David T.Raimer (Dave)

Partner

Washington + 1.202.879.3890

David Raimer focuses his practice on appellate advocacy and coordinating briefings in complex, multijurisdictional proceedings. He has experience in a wide range of substantive legal areas, including labor and employment law, the Employee Retirement Income Security Act (ERISA), antitrust, efforts to obtain discovery in aid of foreign proceedings, and cases involving First Amendment or religious freedom issues.

David has litigated matters at all levels of the U.S. court system, including the United States Supreme Court, and has represented clients in cases pending before international and domestic arbitration tribunals. In the process, he has presented oral argument before appellate and district courts, drafted dozens of appellate briefs and dispositive motions, and coordinated parallel proceedings across multiple jurisdictions. Among other things, David has successfully defended employers in lawsuits alleging breach of fiduciary duties and in withdrawal liability arbitrations. He has litigated a variety of matters involving federal antidiscrimination laws and helped an employer secure a rare victory before the Second Circuit in a case challenging a National Labor Relations Board (NLRB) unit determination. He was also part of the team that obtained relief for more than 60 religious nonprofit organizations in a challenge to federal regulations that had made it impossible for those entities to offer health coverage in a manner consistent with their beliefs.

David maintains an active pro bono practice and has represented clients in appeals involving compelled speech, First Amendment retaliation claims, and immigration law.

Experience

  • Directors of D.C. religious nonprofit win complete dismissal of claims alleging fiduciary violations and breach of contractJones Day secured dismissal of a longstanding suit against a D.C. religious nonprofit and its directors. In August 2022, the D.C. Court of Appeals reversed a $530 million judgment against the directors, vindicating their rights under the First Amendment.
  • Blue Cross Blue Shield of Massachusetts prevails in First Circuit on ERISA claims brought by Massachusetts Laborers’ Health & Welfare FundIn an important win for the third-party administrator (TPA) industry, Jones Day persuaded the U.S. Court of Appeals for the First Circuit to affirm the dismissal of ERISA claims brought by the Massachusetts Laborers’ Health & Welfare Fund against Blue Cross Blue Shield of Massachusetts (BCBSMA).
  • UPMC prevails in trial before Commonwealth Court of PennsylvaniaJones Day won a bench trial on behalf of the University of Pittsburgh Medical Center ("UPMC"), one of the nation's preeminent integrated healthcare systems.
  • The Kyrgyz Republic defends against recognition and enforcement of $16 million arbitral award in U.S. District CourtJones Day is representing the Kyrgyz Republic and its Ministry of Transport and Communications in an action in U.S. District Court for the District of Columbia to recognize and enforce a $16 million UNCITRAL Rules international arbitral award under the New York Convention.
  • Peabody Energy successfully litigates and settles $644 million withdrawal liability assessment by UMWA 1974 Pension PlanJones Day successfully defended Peabody Energy Corporation against a $644 million withdrawal liability claim by the UMWA 1974 Pension Plan, which alleged that Peabody's spinoff of Patriot Coal Company was done to evade or avoid withdrawal liability.
  • Constellation obtains rare victory in micro-bargaining unit caseJones Day client Constellation Brands U.S. Operations, Inc. secured a rare victory in a case challenging a National Labor Relations Board ("NLRB" or "Board") unit determination.
  • Macy's obtains strong dissent from denial of rehearing in micro-union caseIn a strong rebuke to the National Labor Relations Board ("NLRB" or the "Board"), six judges dissented from the denial of a petition for rehearing en banc filed by Jones Day on behalf of Macy's, Inc. in the U.S. Court of Appeals for the Fifth Circuit.
  • Federal inmate obtains U.S. Supreme Court decision unanimously rejecting application of FTCA "judgment bar" to Eighth Amendment Bivens suitOn June 6, 2016, the Supreme Court of the United States ruled unanimously in favor of Jones Day's client, a federal inmate named Walter Himmelreich, in a case involving the "judgment bar" of the Federal Tort Claims Act (FTCA).
  • GM wins Sixth Circuit appeal affirming dismissal of ERISA "top hat" litigationOn August 6, 2013, the U.S. Court of Appeals for the Sixth Circuit ruled in favor of Jones Day's client, General Motors LLC ("GM"), and affirmed the dismissal of a lawsuit brought by 113 former executives over changes made to an executive retirement plan during the bankruptcy of General Motors Corporation.
  • U.S. Commission on International Religious Freedom earns dismissal of EEOC's religious discrimination claimsJones Day represented the U.S. Commission on International Religious Freedom ("USCIRF") and its former chairman in this proceeding in which the complainant, a Muslim woman, alleged that USCIRF discriminated against her on the basis of religion by (1) rescinding a job offer it had extended to her; and (2) failing to renew her temporary contract.
  • Additional Speaking Engagements

    • May 4, 2016
      Compliance in the Precision Medicine Era: Legal Considerations for the Contemporary Life Sciences Industry