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Hon. David S. Cunningham III (Ret.)

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Hon. David S. Cunningham III (Ret.) joins JAMS as a neutral with decades of distinguished legal and judicial career spanning more than four decades. Judge Cunningham has presided over a wide array of cases spanning family law, probate, and complex civil litigation, including mass torts and class actions. His impressive career is marked by a focus on equity, constitutional rights, procedural fairness, business related litigation, and case management, including his leadership role as Supervising Judge of the Los Angeles Superior Court’s Complex Litigation Program.

Before his judicial appointment, Judge Cunningham built a notable trial and civil litigation practice in both public and private sectors. He began his legal career in the Honors Program with the U.S. Department of Justice, Civil Rights Division, where his work on voting rights cases contributed to the federal extension of the Voting Rights Act. He later served as a judicial clerk for the U.S. District Court for the Central District of California and practiced in major law firms, developing substantial experience in redevelopment, eminent domain, public law, and complex civil litigation.

Judge Cunningham also served as the President of the Los Angeles Police Commission during a critical era of federal oversight and institutional reform including key policies on use of force, hiring standards and community relations protocols building on post Rodney King era efforts to enhance accountability through structured oversight, and facilitated the recruitment of Chief William Bratton in 2002. He has been active in legal education and community institutions, contributing his expertise to academic settings and civic boards alike.

Judge Cunningham strives to provide attorneys an opportunity to make their arguments while maintaining efficiency and mutual respect for everyone. He earned respect from counsel on both sides of the docket for his ability to navigate complex legal and factual issues with impartiality and practical insight. His broad experience equips him to serve effectively as a mediator, arbitrator and neutral evaluator in a wide range of civil disputes.

Representative Matters

Cybersecurity & Privacy

Presided over complex litigation involving more than 800 police officers alleging privacy violations after the City inadvertently released officers’ identities and photographs, including undercover personnel, in connection with a public records settlement; granted defendants’ anti-SLAPP motion under the litigation privilege and addressed the scope of a private right of action under Penal Code §832.7.
Managed coordinated proceedings involving 34 actions across multiple California counties alleging violations of the Investigative Consumer Reporting Agencies Act (ICRAA) and invasion of privacy arising from tenant background screening practices by a national property management company.
Presided over multiple class actions alleging violations of the California Invasion of Privacy Act (CIPA) arising from the use of third-party tracking pixels and “trap-and-trace” technologies on commercial websites to identify and track consumers.
Managed consumer privacy litigation involving allegations that companies used social media tracking technologies to de-anonymize website visitors and share data with third-party platforms.
Oversaw data breach litigation involving the exposure of private medical information affecting more than 770,000 individuals, addressing cybersecurity practices and settlement protocols.
Presided over negligence and privacy claims arising from a law firm data breach, addressing the scope of a duty of care to non-client individuals whose confidential information was produced in litigation.

Antitrust & Competition

Presided over enforcement action brought by the California Attorney General alleging insulin manufacturers and pharmacy benefit managers engaged in price-inflation and rebate schemes in violation of California’s Unfair Competition Law.
Decided numerous class action disputes with claims involving unfair competition, false advertising, and consumer protections

Business Commercial

Presided over high-profile business dispute involving royalty rights for headphone design, resulting in a $25 million jury verdict in favor of an early product designer.
Managed complex securities and fraud class action arising from the collapse of a digital music streaming startup, involving allegations that company leadership misled noteholders into renewing promissory notes prior to bankruptcy.
Presided over pretrial motions and jury trial concerning payments under the Knox-Keane Act to hospitals for emergency care of members of insurer/managed health plan patients
Presided over and litigated breach of contract matters involving distribution and streaming rights of major motion pictures with claims seeking injunctive relief

Personal Injury, Sexual Abuse & Misconduct

Supervising judge overseeing JCCP 5101 – Clergy Sexual Abuse Cases, involving thousands of claims filed under AB 218 against multiple religious institutions alleging institutional cover ups; coordinated litigation management, bellwether trial selection, and settlement processes including an $800+ million settlement involving the Archdiocese.
Managed coordinated litigation involving more than 1,500 cases alleging childhood sexual abuse at a juvenile dependency facility.
Oversaw coordinated proceedings involving claims of sexual abuse at juvenile detention camp facilities and related institutional liability.
Managed coordinated litigation involving private youth organizations, addressing hundreds of claims alleging institutional cover ups and historical childhood sexual abuse.
Presided over numerous claims against major health products manufacturer alleging its talc-based products caused cancer and mesothelioma

Environmental Law

Presided over complex environmental indemnity litigation concerning benzene and methane contamination beneath nearly 300 homes built on a former oil tank farm, addressing allocation of responsibility for $133 million in cleanup and settlement costs.
Managed toxic exposure litigation involving alleged soil vapor intrusion and chemical contamination affecting a historic artist community, raising issues of duty, causation, and statute of limitations.
Presided over environmental enforcement action brought by a regional Water Quality Control Board involving alleged hazardous discharges in violation of the Clean Water Act and California Water Code.
Oversaw nuisance litigation, property damage and personal injury claims arising from a major warehouse fire involving stockpiled flammable materials, including bellwether trials addressing a commercial landlord’s nondelegable duty to prevent public nuisance conditions affecting over 10, 000 plaintiffs living in surrounding communities.
Presided over several California Prop 65 matters against a battery recycling facility alleging failure to properly warn local residents of exposure to lead and arsenic emissions

Family Law

Presided over high-profile marital dissolution between high profile music artists, addressing complex issues of income tracing, asset characterization, and high-income support obligations.
Managed dissolution proceedings involving members of the high net-worth family, including disputes regarding high-income spousal support and characterization of family wealth and gifts.

Insurance

Presided over insurance coverage litigation involving dozens of environmental product liability claims nationwide relating to alleged groundwater contamination from chemicals used in industrial solvents.
Issued ruling (affirmed by the California Court of Appeal) addressing disclosure obligations for annuity investment products under the Unfair Competition Law.
Managed insurance coverage and bad-faith litigation concerning the duty to defend arising from environmental contamination claims.

Mass Tort

Oversaw coordinated proceedings involving thousands of personal injury and government entity claims against an e-cigarette company, alleging youth-targeted marketing and nicotine misrepresentation.
Managed one of California’s centralized asbestos litigation coordination proceedings (JCCP 4674), implementing specialized discovery and trial management procedures including trials involving multiple defendants and joint liability issues.
Presided over coordinated litigation involving metal-on-metal hip implants, which resulted in a $240 million global settlement following bellwether proceedings.
Managed coordinated litigation involving shingles vaccine claims, addressing complex causation, warning, and FDA related preemption issues.

Class Action

Served as settlement judge for inverse condemnation and inverse liability claims against public utilities companies related to The Woolsey Fire.
Oversaw public nuisance litigation brought by a southern California County alleging pharmacy benefit managers contributed to the opioid epidemic through rebate-driven formulary practices and other distribution policies.

Employment Law

Presided over coordinated class action against a major telecommunications company alleging wage-and-hour violations including unpaid overtime, meal/rest break violations, and unreimbursed expenses, resulting in a class settlement.
Managed significant employment litigation addressing joint-employer liability and class certification issues under California wage-and-hour law.
Adjudicated numerous employment matters including wage & hour disputes, wrongful termination actions, PAGA and individual claims including those alleging discrimination, harassment, retaliation and violations of the Fair Employment and Housing Act (FEHA) and the California Labor Code.
Presided over wage and hour dispute involving communications industries and motion picture studios.
Decided workplace discrimination and sexual harassment suite related to major video game developer

Honors, Memberships, & Professional Activities

Honors

NYU Law Distinguished Alumni Award, Alumni of Color Association, 2023

Memberships

Member, Board of Directors, Midnight Mission, 1996 - 2001
Member, Equity Oversight Panel, Los Angeles Sheriff's Department, 2007 – 2009,
Officer, Board of Directors, Alliance College-Ready Public Schools, 2004 - 2012
Former Member and Former President, Police Commission, Los Angeles Police Department, 2001-2005)
Former Member, LAUSD Governance Commission, 2005 - 2006
Former Member, Los Angeles Business Council, 1980s – 1990s
Former Member, Watts Health Foundation Community Trust, 1980s – 1990s

Selected Speaking/Publication and Engagements

Judge Cunningham is a frequent presenter and panelist on complex litigation, mass torts, product liability, employment law, arbitration and trial practice in programs for judges and practitioners.

U.S. Supreme Court Update Re Preemption Issues Related to Pesticides and the Round Up Litigation, ABA Business Law Section, Spring Meeting, April 2026
From First-Day Orders to Resolution, 4th Annual Shades of Mass Conference, 2025
Sealed or Revealed? The Tug-of-War Between Privacy and Public Access, Civil Law Institute, 2025
Developments in Mobility and Noncompete Agreements, ABA Business Law Section, Annual Employment Law Update, 2025
Proposed Federal Rule of Civil Procedure 16.1 Re Complex Case Management Issues - Comments of Los Angeles Superior Court Complex Program Judges, Published February 2, 2024
Examination of Expert Witnesses in Business Courts, Association of Business Trial Lawyers Annual Seminar/Retreat, 2023
A Judicial Perspective on Wage and Hour Litigation, 11th Annual California Lawyers Association Advanced Wage and Hour Conference, 2021
Jury Selection and Other Trial Tips in Asbestos Litigation – The Judicial Perspective, National Asbestos Conference 10th Anniversary, 2019

Judicial Education Programs

Judge Cunningham has also presented extensively in judicial education programs on substantive law and case management.

Childhood Sexual Assault Civil Litigation: A Mass Tort, Judicial Education Series, August 2025
Multidistrict Litigation and the State Courts, Civil Law Institute, remote presentation with written materials, October 2024
Preventive Relief: TROs, Preliminary and Permanent Injunctions, Judicial Education Series, June 2022
Complex Case Designation, Judicial Education Series, October 2021
Anti-SLAPP and Attorneys’ Fees, Civil Law Institute, April 2021
The Right to Jury Trial: Analysis of Nationwide Biweekly Administration, Inc. v. Superior Court (2020) 9 Cal.5th 279, Judicial Education Series, April 2021
Challenging and Enforcing Arbitration Awards, Judicial Education Series, July 2020
The Lemon Law (Song-Beverly Act), Judicial Education Series, May 2018
Managing Eminent Domain & Inverse Condemnation Cases, Judicial Education Series, March 2011

Bar Admissions

California State Bar, Admitted in 1983
New York State Bar, Admitted in 1980

Teaching

Adjunct Faculty, University of Southern California Gould School of Law, 2015-2026

Background & Education

Judge, Superior Court of California County of Los Angeles, 2009-2026
Principal, Meyers, Nave, Riback, Silver & Wilson, 2007-2009
Partner, Kelly, Lytton and Vann, 2005-2007
Of Counsel, Jackson & Lewis, 2005
Attorney, Private practice, 1989-2005
Associate, Finley, Kumble, Heine, Underberg, Manley & Casey, 1984-1989
Judicial Clerk, U.S. District Judge Terry Hatter, Central District of California, 1983-1984
Juris Doctor, New York University School of Law,1980
Bachelor of Arts, Economics, summa cum laude, University of Southern California,1977

Virtual & In-Person Locations

Home Offices

Los Angeles, CA
Century City, CA

Available to Travel To

Atlanta, GA
Boston, MA
Chicago, IL
Dallas, TX
Detroit, MI
Miami, FL
New York, NY
Philadelphia, PA
San Francisco, CA
Washington, DC

Virtual hearings available nationwide