- Bluestem Brands, Inc. v Shade, 805 SE2d 805 (W. Va. 2017)
- State ex rel. Morrisey v Copper Beech Townhome Communities, 806 SE2d 172 (W. Va. 2017)
- Sampson v. Chase Home Finance, 667 F. Supp. 2d 692, (S.D. W. Va. 2009)
- Cavcon, Inc. v. Endress + Hauser, Inc., 557 F. Supp. 2d 706, (S.D. W. Va. 2008)
- Boland v. Georgie Boy Mfg., Inc. 240 F. Supp. 2d 282, (S.D. W. Va. 2003)
- U.S. ex rel. Modern Mosaic, Ltd. v. Turner Construction Co., et al, 946 F.3d 201 (4th Cir. 2019)
Overview
David represents local, national, and global commercial clients in complex litigation in federal and state courts.
For more than two decades, David has counseled clients regarding federal and state consumer protection laws, compliance with banking laws, and tried multiple cases involving allegations of improper debt collection, predatory lending, fraud, negligence, and violations of federal and state consumer credit and protection statutes. He also served as regional counsel for one of the country's largest national banking associations, overseeing litigation in 16 states.
David has served on national case work-up and discovery teams for defendants in federal multi-district litigation and has litigated hundreds of cases involving product manufacture and design, the construction industry, the healthcare and pharmaceutical industries, the energy industry (including coal, oil, natural gas and electric power generation), the automotive industry, and the transportation industry.
Reported Cases
Publications and Presentations
- Co-Author, Oil and Gas Operations on Public Lands in the Marcellus Shale Region, 32nd Annual Energy & Mineral Law Foundation Institute, 2011.
- Presenter, Contractors Association of West Virginia Risk Avoidance Seminar, Charleston, WV
- Contributing author, American Bar Association Construction Law Sourcebook.
- Contributing author, American Law Firm Association Transportation Law Compendium
- Lecturer, West Virginia State Bar, Continuing Legal Education - Defending Consumer Claims in West Virginia
Professional Recognition
- West Virginia SuperLawyers® Rising Star 2008 - 2012
- Distinguished Peer Review Rating, Martindale-Hubbell
- The Best Lawyers in America ©- Commercial Litigation 2015-2026
Bar Admissions
- WEST VIRGINIA
- Supreme Court of Appeals of West Virginia
- U.S. District Court for the Northern District of West Virginia
- U.S. District Court for the Southern District of West Virginia
- U.S. Court of Appeals for the Fourth Circuit
- KENTUCKY
- Kentucky Court of Justice
- U.S. Court of Appeals for the Sixth Circuit
- U.S. District Court for the Western District of Kentucky
- U.S. District Court for the Eastern District of Kentucky
Professional Background and Organizations
- Associate/Member, Robinson & McElwee, PLLC 1998-2013
- Member, Defense Trial Counsel of West Virginia
- Member, Defense Research Institute
- Appointee, WVU College of Law Dean's Development Council, 2010 - 2016
Federal Multi-District Litigation
- Combat Arms Earplug Products Liability Litigation (N.D. Fla.)
- Ethicon, Inc. Pelvic Repair System Products Liability Litigation (S.D. W.Va.)
- Aqueous Film-Forming Foams (AFFF) Products Liability Litigation (D. S.C.)
- Aflibercept Patent Litigation (N.D. W.Va.)