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

David 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. David 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), David 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. David is an elected councilor of the North Carolina State Bar and a former chair of its Ethics Committee.

In 2020, David won the NCADA Award for Excellence in Trial Advocacy established “to recognize members who have demonstrated over their career sustained excellence advocating for their clients in legal proceedings while maintaining the highest degree of professionalism. This award recognizes members who are eminently qualified to advocate for clients in state and federal courtrooms. They are considered by the NCADA as among the finest trial lawyers in the state. Not only have they consistently obtained favorable results for their clients, they have done so while exhibiting a command of the skills necessary to obtain such results. Importantly, their accomplishments were brought about without sacrificing any of the high ethical and moral standards espoused by the NCADA.”

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

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

Recently reported decisions include Red Valve, Inc. v. Titan Valve, Inc., 2021-NCSC-17, 376 N.C. 798, 854 S.E. 2d 580 (2021) a trade secret and commercial piracy case, Kelly v. Cap. Senior Living Corp., 850 F. App'x 194 (4th Cir. 2021) (per curiam) upholding client’s arbitration agreement, and Erwin v. Myers Park Country Club, Inc., No. 21 CVS 4936, 2021 WL 3179142 (N.C. Super. July 27, 2021) which defines a shareholder’s right to inspect corporate records.
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.
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

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

Recently reported decisions include Red Valve, Inc. v. Titan Valve, Inc., 2021-NCSC-17, 376 N.C. 798, 854 S.E. 2d 580 (2021) a trade secret and commercial piracy case, Kelly v. Cap. Senior Living Corp., 850 F. App'x 194 (4th Cir. 2021) (per curiam) upholding client’s arbitration agreement, and Erwin v. Myers Park Country Club, Inc., No. 21 CVS 4936, 2021 WL 3179142 (N.C. Super. July 27, 2021) which defines a shareholder’s right to inspect corporate records.
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.
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

Visit Idea Exchange

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.

NCADA Award for Trial Excellence (2020)
"Acritas Star" by Acritas (2019)
The Best Lawyers in America© Lawyer of the Year for Mass Tort Litigation/Class Actions – Defendants in Charlotte, N.C. (2017, 2020)
The Best Lawyers in America© Lawyer of the Year for Personal Injury Litigation – Defendants in Charlotte, N.C. (2013)
The Best Lawyers in America© Lawyer of the Year for Product Liability Litigation – Defendants in Charlotte, N.C. (2012)
The Best Lawyers in America© — Mass Tort Litigation/Class Actions — Defendants, Medical Malpractice Law — Defendants, Personal Injury Litigation —Defendants, Product Liability Litigation — Defendants (2005–2022); Commercial Litigation (2022)
North Carolina Super Lawyers List in Class Action/Mass Torts, Personal Injury – Products: Defense, and Civil Litigation: Defense (2006–2021)
Business North Carolina Magazine’s "Legal Elite" (2005–2007, 2010, 2013, 2017–2019, 2021)
North Carolina Lawyers Weekly Leaders in the Law (2012)

Professional Activities

Chief Justice's Commission on Professionalism, Supreme Court of North Carolina (2021–present)
North Carolina State Bar
North Carolina Bar Association
North Carolina Association of Defense Attorneys
Defense Research Institute
International Association of Defense Counsel

Overview

David 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. David also represents excess carriers on high value matters, both actively and as monitoring counsel.

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

Recently reported decisions include Red Valve, Inc. v. Titan Valve, Inc., 2021-NCSC-17, 376 N.C. 798, 854 S.E. 2d 580 (2021) a trade secret and commercial piracy case, Kelly v. Cap. Senior Living Corp., 850 F. App'x 194 (4th Cir. 2021) (per curiam) upholding client’s arbitration agreement, and Erwin v. Myers Park Country Club, Inc., No. 21 CVS 4936, 2021 WL 3179142 (N.C. Super. July 27, 2021) which defines a shareholder’s right to inspect corporate records.
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.
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

Articles & Speeches

Visit Idea Exchange

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.

NCADA Award for Trial Excellence (2020)
"Acritas Star" by Acritas (2019)
The Best Lawyers in America© Lawyer of the Year for Mass Tort Litigation/Class Actions – Defendants in Charlotte, N.C. (2017, 2020)
The Best Lawyers in America© — Mass Tort Litigation/Class Actions — Defendants, Medical Malpractice Law — Defendants, Personal Injury Litigation —Defendants, Product Liability Litigation — Defendants (2005–2022); Commercial Litigation (2022)
North Carolina Super Lawyers List in Class Action/Mass Torts, Personal Injury – Products: Defense, and Civil Litigation: Defense (2006–2021)
Business North Carolina Magazine’s "Legal Elite" (2005–2007, 2010, 2013, 2017–2019, 2021)
North Carolina Lawyers Weekly Leaders in the Law (2012)

Professional Activities

Chief Justice's Commission on Professionalism, Supreme Court of North Carolina (2021–present)
North Carolina State Bar
North Carolina Bar Association
North Carolina Association of Defense Attorneys
Defense Research Institute
International Association of Defense Counsel