After 30 years as a partner with highly regarded Yablonski, Both & Edelman, Daniel B. Edelman joined Katz Banks Kumin as Of Counsel, specializing in employment discrimination, whistleblower, civil rights/civil liberties and contractual matters.
A graduate of Harvard University, Mr. Edelman received his law degree from Harvard Law School. He served as law clerk to U.S. Supreme Court Justice Harry A. Blackmun, and is widely considered to be a preeminent appellate advocate. He has been active and successful at all levels of state and federal courts.
Mr. Edelman drafted the critical appellate brief that precipitated the landmark civil rights victory, Jenson v. Eveleth Mines, the first-ever sexual harassment class action, handled by the law firm Sprenger & Lang. The Jenson case was the basis for the 2002 book “Class Action” and the 2005 movie “North Country.” “Class Action” noted that the plaintiffs called in Mr. Edelman because they needed “to deliver nothing less than a brilliant appellate brief.” Mr. Edelman delivered mightily. See C. Bingham & L. Gansler, Class Action (2002).
Over the course of more than three decades, Mr. Edelman has been recognized for his outstanding representation of employees in a wide range of labor and employment litigation, nationally and in the Washington, D.C. area. Martindale-Hubbell has rated Mr. Edelman “AV Preeminent,” the highest possible peer review rating in legal ability and ethical standards, for over 30 years. He is also listed in the 2009-2021 editions of Super Lawyers in the category of labor and employment, as well as in the 2010-2023 editions of The Best Lawyers in America® in the employment law category.
Mr. Edelman successfully represented the City of Detroit, its police department and individual officials in defense of protracted suits challenging the constitutionality of Detroit’s affirmative action programs for police offer promotions and layoffs. Detroit Police Officers Association v. Young, 920 F. Supp. 755 (E.D. Mich. 1995) (defense of constitutional challenge to affirmative-action promotions); NAACP v. Detroit Police Officers Ass’n and City of Detroit, 900 F.2d 903 (6th Cir.), cert. denied, 498 U.S. 983 (1990) (defense of constitutional challenge to lay-offs of minority police officers).
Mr. Edelman is a member of the District of Columbia Bar, the Bar of the Supreme Court of the United States and the bars of several federal courts of appeals. He is a member of the Board of Directors of the UDC School of Law Foundation. He is also member of the Metropolitan Washington Employment Lawyers Association, the National Employment Lawyers Association and the College of Labor and Employment Lawyers. Mr. Edelman is a recipient of the NAACP Legal Defense Fund’s pro bono award.
Employment Discrimination and Wrongful Termination
- Melgar v. CSK Auto, Inc., 2017 WL 836595 (9th Cir. 2017) Briefed and presented oral argument to sustain certification of class action for expense reimbursement under California Wage & Hour Law
- Espinoza v. Domino’s Pizza, LLC, No. 09-80046 (9th Cir. 2009) Briefing of opposition to defendants’ petition to appeal from class certification order.
- Winco Foods v. Superior Ct., No. F057233 (Calif. Ct. of App., 5th App. Dist., 2009)
Briefing of opposition to defendant’s petition for writ of mandate seeking pretrial review of order granting class certification.
- Oscarson v. Office of Senate Sergeant at Arms, 550 F.3d 1 (D.C. Cir. 2008)
Appellate briefing of appeal from denial of motion to discmiss discrimination claim under Congressional accountability act.
- Desmond v. Mukasey, 530 F.3d 944 (D.C. Cir. 2008)
Appellate briefing defining sleeping as a “major life activity” under the Rehabilitation Act.
- Kolstad v. American Dental Association, 527 U.S. 526 (1999)
Standard governing eligibility of plaintiffs for awards of punitive damages in federal civil-rights suits.
- Estes v. Georgetown University, 231 F. Supp. 279 (D.D.C. 2002)
Jury verdict of compensatory damages and $1 million in punitive damages for claims of sex discrimination and retaliation.
- Jenson v. Eveleth Taconite Co., 130 F.3d 1287 (8th Cir. 1997)
Appellate briefing of psychic damage issues in first-ever class sexual harassment suit.
- In re Pepco Employment Litigation, C.A. No. 86-603 (D.D.C.)
Represented subclass of females on claims of discrimination against black and female employees and applicants culminating in what was the largest class settlement of discrimination claims in the District of Columbia.
- Bowles v. National Ass’n of Home Builders, 224 F.R.D. 246 (D.D.C. 2004)
Waiver of attorney-client and work-product by defendants relating to our client’s claims of tortious interference and civil conspiracy to cause wrongful termination.
- Grosswald v. American College of Obstetricians and Gynecologists, C.A. No. 4212-95 (Sup. Ct. of Dist. of Col.)
Defense of terminated employee’s claims of discrimination and retaliation in violation of D.C. Human Rights Act culminating in summary judgment for defendant.
- Moore v. United Mine Workers of America, 717 A.2d 332 (D.C. 1998)
Handled union’s appeal from judgment awarding compensatory and punitive damages for sex discrimination gaining reversal of punitive damage award.
Workplace Injuries and Wrongful Death
- Baker v. Elkem Metals, Case No. 2000 CV 442 (Ct. of Common Pleas, Ashtabula City., Ohio)
Co-counsel in prosecution of intentional tort claim arising from traumatic workplace injuries suffered while loading pressurized tanker.
- Brown v. Pro Football, Inc., 518 U.S. 231 (1996)
Tried antitrust claims for class of “practice squad” football players resulting in treble damage verdict of $30 million against NFL Clubs; judgment ultimately reversed based on non-statutory labor exemption to antitrust liability.
- Tice v. Pro Football, Inc., 812 F. Supp. 255 (D.D.C. 1993)
Represented class in price-fixing claims based on NFL Clubs’ agreement to pay fixed salaries to veteran players for the pre-season; settled for $5 million as part of comprehensive settlement of player-related litigation.
Health and Pension Benefits
- Bidwill v. Garvey, 943 F.2d 498 (4th Cir. 1991), cert. denied, 502 U.S. 1099
Affirmance of $30 million judgment for delinquent pension payments.
- Ambromovage v. United Mine Workers of America, 726 F.2d 972 (3rd Cir. 1984)
Handled successful culmination of defense of union in twenty-year, multimillion dollar, pension derivative suit.
- United Mine Workers of America v. Allied Corporation, 765 F.2d 412 (4th Cir.) (en banc), cert. denied, 473 U.S. 905 (1985)
Represented union in suit requiring employer to provide continuing retiree health coverage as remedy for violation of collectively-bargained successorship provision.
Attorney’s Fees Litigation
- Save Our Cumberland Mountains v. Hodel, 857 F.2d 1516 (D.C. Cir. 1988) (en banc)
Public-interest attorneys entitled to receive attorney-fee awards for representation of “prevailing plaintiffs” based on “market rates” of similarly qualified attorneys; led to development of “matrix” of hourly rates for determining statutory fees in federal and local courts in District of Columbia and administrative proceedings.
- Chewning v. Hodel, C.A. No. 76-334 (D.D.C.)
Fee counsel for eleven law firms representing subclasses of female professional employees in remedy proceedings to determine individual back pay entitlement in class sex discrimination suit against U.S. Department of Energy.
Miscellaneous Civil Litigation
- Sportsolution, Inc. v. National Football League Players Association, M.D. Fla. No. 98-01154-CV-ORL-22C, rev’d in part, vacated in part, 54 Fed. Appx. 689 (11th Cir. 2002)
Represented union in defense of claims of breach of contract, promissory estoppel and unjust enrichment and prosecution of counterclaims; jury verdict rejected plaintiff’s claims in their entirety and found for our client on counterclaims; district court’s refusal to enter disgorgement order and injunctive relief was reversed.
- IB by Bohannon v. Facebook, Inc., Case No. 12-cv-01894-BF (N.D. Calif) Co-counsel in class action on behalf of minor users of Facebook to vindicate rights to void contracts under applicable law; settled with consent injunction.
- Sadlowski v. United Steelworkers, 457 U.S. 102 (1982)
Together with the late Joe Rauh, represented union reformer in challenge to union rule prohibiting candidate for union office from receiving campaign contributions from nonmembers of union.
- Local 6885, APWU v. American Postal Workers Union, 665 F.2d 1098 (D.C. Cir. 1981)
Represented plaintiff class on claim that denial of right to ratify collective bargaining agreement violated union members’ “bill of rights”.
- Regan v. Williams, 1986 WL 8413 (W.D. Pa. 1986)
Secured preliminary injunction on behalf of officers of local union lifting unwarranted trusteeship imposed without hearing by United Steelworkers parent union.
- Mr. Edelman has served as an expert witness in cases involving claims of legal malpractice and disputes over the appropriate amount of court-awarded fees. He has represented numerous parties in the prosecution and defense of fee claims. He has been outside counsel in employment matters to the American College of Obstetricians and Gynecologists.
- Mr. Edelman worked with Chip Yablonski and the late Joe Rauh on the lawsuits which brought historic democratic reform to the United Mine Workers union and later served the UMW as Associate General Counsel.