David S. Sager

Representative Engagements

• Leading hospitality brands in arbitrations relating to disputes under licensing agreements in the United States, Latin American, and China
• Leading hospitality brands in premises liability disputes in federal courts throughout the United States.
• Leading timeshare developers and exchange companies in defending against consumer class actions, group actions, and arbitrations 
• An airline servicing company in arbitration arising from the acquisition of a aviation fueling and ground handling services businesses
• A diversified company in defending claims in arbitration and federal court arising from the divestiture of industrial businesses 

Representative Opinions

• Doe v. Red Roof Inns, Inc., 21 F. 4th 714 (11th Circ. 2021), affirming dismissal of TVPRA and related claims against hotel franchisors brought by alleged victims of human trafficking at franchised hotels
• DuBose v. Wyndham Vacation Resorts, Inc., 2012 WL 3145206 (D. Del. 2021), dismissing putative class action against timeshare developer
• S.J. v. Choice Hotels International, Inc., 473 F. Supp. 3d 147 (E.D.N.Y. 2020), dismissing TVPRA claim against hotel franchisor
• Wyndham Hotel Group International, Inc. v. Silver Entertainment LLC, 2018 WL 1585945 (S.D.N.Y. Mar. 28, 2019), granting plaintiff's motion for summary judgment as to plaintiff's affirmative claims and defendants' counterclaims arising from the termination of a franchise agreement
• Madama v. Genesis Rehab Services, 2014 WL 3695976 (D.N.J. July 24, 2014), granting defendants' motion for summary judgment on plaintiff's claims arising under section 43(a) of the Lanham Act and for violation of the common law right of publicity and unjust enrichment
• Barton v. RCI, LLC, 2014 WL 1293326 (D.N.J. Mar. 31, 2014), denying plaintiffs' motion to certify a class comprised of members of timeshare exchange program
• Wyndham Hotels and Resorts, LLC v. Northstar Mt. Olive, LLC, 2013 WL 1314747 (D.N.J. March 28, 2013), granting plaintiff's motion for summary judgment and finding defendant liable under sections 34 and 43 of the Lanham Act and for breach of the parties' franchise Agreement
• Days Inn Worldwide, Inc. v. May & Young Hotel-New Orleans, 2012 WL 6625627 (D.N.J. Dec. 19, 2012), entering trial judgment in favor of Days Inn Worldwide, Inc.
• Grant v. Turner, 2011 US Dist. LEXIS 49120 (D.N.J. May 6, 2011), granting defendant RCI's motion to dismiss in putative class action, including RICO claim
• Robbins & Myers, Inc. v. J.M. Huber Corp., 274 F.R.D. 63 (W.D.N.Y. 2011), granting defendant Huber's motion to compel and for sanctions
• Crete v. Resort Condominiums Int'l, LLC, 2011 US Dist. LEXIS 14719 (D.N.J. Feb. 14, 2011), granting defendant RCI's motion to dismiss putative class action, including RICO claim
• Goldwell of New Jersey, Inc. v. KPSS, Inc., 622 F. Supp. 2d 168 (D.N.J. 2009), granting, in part, manufacturer KPSS's motion for summary judgment
• Days Inn Worldwide, Inc. v. BFC Management, Inc., 544 F. Supp. 2d 401 (D.N.J. 2008), granting summary judgment to Days Inn on claims for infringement under the Lanham Act and as to liquidated damages
• Travelodge Hotels, Inc. v. Honeysuckle Enterprises, Inc., 2005 US Dist. LEXIS 27791 (D.N.J. Nov. 7, 2005), granting judgment in favor of Travelodge on its complaint and against defendants on their counterclaim after bench trial; aff'd, 244 Fed. Appx. 522 (3d Cir. 2007)
• Ramada Franchise Systems, Inc. v. Cusack Development, Inc., 1999 US Dist. LEXIS 7422 (S.D.N.Y. March 24, 1999), granting Ramada's motion for summary judgment as to both its affirmative claims and defendants' counterclaims and upholding the liquidated damages provision