David N. Nissenberg|
Attorney at Law
862 Candlelight Place
La Jolla, CA 92037
858-625-2011 Cell: 858-254-5584
- JD University of Miami School of Law (Dean's List) 1964
- Columbia Law 1961-1962 (Moot Court Honors)
- AB Brown University 1961
(Dean's List, Honors for Notable Scholastic Achievement)
- Florida Bar 1964
- California Bar 1974
- U.S. District Court for the Southern District of Florida
- U.S. District Court for the Southern District of California
- U.S. District Court for the Central District of California
- U.S. District Court for the Northern District of California
- Ninth Circuit Court of Appeals
- 1994 - Present
Independent consultant on interstate trucking law and the Federal Motor
Carrier Safety Regulations; lecturer and author.
- 1998 - 2001
Partner in Truck Injury Lawyers, LLP, San Diego, California:
Truck Injury Lawyers, LLP, sponsor of national conference on Concrete
Solutions for Truck Driver Fatigue held in conjunction with Parents Against
Tired Truckers, February, 1999.
- 1996 - 2011
Principal in Truck Litigation Resource Center:
An expert witness referral service for truck accident cases and a producer
and marketer of seminars. Its four-hour CLE seminar, "Truck Accident
Litigation in a Nutshell" was presented by David N. Nissenberg to thousands
of defense and plaintiff attorneys, risk managers, adjusters and trucking
company professionals over 300 times in 47 states.
- 1974 - 1995
Partner in Nissenberg & Nissenberg, La Jolla, California:
Engaged in trial practice focused on truck related litigation; Represented
trucking companies and truck drivers in numerous jury and non-jury cases
involving truck and trailer accidents, truck, trailer and equipment
warranties, defective repairs, defective truck engines, bearings and other
truck accessories, interpretation of truck lease agreements, insurance
contracts and other truck related issues; Represented Associated Independent
Owner Operators of California (A-l 00) before the California Public Service
Commission; Maintained pre-paid legal services program for A-lOO members
- 1971 - 1973
Associate with Dubbin, Schiff, Berkman and Dubbin, Miami, Florida:
Represented Greyhound subsidiary bus lines in route application hearings,
argued before Florida Public Service Commission and Florida Appellate
Tried jury and non-jury trials in civil, criminal and commercial matters.
Contract Attorney and Consultant for Ragan & Mason, Washington, D.C.
Assisted with Federal Maritime Commission hearings involving Sea Land
Service, Inc.; Researched and prepared memoranda on interstate commerce law
in connection with matters pending before the ICC on behalf of McLean
Trucking Co. and National Bulk Carriers.
- 1966 - 1969
Assistant State Attorney for the lIth Judicial Circuit of Florida (Dade
Member of the Homicide and Capital Crimes Division; Member of the Special
Prosecution Division; Prosecuted hundreds of misdemeanor and felony cases,
jury and non-jury.
Hearing Counsel, Federal Maritime Commission, Washington, D.C.:
Conducted hearings on matters related to the shipping laws of the United
Briefed and argued Truck and Lighter Loading and Unloading Practices at New
York Harbor; 9 FMC 505 (1966) before the Federal Maritime
- Monthly Contributor to "Expert Commentaries" on Tort Law for lexis.com,
Articles now available online at
- Nissenberg on Trucking in Adverse Weather Conditions
- Nissenberg on Hauling Hidden Dangers On Our Roadways
- Nissenberg on Big Rig Underride Crashes
- Nissenberg on Legal Consequences of Driving An Overweight Big Rig
- Nissenberg on Legal Issues Involving Forklift and Loading Dock Safety
- David N. Nissenberg on Hazmat Highways: Transporting Hazardous Materials on
the Roadway and the Legal Issues That Arise When Spilled Materials Cause
Fatalities and Injuries.
- Author of Discovery/Trial Guide (for truck accident litigation) published by
Truck Litigation Resource Center. This laminated guide was listed at the
2005 ABA Transportation Mega-conference as the number one resource for
attorneys involving in defending truck accident cases.
- Author of The Law of Commercial Trucking: Damages to Persons and Property,
3rd Edition, (LexisNexis®), a two-volume text on commercial trucking law
supplemented annually. In 2000, the text was chosen as a finalist by the
American Risk and Insurance Association in competition for the "Best Book
Published That Advances the Frontiers of Knowledge Concerning the Fields of
Risk Management and Insurance."
- Among the decisions which have cited the treatise as authority are:
- Cincinnati Insurance Co. v. Haack, 125 Ohio App 3d 183, 708 N.E.2d 214 (2d Dist. 1997)
- Clarendon National Insurance Company, et al. v. Johnson, 666 S.E. 2d 567 (Ga. App. 2008)
- Horner v. FedEx Ground Package System, 258 S.W. 3d 532 (Mo. App. 2008)
- Carolina Casualty Ins. Co. v. Yeates, 533 F. 3d 1202 (lOth Cir. 2008)
- 1990 - 1998
Contributing Editor to Heavy Duty Trucking Magazine, Trucker's News, Truck
Sales and Leasing, and Truck Stop World.
- 1975 - 1990
Columnist for Open Road Magazine, A-lOO Winner, American Trucker Magazine.
CURRENT AREAS OF RESEARCH & PARTICIPATION
- May 2008: St. Louis, MO, APITLA Conference:
"Expanding Theories of Liability in Interstate Trucking Cases"
- October 2008: Atlanta, GA, APITLA Conference:
"Overcoming the Independent Contractor Defense"
September 2009: Las Vegas, NV, APITLA Conference:
"Recovering Actual and Punitive Damages in Fatigue Cases"
- November 2009: St. Louis, MO, Truck Litigation Resource Center, LLC:
"One-Day Advanced Seminar on Commercial Trucking Law and Litigation"
- February 2010:
Maui, HI, AAJ Conference:
"Placard Liability Law"
"Liability of Ocean Carriers for Land-Based Truck Accidents"
- April 2010:
San Diego, CA, Transportation and Logistics Council, Inc. (National
"ShipperlBroker/3PL Liability for Personal Injuries and/or Death
Arising from Accidents Involving Commercial Motor Vehicles"
- September 2011
St. Louis, MO, APITLA Conference
"Liability of Ocean Carriers and Subsidiaries in Truck Accident Cases"
- October 2011, November 2011
Jackson, MS, Little Rock, AR, Cleveland, OH
"Advanced Seminar on Commercial Trucking Law & Litigation"
Participant in conferences in this country and in Europe on issues related
to truck safety, trucking laws and litigation, driver fatigue and product
development in heavy trucks. Engaged in constant research in these areas for
- Married, three children & four grandchildren
1. ATTORNEY'S LETTER EXCERPTS
- Letter excerpts from attorneys who have engaged Mr. Nissenberg.
- Testimonials - Seminar attendees at "Truck Accident Litigation in a Nutshell."
- Testimonials - Seminar attendees at "Advanced Seminar on Commercial Trucking Law & Litigation."
- From the plaintiffs attorney in Baltimore, Maryland who successfully
represented the plaintiff in Schramm v. Foster, 341 F.Supp. 2d 536 (D. Md.
"I wanted to take this opportunity to thank you for your help in the case of
Tyler Schramm vs. C.R. Robinson. As you know, the area of trucking
litigation is complex with regard to the issues dealing with regulations,
public policy, tort and trucking procedures. Your book, seminar and direct
advice was invaluable in bringing the case to a successful conclusion."
- From a defense attorney in Montgomery, Alabama:
"As you and I discussed during our last conversation, although my
understanding of Federal Motor Carrier Safety Regulations and their
applicability to these types of cases is, like many lawyers, not totally
clear, there is little or no doubt in my mind that your involvement in this
case has helped me understand the big picture on how these regulations work
with these types of claims. In addition, I believe that the deposition given
by you in this case and taken by the Plaintiffs attorney is one of the
factors that caused the Plaintiff to drop her initial policy limits
settlement demand and settle this case for a fraction of the potential
exposure and insurance coverage available to [my client] in this case."
- From a plaintiffs attorney in Fresno, California:
"Your seminar and the accompanying written materials were invaluable in our
work-up of this case. Furthermore, we think our supplemental designation of
you as an expert proved helpful; shortly thereafter, defendants' counsel
offered to withdraw their designation of the trucking company's two
employees as "experts", which we found to be quite interesting."
Copies of original letters are available upon request
2. SEMINAR ATTENDEES TESTIMONIALS - "Truck Accident Litigation in a Nutshell."
3. SEMINAR ATTENDEES TESTIMONIALS - Advanced Seminar on Commercial Trucking Law & Litigation."
- "Mr. Nissenberg deserves his reputation as the expert in his field.
Fantastic." - Sacramento, CA
- "I have been practicing law for 14 years and have defended 7 truck cases in
the last year and a half, from multiple death claims to simple rear-enders. This has been the
best, most informative CLE seminar I have ever attended. I could not have
asked for any more useful information than was provided here."
- "Thank you for putting money in this plaintiff attorney's pocket."
- "Not only is Mr. Nissenberg the truck litigation guru, he is a wonderful teacher."
- "I fist attended one of David Nissenberg's seminars over a decade ago, I
have owned his two volume work entitled "The Law of Commercial Trucking"
since that time, David's scholarly insight has proven invaluable to my
transportation practice. I believe his books are a rare tool for the
defense attorney who wishes to be on the cutting edge of the gamut of
trucking issues. I have also consulted with him on tough trucking issues
and his wise counsel has proven invaluable."
-Robert A. Biggs III, Jackson MS
Biggs, Ingram, Salop &Carlson, PLLC
- "One of the smartest truck lawyers in the business! David's books are
required reading for any truck accident lawyer. I rely on "Tile Law of
Commercial Trucking" daily as I work on my cases and consider David the "go
to" lawyer anytime I handle a truly nasty legal issue involving CMV
litigation. Failing to consult with David on novel trucking issues, before
the record is sealed, is legal suicide!"
-Morgan G, Adams, Chattanooga TN
Past Chair, AAJ Trucking Litigation Group
Diplomate, AAJ National College of Advocacy
- "Last Friday, I spent a day in St. Louis at a seminar by David Nissenberg
from San Diego, author of the book, "Law of Commercial Trucking." He is a
scholar of this area of law and has painstakingly put together the legal
theory to connect all the dots and reach the insurance policies of the ocean
shipping companies that bring the containers into the U.S. and load them on
the trucks. In a tour de force, he combines international treaties, U,S,
maritime laws and regulations, standard maritime bills of lading and other
shipping documents, interlocking provisions of the Motor Carrier Act and
Federal Motor Carrier Safety Regulations, Restatement of Torts, Restatement
of Agency, etc.
David hasn't published a paper on this. There are no cases on point yet
anywhere in the U.S. To persuade a judge who is busy, understaffed and knows
little about this area of the law, will require some masterful explanation.
But when a catastrophic container freight trucking case comes along we're
This is a great lesson for those naive lawyers who think a commercial
trucking accident is just a bigger car wreck."
Georgia Truck Accident' Attorney Blog, 11/19/09
-Ken Shigley, Atlanta
President of the State Bar of Georgia