People: David D. Kadue, Partner

Photo of David D. Kadue, Partner

David D. Kadue

Partner

Los Angeles - Century City
Direct: (310) 201-5211
Fax: (310) 201-5219
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Mr. Kadue, a member of the Firm’s Labor and Employment Practice Group, has been a partner since 1988 and represents management in all areas of employment law.  His practice traditionally emphasized litigation, primarily the defense of claims for workplace harassment, wrongful termination, and employment discrimination.  In recent years he has concentrated on defense of class actions alleging patterns of employment discrimination or violation of wage and hour laws.  He also advises employers with respect to employment contracts, employment policies, employee handbooks, and investigations of alleged employee misconduct.

Mr. Kadue has taught law at Southwestern University School of Law in Los Angeles and the University of Miami Law School in Coral Gables, Florida, and has served as an arbitrator on the employment law panel of the American Arbitration Association.  He served successive terms as a law clerk to Judges of the United States Court of Appeals for the Eighth Circuit and the D.C. Circuit.

Mr. Kadue, a member of the Firm’s Labor and Employment Practice Group, has been a partner since 1988 and represents management in all areas of employment law.  His practice traditionally emphasized litigation, primarily the defense of claims for workplace harassment, wrongful termination, and employment discrimination.  In recent years he has concentrated on defense of class actions alleging patterns of employment discrimination or violation of wage and hour laws.  He also advises employers with respect to employment contracts, employment policies, employee handbooks, and investigations of alleged employee misconduct.

Mr. Kadue has taught law at Southwestern University School of Law in Los Angeles and the University of Miami Law School in Coral Gables, Florida, and has served as an arbitrator on the employment law panel of the American Arbitration Association.  He served successive terms as a law clerk to Judges of the United States Court of Appeals for the Eighth Circuit and the D.C. Circuit.

Education

  • J.D., University of Minnesota Law School (1978)
    cum laudeNotes & Comments Editor of the Minnesota Law Review
  • B.A., Yale University (1975)
    cum laude

Admissions

  • California
  • Minnesota

Courts

  • United States Supreme Court
  • U.S. Court of Appeals for the Fourth, Fifth, Eighth, Ninth and District of Columbia Circuits
  • Various Federal District Courts

Affiliations

  • American Bar Association
  • Beverly Hills Bar Association
  • Los Angeles County Bar Association

Representative Engagements

  • Head v. Costco Wholesale Corp., Case No. B222841 (Cal. Ct. App. February 10, 2011) (affirming summary judgment against certified class of 800 managers claiming miscalculation of overtime pay upon reclassification of managers from exempt to nonexempt)
  • The San DiegoUnion-Tribune, LLC, Case No. 37-2009-00082322-CU-OE-CTL (Cal. Super. Ct.) (putative class action alleging that defendant misclassified newspaper carriers as independent contractors instead of employees)
  • McClatchy Newspapers, Inc. adv, Galindo, Case No. 34-2009-00033950-CU-OE-GDS (Cal. Super Ct.) (putative class action alleging that defendant misclassified newspaper carriers as independent contractors instead of employees)
  • Costco Wholesale Corp. v. Superior Court, 47 Cal. 4th 725 (2009) (reversing Court of Appeal and holding that trial court erred in directing an in camera review of opinion letter Costco received from outside counsel, as that direction violated the attorney-client privilege and statutory prohibitions against requiring disclosure of information claimed to be subject to the attorney-client privilege in order to rule on a claim of privilege)
  • NorthCounty Times adv. Dalton, Case No. 08-CV-1072 BTM NLS (S.D. Cal.) (class action alleging that defendant misclassified newspaper carriers as independent contractors instead of employees)
  • Alvarado v. Costco Wholesale Corp., Case No. C 06-04015 MJJ (N.D. Cal. 2007) (granting summary judgment against named plaintiff in putative class action for alleged off-the-clock work)
  • Marin v. Costco Wholesale Corp., 169 Cal. App. 4th 804 (2008) (reversing judgment and ordering judgment to be issued for the corporate defendant in a class action alleging failure to pay proper overtime on a semi-annual hourly bonus)
  • Harrington v. Ruth’s Chris Steak House, Case No. BC 324571 (Cal. Super. Ct.) (wage-hour class action seeking meal-period and rest-break pay, unpaid wages, and uniform and tool cost reimbursement)
  • Castenada v. Costco Wholesale Corp., Case No. BC 399302 (Cal. Super. Ct.) (denying class certification to employees alleging they were unpaid while being forced to remain on premises after business hours)
  • Ellis v. Costco Wholesale Corp., Case No. C04 3341 MHP (N.D. Cal.) (nationwide gender discrimination class action by women claiming denial of promotion to upper warehouse manager positions)
  • Edmisten v. Dollar Tree Stores, Inc., Case No. 03CC00505 (Cal. Super. Ct.) (wage-hour class action seeking wages and penalties for meal-period and rest-break violations)
  • Williams v. Dollar Tree Stores, Inc., Case No. 03CC00505 (Cal. Super. Ct.) (wage-hour class action seeking overtime pay for allegedly misclassified store managers)
  • Randall v. Costco Wholesale Corp., Case No. BC 296369 (Cal. Super. Ct.) (wage-hour class action by department managers claiming they were misclassified as exempt and are owed overtime pay)
  • Ha v. Daewoo Motor America, Inc., Case No. BC 227451 (Cal. Super. Ct.) (wage-hour class action seeking minimum wage and overtime pay by 5,000 student workers who allegedly were employees, not independent contractors)
  • Wessling v. AMN Healthcare, Inc., Case No. 01 CV 0757 W (RBB) (putative class action by female employees alleging that exclusion of prescription contraceptives in otherwise comprehensive health care plan violates Title VII)
  • Erickson v. Bartell Drug Co., Case No. C00-1213L (W.D. Wash.) (class action by female employees alleging that exclusion of prescription contraceptives in comprehensive health care plan violates Title VII)
  • Miranda v. Prudential Ins. Co. of Am., Case No. C96-9372 (W.D. Wash.) (employment discrimination claims of putative class action of insurance sales agents; class action allegations dismissed after discovery)
  • Ackerman v. Warnaco Inc., Case No. 94-3527 (W.D. Pa. 1994) (lawsuit by 169 plaintiffs alleging wrongful denial of severance pay after plant  shutdown)
  • Elliott v. Kaiser Steel Corp., Case No.   (C.D. Cal.) (class action for retiree benefits by 2400 retirees)
  • Selman v. Foote Cone & Belding, JAMS Case No. 1100034348 (September 16, 2002) (complete defense award, after 17-day hearing, against claims of breach of contract, sexual harassment, retaliation, and disability discrimination brought by dismissed executive creative director)
  • White v. Ultramar Inc., 21 Cal. 4th 563 (1999) (holding that “managing agent,” whose actions create vicarious employer liability for punitive damages, must be employee who exercised substantial discretionary authority over significant aspects of corporation’s business)
  • Burrahm v. Impco Technologies, Inc., Case No. VC 026992 (Cal. Super. Ct. 1999) (complete defense jury verdicts against three plaintiffs on all claims, including breach of contract, fraud, and wrongful termination in breach of public policy)
  • Movsesian v. Bosley Medical Institute, Case No. BC 187752 (Cal. Super. Ct. 1999) (defense jury verdicts on behalf of individual defendant on sexual harassment and defamation claims and corporate defendant on retaliation claims)
  • Strother v. Southern California Permanente Medical Group, 79 F.3d 859 (9th Cir. 1996) (partially affirming summary judgment and holding that plaintiff alleging harassment in employment cannot pursue claims under California Unruh Act or directly under California Constitution)
  • Gonzalez v. MethPath Inc., 214 Cal. App. 3d 422 (1989) (upholding summary judgment and awarding defendant $10,000 in attorney’s fees against plaintiff claiming discriminatory denial of promotion)
  • Harris v. Alumax Inc., 897 F.2d 400 (9th Cir. 1985) (upholding summary judgment  against breach of contract and emotional distress claims)
  • Potter v. Daewoo Motor America, Inc., Case No. TC012556 (Cal. Super. Ct. 2000) (summary judgment against executive alleging constructive discharge as a whistleblower and asserting pseudo-class allegations on behalf of American workers with respect to Korean expatriates)
  • Howard v. Honeywell Inc., Case No. SC033003 (Cal. Super. Ct. 1996) (summary judgment against company paralegal allegedly fired for whistleblowing)
  • Hart v. Times Advocate Co., Case No. N65552 (Cal. Super. Ct. 1996) (summary judgment against claim of disability discrimination)
  • Adams v. NEC America, Inc., Case No.  BC 127812 (Cal. Super. Ct. 1996) (summary judgment against dismissed salesperson’s claim of breach of employment contract)
  • Brown v. AT&T, Case No. CV 93 02656 LGB (C.D. Cal. 1994) (summary judgment granted against claim of race and age discrimination), aff’d mem., (9th Cir. 1996)
  • Czerny v. Hilton Hotels Corp., Case No. BC 015653 (Cal. Super. Ct. 1993) (complete defense jury verdict against claims of sexual harassment)
  • Portillo v. McAnally Enterprises, Inc. (Cal. Super. Ct. 1988) (complete defense judgment in bench trial on contract and employment discrimination claims)

Publications

Books

  • “Age Discrimination In Employment Law,” BNA (2003)
  • “Public Employee Privacy:  A Legal and Practical Guide To Issues Affecting The Workplace”(1995)
  • “Sexual Harassment In Employment Law”(1992 & Supps. 1997, 1999)
  • “Primer On Sexual Harassment” (1992)

Book Chapters

  • Chapter 2, “The Hiring Process,” Merrick Rossein,Employment Law Deskbook for Human Resources Professionals (West Group 2002)
  • Chapter 1, “The Legal Context,” James J. McDonald, Jr. & Francine B. Kulick, Mental and Emotional Injuries in Employment Litigation (1st ed. 1994)
  • Combating Sexual Harassment at Work, 11 Conditions of Work Digest,” Law in the United States (1992)

Annual Editions

  • “How California Employment Law Is Different,” Cal-Peculiarities (1999-2011)
  • Preventing Sexual Harassment:  A Fact Sheet for Employees,” BNA (1993-2011)

Articles

Accolades

  • Cited as leading lawyer for Labor and Employment in California by Chambers USA: America’s Leading Business Lawyers in its annual editions for 2005 through 2011
  • Cited as Southern California Super Lawyer, Employment and Labor, in annual editions 2003-2011