David N. Nissenberg
Law Offices of David N. Nissenberg
P.O. Box 2063
La Jolla, CA 92038
California & Florida
Law School: Graduated from University of Miami School of Law in 1964
Undergraduate Degrees: Brown University, 1961
Martindale-Hubbell and other legal ratings:
AV Preeminent Rating
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
- 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