David S. Sager

Representative Engagements

• A leading franchisor in obtaining judgment for millions of dollars against a former franchisee in Panama and judgment against the franchisee's counterclaims in the Southern District of New York
• A leading importer and distributor of fresh fruits and vegetables in obtaining an injunction in Superior Court in New Jersey
• A global hotel brand in an arbitration involving a former master licensee in the People's Republic of China
• A leading timeshare exchange company in a consumer class actions, group actions, and arbitrations in pending in various federal and state courts in the United States and in the High Court of Justice in London
• The largest short stay and long term skilled care provider in the United States in an actions involving the construction and acquisition of facilities
• A leading hotel company in trials and litigation matters involving hotels across the United States, in Latin America and in the Middle East
• A consumer products company in a patent dispute pending in the District of New Jersey
• A leading residential builder in a real estate dispute in the District of Maryland
• On behalf of a national restaurant chain, obtained a preliminary injunction enjoining a former franchisee's unauthorized operation in the District of New Jersey in 2012
• On behalf of a diversified company, provided a successful defense in a 10-year litigation in the Western District of New York (Buffalo) arising from a US$100 million divestiture
• A global manufacturer of hair products in a termination and infringement dispute with a US distributor in the District of New Jersey
  
   

Selected Opinions

• 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 in part 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
• Ramada Worldwide Inc. v. Sayo, Inc., 2007 US Dist. LEXIS 96010 (D.N.J. July 10, 2007), granting Ramada's motion for summary judgment as to liability and damages and denying defendants' motion to amend
• 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 in the parties' Franchise Agreement