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David N. Allen

Partner

One Wells Fargo Center
301 South College Street
23rd Floor
Charlotte, NC 28202
T 704.417.3172
david.allen@nelsonmullins.com
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David Allen practices in litigation for a broad variety of clients. He has been trying lawsuits for more than 30 years with close to 100 juries empaneled during that time. He regularly represents pharmaceutical and medical device companies, manufacturing and chemical companies, local governments, physicians and hospitals, and corporations in complex business litigation in federal and...

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David Allen practices in litigation for a broad variety of clients. He has been trying lawsuits for more than 30 years with close to 100 juries empaneled during that time. He regularly represents pharmaceutical and medical device companies, manufacturing and chemical companies, local governments, physicians and hospitals, and corporations in complex business litigation in federal and state courts throughout the region. Mr. Allen also represents excess carriers on high value matters, both actively and as monitoring counsel.

A former president of the North Carolina Association of Defense Attorneys (NCADA), Mr. Allen is a frequent lecturer on substantive and technical aspects of trial practice for numerous sponsors of continuing legal education presentations, having addressed both the NCADA and the North Carolina Advocates for Justice in recent years. Mr. Allen is an elected councilor of the North Carolina State Bar and a former chair of its Ethics Committee.

state courts throughout the region. Mr. Allen also represents excess carriers on high value matters, both actively and as monitoring counsel.

A former president of the North Carolina Association of Defense Attorneys (NCADA), Mr. Allen is a frequent lecturer on substantive and technical aspects of trial practice for numerous sponsors of continuing legal education presentations, having addressed both the NCADA and the North Carolina Advocates for Justice in recent years. Mr. Allen is an elected councilor of the North Carolina State Bar and a former chair of its Ethics Committee.

Experience

Following is a selected sampling of matters and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future matter.

Representative Matters

  • Lead trial counsel in In Re: Pedestrian Walkway Failure Litigation, one of the largest mass tort actions in North Carolina history, involving more than 100 claimants, 47 lawsuits, several trials to verdicts, and more than half a dozen appeals to the North Carolina Court of Appeals
  • In January of 2018, began the defense of an international tire manufacturing company in the first of a series of cases involving 10 deaths and 8 significant personal injuries. After more than two weeks of pretrial motions and jury selection, the case was successfully resolved.
  • In December of 2017, successfully tried Bailey, et al v. Copart, Inc., et al, a case alleging the misappropriation of trade secrets as well as unfair and deceptive trade practices arising out of a non-disclosure and non-circumvention agreement. Plaintiff alleged that Copart misappropriated several of the trade secrets shared pursuant to the NDA and gained more than $50,000,000 in profits, which plaintiff claimed under an unjust enrichment theory.  A verdict for defendants on all claims was returned by the jury.
  • Most recent reported Appellate decision is HealthPrime, Inc. v. Smith/Packett/Med/Com, LLC, 2011 WL 2176166 (11th Cir.), a case involving complex issues of corporate governance, construing the Georgia Statute of Limitations
  • Recently tried a trade dress and Lanham Act case in the Western District of North Carolina, Irwin Industrial Tool Co. v. Worthington Cylinders Wisconsin, LLC, 2010 WL 565251 and prevailed in a 1983 action on behalf of the City of Asheville Robert D. Gaddy, Jr. v. W.M. Yelton, et al. 2011 WL 3608023 (W.D.N.C.) (January 20, 2012)
  • Involved across the country in national and multidistrict litigation and has been national counsel for his clients in medical device litigation
  • Regularly defends pharmaceutical companies in the Carolinas, achieving one of the first victories in the thimerosal litigation, foretelling the lack of a link between thimerosal and autism. Doe 2 v. Ortho-Clinical Diagnostics, Inc., 440 F.Supp.2d 465 (M.D.N.C. 2006)
Following is a selected sampling of matters and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future matter.

Representative Matters

  • Lead trial counsel in In Re: Pedestrian Walkway Failure Litigation, one of the largest mass tort actions in North Carolina history, involving more than 100 claimants, 47 lawsuits, several trials to verdicts, and more than half a dozen appeals to the North Carolina Court of Appeals
  • In January of 2018, began the defense of an international tire manufacturing company in the first of a series of cases involving 10 deaths and 8 significant personal injuries. After more than two weeks of pretrial motions and jury selection, the case was successfully resolved.
  • In December of 2017, successfully tried Bailey, et al v. Copart, Inc., et al, a case alleging the misappropriation of trade secrets as well as unfair and deceptive trade practices arising out of a non-disclosure and non-circumvention agreement. Plaintiff alleged that Copart misappropriated several of the trade secrets shared pursuant to the NDA and gained more than $50,000,000 in profits, which plaintiff claimed under an unjust enrichment theory.  A verdict for defendants on all claims was returned by the jury.
  • Most recent reported Appellate decision is HealthPrime, Inc. v. Smith/Packett/Med/Com, LLC, 2011 WL 2176166 (11th Cir.), a case involving complex issues of corporate governance, construing the Georgia Statute of Limitations
  • Recently tried a trade dress and Lanham Act case in the Western District of North Carolina, Irwin Industrial Tool Co. v. Worthington Cylinders Wisconsin, LLC, 2010 WL 565251 and prevailed in a 1983 action on behalf of the City of Asheville Robert D. Gaddy, Jr. v. W.M. Yelton, et al. 2011 WL 3608023 (W.D.N.C.) (January 20, 2012)
  • Involved across the country in national and multidistrict litigation and has been national counsel for his clients in medical device litigation
  • Regularly defends pharmaceutical companies in the Carolinas, achieving one of the first victories in the thimerosal litigation, foretelling the lack of a link between thimerosal and autism. Doe 2 v. Ortho-Clinical Diagnostics, Inc., 440 F.Supp.2d 465 (M.D.N.C. 2006)

Articles & Speeches

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Recognitions

The bar rules of some states require that the standards for an attorney’s inclusion in certain public accolades or recognitions be provided. When such accolades or recognitions are listed, a hyperlink is provided that leads to a description of the respective selection methodology.

Professional Activities

  • North Carolina State Bar
  • North Carolina Bar Association
  • North Carolina Association of Defense Attorneys
  • Defense Research Institute

David Allen practices in litigation for a broad variety of clients. He has been trying lawsuits for more than 30 years with close to 100 juries empaneled during that time. He regularly represents pharmaceutical and medical device companies, manufacturing and chemical companies, local governments, physicians and hospitals, and corporations in complex business litigation in federal and... state courts throughout the region. Mr. Allen also represents excess carriers on high value matters, both actively and as monitoring counsel.

A former president of the North Carolina Association of Defense Attorneys (NCADA), Mr. Allen is a frequent lecturer on substantive and technical aspects of trial practice for numerous sponsors of continuing legal education presentations, having addressed both the NCADA and the North Carolina Advocates for Justice in recent years. Mr. Allen is an elected councilor of the North Carolina State Bar and a former chair of its Ethics Committee.

Experience

Following is a selected sampling of matters and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future matter.

Representative Matters

  • Lead trial counsel in In Re: Pedestrian Walkway Failure Litigation, one of the largest mass tort actions in North Carolina history, involving more than 100 claimants, 47 lawsuits, several trials to verdicts, and more than half a dozen appeals to the North Carolina Court of Appeals
  • In January of 2018, began the defense of an international tire manufacturing company in the first of a series of cases involving 10 deaths and 8 significant personal injuries. After more than two weeks of pretrial motions and jury selection, the case was successfully resolved.
  • In December of 2017, successfully tried Bailey, et al v. Copart, Inc., et al, a case alleging the misappropriation of trade secrets as well as unfair and deceptive trade practices arising out of a non-disclosure and non-circumvention agreement. Plaintiff alleged that Copart misappropriated several of the trade secrets shared pursuant to the NDA and gained more than $50,000,000 in profits, which plaintiff claimed under an unjust enrichment theory.  A verdict for defendants on all claims was returned by the jury.
  • Most recent reported Appellate decision is HealthPrime, Inc. v. Smith/Packett/Med/Com, LLC, 2011 WL 2176166 (11th Cir.), a case involving complex issues of corporate governance, construing the Georgia Statute of Limitations
  • Recently tried a trade dress and Lanham Act case in the Western District of North Carolina, Irwin Industrial Tool Co. v. Worthington Cylinders Wisconsin, LLC, 2010 WL 565251 and prevailed in a 1983 action on behalf of the City of Asheville Robert D. Gaddy, Jr. v. W.M. Yelton, et al. 2011 WL 3608023 (W.D.N.C.) (January 20, 2012)
  • Involved across the country in national and multidistrict litigation and has been national counsel for his clients in medical device litigation
  • Regularly defends pharmaceutical companies in the Carolinas, achieving one of the first victories in the thimerosal litigation, foretelling the lack of a link between thimerosal and autism. Doe 2 v. Ortho-Clinical Diagnostics, Inc., 440 F.Supp.2d 465 (M.D.N.C. 2006)

Education

  • University of North Carolina School of Law, JD (1980)
  • University of North Carolina at Chapel Hill, AB (1977)

Admissions

  • North Carolina
  • Supreme Court of the United States
  • U.S. Court of Appeals for the Fourth Circuit
  • U.S. District Court for the Western District of North Carolina
  • U.S. District Court for the Middle District of North Carolina
  • U.S. District Court for the Eastern District of North Carolina

Practice Areas

Industries

The bar rules of some states require that the standards for an attorney's inclusion in certain public accolades or recognitions be provided. When such accolades or recognitions are listed, a hyperlink is provided that leads to a description of the respective selection methodology.

  • North Carolina State Bar
  • North Carolina Bar Association
  • North Carolina Association of Defense Attorneys
  • Defense Research Institute
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