Cases

The following are some representative cases in which David Schoen has served as lead counsel, many of which resulted in landmark decisions:

Civil Rights and Commercial Litigation

  • Class action striking down Alabama’s foster care system as unconstitutional;
  • Class action striking down Alabama’s system of public education as unconstitutional;
  • Class action leading to the establishment of new procedures for indigent pretrial detainees in Alabama;
  • Actions striking down Alabama’s Ballot Access laws for small parties and independent political candidates;
  • Class action establishing new procedures for conditions of confinement in segregation custody in Alabama;
  • Class actions establishing new conditions of confinement for inmates at many county jails;
  • Actions for damages against various police departments and businesses for excessive force, false arrest, etc.
  • Action for injunction against public officials for sponsoring official prayers at public school events;
  • Wrongful death actions, including largest award for police shooting/wrongful death case in Alabama;
  • Bivens actions and FTCA actions against federal agents for unlawful conduct;
  • Fair Housing Act actions against newspapers for discriminatory housing ads;
  • Fair Housing Act action for Arab-American professor beaten and intimidated based on his ethnicity;
  • Defense of a Jehovah’s Witness in action by hospital seeking to force a blood transfusion (right to die case);
  • Action challenging institutional good time credit procedure as racially discriminatory;
  • Damages action on behalf of criminal defendant wrongly convicted of murder with false evidence;
  • Damages action for female inmate subjected to brutal conditions of confinement;
  • Damages and injunctive relief action for Muslim inmate leading to establishment of Islamic services;
  • Action for liquor store owner striking down zoning ordinance as unconstitutional;
  • Defense of Democratic Party of the United States on claim of race discrimination (with Hogan & Hart son);
  • Religious discrimination in employment case against E.I. Dupont de Nemours & Co.;
  • Action on behalf of Ku Klux Klan striking down anti-masking and other public march prohibitions;
  • Defense of a national chain of nursing homes in racial discrimination employment case;
  • Defense of trademark infringement cases challenging the secondary market in luxury goods;
  • Representation of dual citizen employee of major defense contractor stripped of security clearance;
  • Prosecution of FOIA case in 6th Circuit;
  • Representation of professional athletes in employment compensation and endorsements contracts;
  • Representation of DC’s largest taxicab company against Metropolitan Washington Airports Authority;
  • Representation of the Plaintiff in a legal malpractice case against a major Washington law firm.
  • Representation of a consortium of alternative energy producers and suppliers in a complex tax case.

 

Criminal Defense Cases

  • Defense of reputed boss of one of New York’s so-called five Mafia families in racketeering murder case;
  • Defense of man alleged to be most powerful Italian Mafia figure in the world in racketeering murder case;
  • Defense of alleged leader of the so-called Russian Mafia in America in narcotics case;
  • Defense of alleged leadership of so-called Israeli Mafia in America in narcotics case;
  • Defense of alleged member of Latin Kings in racketeering murder/Hobbs Act case;
  • Numerous capital murder cases at trial, appellate, and post-conviction levels;
  • Provided motions work for defense of 2 alleged narcotics trafficking kingpins;
  • Defense of officers and directors of publicly traded company in alleged $200million fraud case;
  • Defense of tax and securities prosecution of popular nationally syndicated radio host and author;
  • Consulted for defense of securities prosecution of CEO of large publicly traded company;
  • Defense of officer of secondary market trading company accused of criminal trademark infringement;
  • Post-conviction representation of CEO of securities firm in securities and money-laundering case;
  • Post-conviction representation of alleged narcotics trafficker leading to landmark 2nd Cir. decision;
  • Post-conviction representation of alleged narcotics trafficker leading to landmark legal ethics decision;
  • Co-counsel for appeal of securities conviction for well-known CEO of publicly traded company;
  • Co-counsel for appeal of sentence for well-known doctor, leading to a new sentencing doctrine;
  • Post-conviction representation establishing maximum sentence after Apprendi in marijuana case;
  • Appeal in multi-defendant case establishing new defense in 2nd Cir. of entrapment by estoppel;
  • Appeal in 2nd Cir. criminal tax prosecution raising issue of first impression under 21 U .S.C. 7202;
  • Appeal for lead defendant in alleged largest heroin distribution in New York;
  • Conducted defense investigation in many cases which led to non-prosecution decisions for clients including a Mayor accused of bank fraud and other crimes, a financial consultant with ties to defendants in a major pump and dump scheme; the CEO of a brokerage firm investigated for wire and mail fraud, and an employee of an international pharmaceutical company.

 

I have handled numerous other trials and appeals and have many other pending cases. This is a representative sampling of my recent cases. Many of the cases have resulted in published decisions. Several also have been the subject of feature television, magazine, book, and newspaper pieces.

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