David practices in litigation for a broad variety of clients. He has been trying lawsuits for more than 30 years with close to 100 juries empaneled during that time. He regularly represents pharmaceutical and medical device companies, manufacturing and chemical companies, local governments, physicians and hospitals, and corporations in complex business litigation in federal and state courts throughout the region. David also represents excess carriers on high value matters, both actively and as monitoring counsel.
A former president of the North Carolina Association of Defense Attorneys (NCADA), David is a frequent lecturer on substantive and technical aspects of trial practice for numerous sponsors of continuing legal education presentations, having addressed both the NCADA and the North Carolina Advocates for Justice in recent years. David is an elected councilor of the North Carolina State Bar and a former chair of its Ethics Committee.
In 2020, David won the NCADA Award for Excellence in Trial Advocacy established “to recognize members who have demonstrated over their career sustained excellence advocating for their clients in legal proceedings while maintaining the highest degree of professionalism. This award recognizes members who are eminently qualified to advocate for clients in state and federal courtrooms. They are considered by the NCADA as among the finest trial lawyers in the state. Not only have they consistently obtained favorable results for their clients, they have done so while exhibiting a command of the skills necessary to obtain such results. Importantly, their accomplishments were brought about without sacrificing any of the high ethical and moral standards espoused by the NCADA.”
David graduated from the University of North Carolina at Chapel Hill in 1977 and received his law degree from UNC-Chapel Hill in 1980.
He is admitted to practice in all of the state courts in North Carolina, including the Business Court, Court of Appeals, and Supreme Court. He is also admitted to practice in all federal courts in North Carolina, along with the United States Court of Appeals for the Fourth Circuit and the Supreme Court of the United States.
- Recently reported decisions include Red Valve, Inc. v. Titan Valve, Inc., 2021-NCSC-17, 376 N.C. 798, 854 S.E. 2d 580 (2021) a trade secret and commercial piracy case, Kelly v. Cap. Senior Living Corp., 850 F. App’x 194 (4th Cir. 2021) (per curiam) upholding client’s arbitration agreement, and Erwin v. Myers Park Country Club, Inc., No. 21 CVS 4936, 2021 WL 3179142 (N.C. Super. July 27, 2021) which defines a shareholder’s right to inspect corporate records.
- Lead trial counsel in In Re: Pedestrian Walkway Failure Litigation, one of the largest mass tort actions in North Carolina history, involving more than 100 claimants, 47 lawsuits, several trials to verdicts, and more than half a dozen appeals to the North Carolina Court of Appeals
- In January of 2018, began the defense of an international tire manufacturing company in the first of a series of cases involving 10 deaths and 8 significant personal injuries. After more than two weeks of pretrial motions and jury selection, the case was successfully resolved.
- In December of 2017, successfully tried Bailey, et al v. Copart, Inc., et al,a case alleging the misappropriation of trade secrets as well as unfair and deceptive trade practices arising out of a non-disclosure and non-circumvention agreement. Plaintiff alleged that Copart misappropriated several of the trade secrets shared pursuant to the NDA and gained more than $50,000,000 in profits, which plaintiff claimed under an unjust enrichment theory. A verdict for defendants on all claims was returned by the jury.
- Recently tried a trade dress and Lanham Act case in the Western District of North Carolina, Irwin Industrial Tool Co. v. Worthington Cylinders Wisconsin, LLC, 2010 WL 565251 and prevailed in a 1983 action on behalf of the City of Asheville Robert D. Gaddy, Jr. v. W.M. Yelton, et al.2011 WL 3608023 (W.D.N.C.) (January 20, 2012)
- Involved across the country in national and multidistrict litigation and has been national counsel for his clients in medical device litigation
- Regularly defends pharmaceutical companies in the Carolinas, achieving one of the first victories in the thimerosal litigation, foretelling the lack of a link between thimerosal and autism. Doe 2 v. Ortho-Clinical Diagnostics, Inc., 440 F.Supp.2d 465 (M.D.N.C. 2006)
David’s peers have honored him with the following awards:
- NCADA Award for Trial Excellence(2020)
- “Acritas Star” by Acritas (2019)
- The Best Lawyers in America©Lawyer of the Year for Mass Tort Litigation/Class Actions – Defendants in Charlotte, N.C. (2017, 2020)
- The Best Lawyers in America©Lawyer of the Year for Personal Injury Litigation – Defendants in Charlotte, N.C. (2013)
- The Best Lawyers in America©Lawyer of the Year for Product Liability Litigation – Defendants in Charlotte, N.C. (2012)
- The Best Lawyers in America©— Mass Tort Litigation/Class Actions — Defendants, Medical Malpractice Law — Defendants, Personal Injury Litigation —Defendants, Product Liability Litigation — Defendants (2005–2022); Commercial Litigation (2022)
- North Carolina Super Lawyers List in Class Action/Mass Torts, Personal Injury– Products: Defense, and Civil Litigation: Defense (2006–2021)
- Business North Carolina Magazine’s “Legal Elite” (2005–2007, 2010, 2013, 2017–2019, 2021)
- North Carolina Lawyers Weekly Leaders in the Law(2012)
David is also invovled in the following professional Activities:
- Chief Justice’s Commission on Professionalism, Supreme Court of North Carolina
- North Carolina State Bar, State Bar Councilor
- North Carolina Bar Association
- North Carolina Association of Defense Attorneys
- Defense Research Institute
- International Association of Defense Counsel
David practices in litigation for a broad variety of clients. He has been trying lawsuits for more than 30 years with close to 100 juries empaneled during that time. He regularly represents pharmaceutical and medical device companies, manufacturing and chemical companies, local governments, physicians and hospitals, and corporations in complex business litigation in federal and state courts throughout the region. David also represents excess carriers on high value matters, both actively and as monitoring counsel.
A former president of the North Carolina Association of Defense Attorneys (NCADA), David is a frequent lecturer on substantive and technical aspects of trial practice for numerous sponsors of continuing legal education presentations, having addressed both the NCADA and the North Carolina Advocates for Justice in recent years. David is an elected councilor of the North Carolina State Bar and a former chair of its Ethics Committee.
In 2020, David won the NCADA Award for Excellence in Trial Advocacy established “to recognize members who have demonstrated over their career sustained excellence advocating for their clients in legal proceedings while maintaining the highest degree of professionalism. This award recognizes members who are eminently qualified to advocate for clients in state and federal courtrooms. They are considered by the NCADA as among the finest trial lawyers in the state. Not only have they consistently obtained favorable results for their clients, they have done so while exhibiting a command of the skills necessary to obtain such results. Importantly, their accomplishments were brought about without sacrificing any of the high ethical and moral standards espoused by the NCADA.”
David graduated from the University of North Carolina at Chapel Hill in 1977 and received his law degree from UNC-Chapel Hill in 1980.
He is admitted to practice in all of the state courts in North Carolina, including the Business Court, Court of Appeals, and Supreme Court. He is also admitted to practice in all federal courts in North Carolina, along with the United States Court of Appeals for the Fourth Circuit and the Supreme Court of the United States.
- Recently reported decisions include Red Valve, Inc. v. Titan Valve, Inc., 2021-NCSC-17, 376 N.C. 798, 854 S.E. 2d 580 (2021) a trade secret and commercial piracy case, Kelly v. Cap. Senior Living Corp., 850 F. App’x 194 (4th Cir. 2021) (per curiam) upholding client’s arbitration agreement, and Erwin v. Myers Park Country Club, Inc., No. 21 CVS 4936, 2021 WL 3179142 (N.C. Super. July 27, 2021) which defines a shareholder’s right to inspect corporate records.
- Lead trial counsel in In Re: Pedestrian Walkway Failure Litigation, one of the largest mass tort actions in North Carolina history, involving more than 100 claimants, 47 lawsuits, several trials to verdicts, and more than half a dozen appeals to the North Carolina Court of Appeals
- In January of 2018, began the defense of an international tire manufacturing company in the first of a series of cases involving 10 deaths and 8 significant personal injuries. After more than two weeks of pretrial motions and jury selection, the case was successfully resolved.
- In December of 2017, successfully tried Bailey, et al v. Copart, Inc., et al,a case alleging the misappropriation of trade secrets as well as unfair and deceptive trade practices arising out of a non-disclosure and non-circumvention agreement. Plaintiff alleged that Copart misappropriated several of the trade secrets shared pursuant to the NDA and gained more than $50,000,000 in profits, which plaintiff claimed under an unjust enrichment theory. A verdict for defendants on all claims was returned by the jury.
- Recently tried a trade dress and Lanham Act case in the Western District of North Carolina, Irwin Industrial Tool Co. v. Worthington Cylinders Wisconsin, LLC, 2010 WL 565251 and prevailed in a 1983 action on behalf of the City of Asheville Robert D. Gaddy, Jr. v. W.M. Yelton, et al.2011 WL 3608023 (W.D.N.C.) (January 20, 2012)
- Involved across the country in national and multidistrict litigation and has been national counsel for his clients in medical device litigation
- Regularly defends pharmaceutical companies in the Carolinas, achieving one of the first victories in the thimerosal litigation, foretelling the lack of a link between thimerosal and autism. Doe 2 v. Ortho-Clinical Diagnostics, Inc., 440 F.Supp.2d 465 (M.D.N.C. 2006)
David’s peers have honored him with the following awards:
- NCADA Award for Trial Excellence(2020)
- “Acritas Star” by Acritas (2019)
- The Best Lawyers in America©Lawyer of the Year for Mass Tort Litigation/Class Actions – Defendants in Charlotte, N.C. (2017, 2020)
- The Best Lawyers in America©Lawyer of the Year for Personal Injury Litigation – Defendants in Charlotte, N.C. (2013)
- The Best Lawyers in America©Lawyer of the Year for Product Liability Litigation – Defendants in Charlotte, N.C. (2012)
- The Best Lawyers in America©— Mass Tort Litigation/Class Actions — Defendants, Medical Malpractice Law — Defendants, Personal Injury Litigation —Defendants, Product Liability Litigation — Defendants (2005–2022); Commercial Litigation (2022)
- North Carolina Super Lawyers List in Class Action/Mass Torts, Personal Injury– Products: Defense, and Civil Litigation: Defense (2006–2021)
- Business North Carolina Magazine’s “Legal Elite” (2005–2007, 2010, 2013, 2017–2019, 2021)
- North Carolina Lawyers Weekly Leaders in the Law(2012)
David is also invovled in the following professional Activities:
- Chief Justice’s Commission on Professionalism, Supreme Court of North Carolina
- North Carolina State Bar, State Bar Councilor
- North Carolina Bar Association
- North Carolina Association of Defense Attorneys
- Defense Research Institute
- International Association of Defense Counsel