David Fox has devoted his more than 30 year legal career to managing complex litigation cases at Moore & Van Allen.
- He has tried complicated multi-week jury trials in both the State and Federal Courts of North Carolina. Those include the defense of a mass tort action involving over 170 plaintiffs.
- He has also represented parties in complex arbitration proceedings, including a five-week hearing which resolved mass tort claims for injuries claimed as a result of exposure to contaminated groundwater and related class action property claims brought on behalf of property owners in an area of several square miles.
- He has tried adversary proceedings in Federal Bankruptcy Court and administrative cases under the North Carolina Administrative Procedures Act.
- He has also defended commercial parties in defense of products liability cases.
- He has argued appeals before the Fourth Circuit Court of Appeals, the North Carolina Court of Appeals and the North Carolina Supreme Court.
- He has examined and cross-examined expert witnesses in trials and arbitration proceeding on a variety of disciplines, including toxicology, fate and transport of contaminants in the environment, groundwater flow, groundwater modeling and property valuation.
- He has represented contractors and sureties in the negotiation of contracts and settlements, including in regard to surety takeovers of defaulted construction projects.
- He is admitted in and has handled cases in the Western, Middle and Eastern District Federal Courts for the State of North Carolina.
- He defended multiple litigation challenges filed against the contractor hired to site, design, build and operate a low-level radioactive waste facility in North Carolina. He also handled various permitting and related litigation challenges brought as obstacles to the construction of a large industrial facility in eastern North Carolina.
Mr. Fox's practice includes:
- Commercial and business litigation, including business torts, covenants not to compete, contract disputes, trade secret and intellectual property matters.
- Environmental litigation, including facility siting litigation, toxic torts and property damage actions related to the release of hazardous and other substances.
- Construction and surety litigation, including disputes between owners, contractors and sureties, as well as disputes between owners, contractors and design professionals.
- Medical malpractice defense actions.
- Title insurance claims.