and the Fifth, Sixth, and Ninth Circuit Courts of Appeals.
• Won reversal of multiple adverse rulings in the Fifth Circuit for a publisher raising First Amendment challenges to state statutes concerning 3-D printing instructions.
• Represented several minority groups in filing a U.S. Supreme Court amicus brief that was quoted in a concurring opinion in a landmark case that defines the scope of the Second Amendment.
• Represented the corporate agent of a hospital in an appeal seeking dismissal of a lawsuit that challenged the agent's First Amendment rights.
• Representing a victim of police brutality on a pro bono basis in a civil rights case against a sheriff's deputy.

Publications & Speaking Engagements

Articles

• "Take a Page From The Onion: A General Counsel's Guide to Effective Amicus Advocacy," Co-Author, Corporate Compliance Insights, (October 19, 2022).
• Comment: Autonomous Weapons & the Problem of State Accountability, 15 CHI. J. INT'L. L. 652 (Febuary 2015).

Other Experience

Legal Memberships, Activities, and Honors

Personal Interests