- Johnson v. Ethicon, Inc., (Civil Action No. 01-C-1530; Cir. Ct. of Kanawha County, WV)-lead counsel in defense of class action claims for surgical site infections allegedly due to contaminated surgical sutures.
- In re: Yamaha Motor Corp. Rhino ATV Products Liability Litigation (MDL 2016)-lead counsel in management of multiple West Virginia personal injury cases arising out of alleged defects in off road vehicles.
- Randolph v. General Anesthesia Services v. The West Virginia Mutual Insurance Company, et al. (Civil Action No. 08-C-1377; Cir. Ct. of Kanawha County, WV)-lead counsel for medical group in declaratory judgment action against insurance companies for denial of coverage in wrongful death action.
- Grant Thornton, LLP v. Kutak Rock, LLP, 228 W. Va. 226, 719 S.E.2d 394 (2011)-lead trial and appellate counsel for regional law firm in successful defense of $40+ million legal malpractice action by national accounting firm.
- In re: Float Sink Litigation (Civil Action No. 11-C-5000000; Cir. Ct. of Raleigh County, WV)-lead counsel for two chemical manufacturers in successful defense of claims before West Virginia Mass Litigation Panel arising out of alleged exposure to perchloroethylene in coal testing laboratories.
- Lewis v. Ethicon, Inc. et al. (Civil Action No. 12-cv-04301, MDL No. 12-md-02327 (S.D. W. Va. 2014)--co-trial counsel in successful defense of MDL bellwether trial in pelvic mesh litigation.
Overview
David is a founding member of the firm. He has lived in Charleston all of his life. He received his undergraduate degree from the University of Virginia and his law degree from West Virginia University.
He brings over thirty years of experience to TCS. David has been involved in a broad range of trials and litigations, and has served as lead counsel in class action, toxic tort, product liability, drug and medical device, professional liability, environmental and consumer claims. He has been on trial teams in Mississippi and Delaware in addition to West Virginia. He has participated in three class action trials, two of which reached verdict. He has argued many appeals in both the United States Court of Appeals for the Fourth Circuit and the Supreme Court of Appeals of West Virginia. He is currently liaison counsel in a national medical device MDL sited in the Southern District of West Virginia and recently co-tried the first bellwether case to a directed verdict for the defense.
David has been recognized as a "tier one" litigator by Chambers & Partners since 2004, as one of the "Best Lawyers in America", as a Benchmark Litigation Guide "Local Litigation Star" and as a West Virginia Super Lawyer, among others.
He is a past member of the Product Liability Advisory Council and currently a member of DRI and the International Association of Defense Counsel.
Representative Cases
Bar Admissions
- Supreme Court of Appeals of West Virginia
- United States District Courts for the Northern and Southern Districts of West Virginia
- United States Court of Appeals for the Fourth Circuit
- Supreme Court of the United States