David Burke counsels a variety of health care, managed care, insurance, and other clients. As a member of the Labor, Employment, and Benefits Group, he represents managed care companies in defending against lawsuits for wrongful termination of employment brought by physicians and executives. He also renders advice on matters relating to union contract negotiations, grievance resolution, employment law, employee manuals, wrongful termination, wage and hour issues, employment contracts, noncompetition agreements, severance agreements and releases, and other labor/management matters. He represents employers before the Connecticut Commission on Human Rights and Opportunities and the New York State Division of Human Rights, defending against charges of age, race, and sex discrimination; sexual harassment; and sexual preference discrimination.
He also represents physicians and other health care professionals in disciplinary matters before state licensing boards and with regard to the enforceability of contractual noncompete clauses. He also represents other clients in various types of insurance litigation, including personal injury claims, errors and omissions claims, and subrogation actions.
For 20 years prior to his admission to the bar in 1988, Mr. Burke held administrative positions in New York and New Jersey hospitals, where he negotiated labor contracts with the major hospital unions. While at Bellevue Hospital in New York, he had major involvement in the planning and successful completion of "The New Bellevue," a modern 25-story general hospital.
Professional Associations
- Connecticut Bar Association, 2000, Chair of Health Law Section
- American Bar Association, Connecticut and New York Member
Community Involvement
- Pace University School of Law, Member of Alumni Association
- A Better Chance of Ridgefield, Board Member
- Community Health Charities, Board of Directors
- Stamford Emergency Medical Services, Inc., Past Chairman of Board of Directors
Experience
- Successfully represented client in protracted labor negotiations over two year's time. Representation included mediations before the Federal Mediation and Conciliation Service, successful defense of a job action that was ultimately abandoned by the union, successful defense of several unfair labor practice charges, unilateral implementation of final economic offer, and successful demand of a new no-strike clause, which requires the union to provide 120 days post-impasse notice of any future job action.
- Successfully defended, in U.S. District Court, 19-count complaint for wrongful termination, emotional distress, violation of the Age Discrimination in Employment Act and the Connecticut Fair Employment Practices Act, and many common law claims against both individual supervisors and a corporate client, a national HMO. Obtained dismissal of several claims via motion to dismiss and obtained dismissal of the remainder of the 19 claims, following deposition of plaintiff, on motion for summary judgment.
- Represented, in Connecticut state court, claim under CFEPA for sexual orientation discrimination. Plaintiff claimed she had been discriminated against and terminated because of her sexual preference. Took plaintiff's deposition and deposition of her ex-partner, which led to very successful resolution of the claims against a corporate client, a national HMO, and the individual supervisor.
- Successfully defended, in U.S. District Court, reverse race discrimination claim under Title VII by white male employee. Obtained summary judgment for national HMO client.
- Successfully conducted and reached settlement in labor negotiations with the paramedic/EMT union, International Association of EMTs and Paramedics (IAEP). Fourth successful contract negotiation for this client, which has not had a grievance or arbitration in six years.
- Completed negotiations and conducted closing with co-owner nonprofit ambulance company for the purchase of its shares of stock in wholly owned, for-profit subsidiary.
- Manage all of the labor and general legal matters for nonprofit ambulance company and wholly owned, for-profit subsidiary. Assure legal compliance for the pension plans for both companies.
- Obtained dismissal of a Title VII wrongful termination case against client (race and national origin) in the Connecticut Commission on Human Rights and Opportunities (CHRO).
- Successfully defended client, a national HMO, sued on an order to show cause for a preliminary injunction in Supreme Court in Westchester, NY. The claim involved a doctor who contended that the HMO discriminated against him because he was unwilling to do certain minor surgical procedures in his office setting as opposed to in a hospital operating room. Defeated physician's demand for preliminary injunction following a hearing. Later won motion to dismiss the entire complaint.
- After a hearing at DPH, obtained withdrawal of charges brought against an employee (paramedic) of nonprofit ambulance company client by the Connecticut Department of Public Health, based upon its claim that he had done a negligent intubation and had negligently handled a cardiac arrest on the way to the hospital emergency room. The patient had eventually died in the hospital. Case implicated possible liability of the company (respondeat superior).
- Successful in recovering, for international pharmaceutical company client, $7.5 million in a New York (Westchester County) bank account by showing that it was the result of fraud and embezzlement on the part of one of client's executives in South America.
- Conducted five days of depositions and took the testimony of the debtor (cross-examination) at 13-hour bankruptcy trial. Obtained conversion of the case from Chapter 11 to Chapter 7 and relief from the automatic stay, which was the total result that the client was seeking.
- Defended a race discrimination claim (§1981) in the U.S. District Court for the Eastern District of Pennsylvania. Later settled the claim for less money than authorized.
- Successfully defended a CHRO claim of age discrimination, brought by a 60-year-old woman who had been terminated by our client. Presented five witnesses at the fact-finding, prompting the plaintiff eventually to withdraw her case.
- Defended insurance agency on an errors and omissions claim in Supreme Court in Nassau County, NY. Obtained dismissal of all claims (both a third-party claim and a first-party claim) against the agency on a motion to dismiss.
- Successfully defended client, an insurance agency, against claims of negligence and breach of contract in a five-day trial in Stamford Superior Court.
- Provided compliance counsel for tax-exempt hospital selling all operating assets of one of its significant divisions to a publicly traded corporation.
- Defended employer in age and disability discrimination case before N.Y. State Division of Human Rights. Successfully directed employer's efforts during fact-finding by division, where six employees were questioned by investigator regarding the complainant's allegations.
- Defended a pharmaceutical company in a lawsuit filed by a former employee alleging discrimination on the basis of age and national origin. Prevailed on summary judgment after establishing the plaintiff waived the right to bring suit after his termination due to his agreement and signature to a valid release as defined by New Jersey law. In so doing, a New Jersey U.S. District Court Judge rejected the plaintiff's argument that he did not understand the import of the release, due in part to the fact that he negotiated for modification of its terms and had previously signed such a release in connection with another employer. In addition, the plaintiff's doctoral degree, the amount of time he was given to consider the release, and the fact that he never asked questions about the terms of the release-even when repeatedly offered the opportunity to do so by our client-indicated he knowingly and voluntarily relinquished the claims he brought against our client.
- Defended a shoe design company in a lawsuit filed by a former employee alleging sexual harassment and hostile environment charges. A Connecticut U.S. District Court Judge dismissed the case and agreed with the defendant's legal argument that the plaintiff's allegations did not amount to a severe and pervasive hostile work environment as compared to established law in the Second Circuit.
Publications & Presentations
Articles
- "This Isn't Discriminatory - And I'm Not Going To Investigate It! Retaliation? Good Policy?" coauthored with Rita B. Trivedi (Vol. 17, Issue 3, Fall 2010), published in Connecticut Bar Association Labor & Employment Law Quarterly
- "HMO, Not Physician, Has Right to Determine Where to Perform Minor Surgery" (Winter 2003), published in DRI Life, Health & Disability Newsletter
Books
- ERISA Survey of the Federal Circuits (2005 edition), published by ABA Publishing, Tort & Insurance Practice Section, Health and Disability Insurance Law Committee, contributing author
Presentations
- "Basic Employment Law Concepts" presented at a roundtable of several health care executives
- "Sexual Harassment Prevention: Manager Training" presented at Connecticut Business and Industry Association (CBIA)
News
10.27.10, Attorneys Coauthor Article Published in Connecticut Bar Association Labor & Employment Law Quarterly
8.24.10, Community Dedication Honored and Summer Associates Return to School
1.13.10, Robinson & Cole Attorneys Obtain Dismissals in Five Employment Discrimination Cases
12.28.09, Robinson & Cole Attorneys Obtain Dismissals in Two Employment Discrimination Cases