Practice Areas
- Class Actions & Multi-District Litigation
- Commercial Construction & Development Litigation
- Environmental Litigation & Toxic Torts
- Government, Internal Investigations & Criminal Defense
- Litigation
- Real Estate, Land Use/Eminent Domain
- Unfair Trade & Antitrust
Education
- B.A., University of North Carolina at Chapel Hill, 1979, Phi Beta Kappa
- J.D., University of North Carolina at Chapel Hill, 1982
Bar & Court Admissions
- North Carolina, 1982
- Western, Middle and Eastern District Federal Courts for the State of North Carolina
Other Areas of Law
- Administrative litigation
- Medical malpractice defense actions
- Title insurance claims
David E. Fox
David Fox has devoted his 28 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.
Of Note
- Selected for inclusion in Best Lawyers in America for Commercial Litigation, Bet the Company Litigation,Construction Law, Construction Litigation and Envrionmental Litigation, 2007- 2012
- Selected for inclusion to the North Carolina Super Lawyers list in 2006- 2012. His primary areas of practice are General Litigation, Environmental Litigation, and Construction Litigation.
- North Carolina Super Lawyers TOP 100, 2009- 2011
- Included in Business North Carolina's Legal Elite list, 2006- 2011
News
- 2011 Legal Elite recognizes 21 MVA attorneys
- MVA attorneys honored by NC Super Lawyers
- Litigation Team Scores Win in Court of Appeals
- Thirty-six Moore & Van Allen Attorneys Named to North Carolina Super Lawyers 2010
- Thirty-two MVA Attorneys Named Best Lawyers in America
- Twenty-five MVA attorneys named NC Super Lawyers
Professional Affiliations
- American Bar Association: Litigation Section; Natural Resources Section; Environmental Energy Law Section
- North Carolina Bar Association: Litigation Section; Construction Section; Environmental and Natural Resources Law Section
- American Bar Association: Forum on the Construction Industry