David is an AV-rated attorney with a focus in commercial litigation and insurance defense. He has served as lead counsel and co-counsel in numerous jury trials in state, federal and military venues. David also serves as Vice-Chair of our E-Discovery Advisors team.

Biography – View PDF Bio

Associations

Bar Admissions

  • Alabama, 1990
  • U.S. District Courts
    • Alabama: Northern, Middle, Southern
  • U.S. Court of Appeals
    • Armed Forces
    • 10th Circuit
    • 11th Circuit

Distinctions

  • Martindale-Hubbell®
    • AV® – Preeminent™ Peer Review Rated, 2014-2017
    • Top Rated Lawyer in Insurance Law, 2013
  • Best Lawyers in America®
    • Commercial Litigation, 2014-2018
    • Insurance Law, 2016-2018
  • Commander, U.S. Navy Reserve Judge Advocate General’s Corps
  • Legal Officer, Navy Reserve Region Legal Service Office Southeast, Jacksonville/Pensacola, FL
  • Active Military Duty, 1990-1995

Education & Honors

  • Cumberland School of Law, J.D., 1990
    • Member, Trial Advocacy Board
    • Associate Managing Editor of American Journal of Trial Advocacy
  • Birmingham-Southern College, B.S., Psychology, cum laude, 1986

Experience

  • Defended hundreds of cases arising from Hurricanes Katrina and Sandy for flood losses brought under flood insurance policies issued by Write Your Own insurers under the National Flood Insurance Program.
  • ​Represented numerous insurers in defense of extracontractual claims, including alleged
    bad faith, fraud, and market misconduct and sales practices claims.
  • Obtained summary judgment for an insurer client in a breach of contract and bad faith case, involving alleged arson and fraud by the insured, affirmed in full by the 11th Circuit Court of Appeals following oral argument.
  • Numerous jury trials as lead counsel and co-counsel in state, federal and military venues.
  • Co-lead counsel in one of the first cases to go to trial against a leading ephedra manufacturer, related to the dangers of ephedra-based herbal supplements. The almost three week trial resulted in a $4.1 million verdict. Although later reversed on appeal, the case led to the establishment of an ephedra MDL, and the global settlement by several manufacturers of ephedra-related injury claims.
  • Worked for five years on the Managed Care MDL, representing all 700,000 of the Nation’s physicians and several state medical associations against alleged deceptive trade practices and contract violations of eight of the nation's largest health insurance companies. The case, which involved civil RICO (Racketeer Influenced Corrupt Organization Act) claims, expanded to include over 60 healthcare companies, and eventually led to settlements with the physicians, with benefits to the class estimated to exceed $2 billion dollars.
  • Represented independent pharmacists in several anti-trust lawsuits against the four largest pharmacy benefit managers (PBMs) in the country. Two of the cases were certified as National classes to include nearly 25,000 independent pharmacists in the United States.
  • Obtained a defense verdict for an insurance company client in an insurance fraud/arson trial following a two and a half week trial.
  • Represented major insurer in "vanishing premium" class actions.
  • More...

Papers, Presentations, & Publications

  • David is a frequent speaker on topics as diverse as dietary supplement litigation, insurance coverage, and e-discovery.
  • Author​, "eDiscovery in 2013: What You Need to Know", Knowledge Congress, February 6, 2013.

Recent Blogs