David E. Fox

• Research Triangle Office
• TEL: (919) 286-8069
• FAX: (919) 416-8306
• davidfox@mvalaw.com
• vCard

Member

PO Box 13706
Research Triangle Park, NC
27709

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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

• Listed, Best Lawyers in America (Commercial Litigation, Bet the Company Litigation and Construction Law), 2007- 2010
• Listed, Law & Politics' North Carolina Super Lawyer (General Litigation, Environmental Litigation and Construction Litigation), 2006-2010
• North Carolina Super Lawyers TOP 100, 2009- 2010 
• Listed, Business North Carolina magazine's Legal Elite (Litigation, Environmental and Construction), 2006-2010 

News

• Litigation Team Scores Win in Court of Appeals
• Thirty-six Moore & Van Allen Attorneys Named to North Carolina Super Lawyers 2010
• Thirty-four MVA Attorneys Named Best Lawyers in America
• Twenty-five MVA attorneys named NC Super Lawyers
• Sixteen Moore & Van Allen Attorneys Named Legal Elite

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