David is a Shareholder in Maynard Cooper and Gale's Mobile office. He is a member of the Admiralty and Maritime practice. David is also a member of the Banking, Bankruptcy and Restructuring, ERISA & Group Insurance Litigation, Insurance & Financial Services Litigation, Product Liability and Labor & Employment practices. His litigation practice has included jury and non-jury trials and appeals in federal and state courts.
Handled successfully 90% disability 905(b) case brought by longshoreman against vessel owner. Charterer rejected contributing to settlement. Supported by us, London solicitors nonetheless obtained significant contribution through London Arbitration.
Successfully represented vessel interests in utilizing Kings Point hydrodynamics expert to settle breakaway-caused pier damage case at significantly less than pro rata share, in spite of initial testimony of co-defendant's representatives who claimed vessel 100% at fault.
Helped to analyze and support nine-figured partially secured claim in Bankruptcy Court and participated as local counsel in numerous hearings and ultimately to compromise numerous multi-party interests in largest Chapter 11 case in history of U.S. Bankruptcy Court for the Southern District of Alabama.
Out of Bankruptcy Court matter, successfully lobbied through Alabama Congressional delegates and presented, with D.C. counsel, Congressional Reference Action that was tried in the U.S. Claims Court resulting in a significant award.
Successful resolution of claims for maintenance and cure and unseaworthiness involving seaman injured onshore while in service of tug.
Successful defense of unseaworthiness claim brought by engineer on coast-wise vessel.
Successful resolution of 33 U.S.C. 905(b) wrongful death claim by longshoreman's widow against vessel and multiple codefendants.
Successful resolution of 33 U.S.C. 905(b) permanent and total disability claim by establishing comparative fault at approximately 50%.
Numerous on-board investigations involving personal injury, property damage, stowaways and compliance with federal regulations.
Successful defense of collision/allision and wave action claims.
Successful negotiation with various governmental agencies regarding potential fines.
Handling of salvage claims after hurricanes.
Handling of release from attachment and arrest.
Bankruptcy and Creditors' Rights
Successfully represented largest secured creditor in largest Chapter 11 ever filed in the Southern District of Alabama.
Successfully defended preference and fraudulent transfer actions.
Successfully prosecuted a nondischargeability proceeding against a well-known manager of a securities brokerage.
Successfully represented one creditor bank in an adversary proceeding containing a RICO cause of action against another creditor bank that had fostered a check kiting scheme and had shut off the Chapter 11 Debtor's credit when the client bank was in its worst position and the defendant bank was in its best position.
Successfully presented numerous relief from stay adversary complaints.
Successfully represented two Chapter 11 Debtors.
Representation of Chapter 7 Trustees.
Significant representation of secured and unsecured creditors.
ERISA Rights and Litigation
Representation of insurance company involving successful removal to Federal Court of fraud in the inducement actions against agent and insurance company in case governed by ERISA. Litigation settled without additional payment by Plan or company involved.
Representation of ERISA Plan to defeat claim of survivor where Plan participant had elected benefit that cut off survivor upon participant's death. After removal, summary judgment for ERISA Plan.
Removal to federal courts and successful defense of numerous other cases.
First-Party Insurance Defense
Successful trials involving numerous insurance companies in which various defenses were asserted.
Successful settlement of case involving claim by widower where writing agent allegedly had knowledge of preexisting heart condition of deceased wife but company denied life insurance claim. Widower and minor children had home repossessed and were forced to live in a small camping trailer.
Successful resolution of case involving alleged bad faith since insurance company received anonymous call which allegedly should have put company on notice of preexisting condition.
Successful settlement in preexisting case after taking over representation from another firm and then changing theories of defense to suit the case more appropriately.
Successful trial of case brought by widow of decedent who allegedly failed to disclose medical condition.
Multiple summary judgments in bad faith cases.
Defense verdict for insurance company as to claim of long-term disability.
Successful settlements spanning from four figures into the seven figures.
Successful handling of numerous other cases involving alleged insurance company fraud and bad faith in life, disability, health, accident, fire and other matters, with and without alleged agent fraud, with and without mediation, including trials and settlements.
General Liability Insurance Defense
Summary judgment in slip and fall case involving major fast-food restaurant chain after deposition of plaintiff.
Successful settlements of numerous alcohol liability cases in various State Courts.
Successful defense in numerous cases involving all types of general liability claims.
Personal Injury Defense
Defense verdict in automobile liability case in which contributory negligence was successfully imputed to plaintiff.
Numerous successful settlements for major insurance company insureds, both with and without mediation.
Trials in all courts, in which various available defenses were asserted.
Defense of wrongful death cases.
Professional Liability Defense
Representation of numerous insurance agents in various cases where agent misconduct was alleged, including 2012 case in which agent was alleged to have caused aged widow to take out reverse mortgage to purchase large single payment life insurance policy. Investigation initiated by us reflected reverse mortgage pre-dated policy application date by enough time so as unlikely to have been encouraged by agent.
Representation of pharmacists of large regional drugstore chain in alleged misfilling of prescriptions cases.
Successful defense of battery explosion cases in State Court, representing various companies.
Successful participation as outside general counsel for major manufacturing company in defense of claim for alleged substandard manufacturing of products.
Successful defense of manufacturer of prosthetic devices.
Successful defense of automotive product case involving alleged toxic skin irritant. After deposition of plaintiff's expert, case dismissed by plaintiff without payment to plaintiff.
Successful summary judgments representing pharmacists in Fen-Phen litigation.
Workers' Compensation and Employment Law
Successful resolution of numerous workers' compensation cases, including first mesothelioma case filed in Mobile County, in which we participated in deposition by first mesothelioma expert, Dr. Irving Selikoff in New York.
Obtained summary judgment in retaliatory discharge case involving employee who also claimed workers' compensation benefits.
Sucessfully had court enforce arbitration clause contained in employment agreement in relaliatory discharge case.
Represented employers in various Title VII cases.
Provides advice with respect to criminal background checks, drug testing, job descriptions, and employee handbooks.
Nicholson v. Grieg Intern., A.S., 2006 WL 3063476 (S.D. Ala. October 27, 2006).
Argo Systems FZE v. Liberty Ins. PTE, Ltd., 2005 WL 1355060 (S.D. Ala. June 7, 2005).
CNA Intern. Reinsurance Co. v. CPB Enterprises, Inc., 982 F.Supp. 831 (S.D. Ala. 1997).
Landy v. Travelers Ins. Co.,______ Ala. ______, 530 So. 2d 214 (1988).
Newton v. United Chambers Insured Plans,______ Ala. ______ , 485 So. 2d 1147 (1986).
Merchants Nat. Bank of Mobile v. U.S., 5 Cl.Ct. 180, 32 Cont.Cas.Fed. (CCH) P. 72, 455 (1984).
Proctor, Maritime Law Association of the United States
Past Chairman, Bankruptcy Section, Mobile Bar Association.
Member, Defense Research Institute (Southeast Regional Representative, Life, Health & Disability Insurance Committee, 1994-2003).
Member, International Association of Defense Counsel (Chairman, Accident, Health and Life Committee, 1991-1994; Products Liability Committee; Professional Liability Committee; Transportation Committee).
Alabama Defense Lawyers Association
Briefing Judge, John R. Brown Admiralty Moot Court Competition, on annual basis
Legal Counsel and Executive Committee Member, Southeast Alabama Workforce Development Council
Vice-Chair Legal Mobile Area Chamber of Commerce (2006-2009); Vice-Chair Partners for Growth Mobile Area Chamber of Commerce (2011-present)
Current Board Member (President: 1991-1992), Mobile Area Council of the Boy Scouts of America, and Southeastern Advisory Board Member, Southeast Region, and National Eagle Scout Association; Recipient: Silver Beaver Award
Member, Senior Bowl Committee
Vestry, St. Paul's Episcopal Church (1978-1981; 2007-2010)