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David Nissenberg

Consultant and Of Counsel

David Nissenberg is one of the country's foremost experts on trucking law and regulation. He is the 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.

Mr. Nissenberg is also the author of Discovery/Trial Guide (for truck accident litigation) published by Truck Litigation Resource Center.

An honor graduate of Brown University and the University of Miami School of Law, Mr. Nissenberg has had a long and varied career focused on commercial trucking, bus and maritime law. That includes over 20 years in trial practice focused on truck related litigation in which he 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.

A monthly contributor to "Expert Commentaries" on Tort Law for lexis.com, LexisNexis®, his published articles include Trucking in Adverse Weather Conditions; Hauling Hidden Dangers On Our Roadways; Big Rig Underride Crashes; Legal Consequences of Driving An Overweight Big Rig; Legal Issues Involving Forklift and Loading Dock Safety; Hazmat Highways: Transporting Hazardous Materials on the Roadway and the Legal Issues That Arise When Spilled Materials Cause Fatalities and Injuries.

Mr. Nissenberg works from his office in La Jolla, California.

Additional Information:
  • David Nissenberg is the 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 treatise 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.” First published in 1994 it is widely used in this country by plaintiffs and defense counsel, referred to often as the “Bible” for understanding commercial trucking law and litigation and is often cited and quoted from by appellate courts. Two of the most recent decisions doing so are Crocker v. Morales-Santana, 854 N.W.2d 663 (ND 2014) and Strunk v. M & A Trucking, 2014 N.J. Super. Unpub. Lexis 1460 (2014).
  • Mr. Nissenberg is also the author of Discovery/Trial Guide (for truck accident litigation) published by Truck Litigation Resource Center and is a monthly contributor to “Expert Commentaries” on Tort Law for lexis.com, LexisNexis®.
  • From 1994 to the present, David N. Nissenberg has assisted numerous plaintiff attorneys throughout the country engaged in catastrophic truck accident litigation as a consultant on interstate trucking law. His attorney clients have succeeded in achieving multi-million dollar verdicts or settlements. One case of note in which he was the consultant is Schramm v. Foster, 341 F.Supp.2d 536 (D. Md. 2004) the groundbreaking decision establishing the parameters of broker liability in truck accident cases.
  • For almost 25 years Mr. Nissenberg was a columnist for various trucking trade magazines and was a contributing editor to Heavy Duty Trucking Magazine, Trucker’s News, Truck Sales and Leasing and Truck Stop World.
  • Mr. Nissenberg has lectured frequently on the subject of truck accident litigation. His four hour CLE course, “Truck Accident Litigation in a Nutshell,” was presented over 300 times to thousands of attorneys in 48 different states from 1996 to 2007.
  • Since 2008 he has spoken to various trial lawyers and transportation law groups on subjects including: “Expanding Theories of Liability in Interstate Trucking Cases”; “Overcoming the Independent Contractor Defense”; “Recovering Actual and Punitive Damages in Fatigue Cases”; “Placard Liability Law”; “Liability of Ocean Carriers for Land-Based Truck Accidents”; “Shipper/Broker/3PL Liability for Personal Injuries and/or Death Arising from Accidents Involving Commercial Motor Vehicles” and an advanced seminar on Commercial Trucking Law and Litigation.
  • At the AAJ trucking litigation seminar held in Montreal in July 2015 his article titled, “The Assault on the Doctrine of Statutory Employment in Truck Accident Cases --- Orchestrated by the Defense; Accepted by a Growing Number of Courts --- Fallacious to its Core” was submitted to attendees as part of the program.
  • An honor graduate of Brown University and the University of Miami School of Law, David N. Nissenberg has had a long and varied career focused on commercial trucking, bus and maritime law. That includes over 40 years in trial practice focused on truck related litigation in which he represented the largest independent owner-operator association in California and its members 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.
  • David N. Nissenberg has had a long-standing interest in truck safety and has been to Europe on several occasions researching European advances in the areas of side underride protection, front underrun protection and cab strength. He has witnessed crash testing and has participated in European truck safety conferences.
Education

J.D., University of Miami School of Law, 1964
Dean's List

A.B., Brown University, 1961
Dean's List, Honors of Scholastic Achievement

Jurisdictions Admitted to Practice Ninth Circuit Court of Appeals
U.S. District Court
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
Professional & Bar Association Memberships

Florida Bar
Member Since: 1964

California Bar
Member Since: 1974

Awards
  • Martindale-Hubbell and other legal ratings:
    • AV Preeminent Rating Licensed in: California & Florida
  • Trucking specific organizations and leadership positions and awards:
    • President, Truck Litigation Resource Center, Inc. (1996-2011) Law Organizations and leadership and awards: Top Lawyers in San Diego 2014, 2015 & 2016
Client Reviews
★★★★★
"Goes above and beyond and is a mountain of knowledge on spine and brain injuries. He does his research and represents you with a level of excellence. Remains a friend after representing me." Dee M., Woodstock, GA
★★★★★
"I have collaborated with Mr. Shigley on several initiatives within Georgia’s Judiciary over the past few years and found him to be a persistent and attentive individual. Ken has taken great pride in his involvement with the projects that I have worked on and he is good at influencing success. Despite his hectic schedule, Ken has always made time to discuss, research and review ideas for the best way to accomplish goals. I look forward to a continued working relationship in this and future roles." Jorge B., CIO, Judicial Council of Georgia
★★★★★
"After having to have a hole drilled in an automobile part at a machine shop 10 years ago, I told my uncle I could have done that. My uncle replied, "You are doing this once these guys do it every day" That simply means if you don't know where to turn, get help and get an expert. Ken was that help when I was severely injured during a fatal accident. Ken and his team at Shigley Law are experts, and are here to help you during your crisis. Ken will be there during the injury, recovery, and trial. He and his firm will work hard to see that you are represented fairly!" Jeremy R.
★★★★★
"Ken is a very kind man. He has a wealth of knowledge and is going above and beyond to help us while representing our case." Candy F., spouse of catastrophic injury client, Plains, GA
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"I know Ken as trial lawyer of highest standards. Ken is knowledgeable and innovative and that translates to success in the courtroom. He is outgoing, compassionate and personable which makes him a pleasure to work with in any setting." Eric B., Attorney, Canton, GA