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 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.

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 (11^th 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

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 (11^th 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

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.

Charlotte Best Lawyers Lawyer of the Year, Product Liability Litigation- Defendants (2012), Personal Injury Litigation- Defendants (2013), Mass Torts/Class Actions (2017)
The Best Lawyers in America© in Mass Tort Litigation, Medical Malpractice, Personal Injury Litigation and Product Liability Litigation (2005-2019)
North Carolina Super Lawyers List in Class Action/Mass Torts, Personal Injury – Products: Defense, and Civil Litigation: Defense (2006-2018)
Business North Carolina Magazine’s "Legal Elite" (2005-2007, 2010, 2013, 2017, 2018)
North Carolina Lawyers Weekly Leaders in the Law (2012)

Professional Activities

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

Overview

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.

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 (11^th 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

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.