David Fox has devoted his more than 30 year legal career to managing complex litigation cases at Moore & Van Allen.

Overview

Representative Experience
  • 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

    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

    Notable

    Notable

    • Best Lawyers in America, Raleigh Litigation - Environmental "Lawyer of the Year," 2013, 2019; Charlotte Litigation - Construction "Lawyer of the Year," 2020
    • Best Lawyers in America, Commercial Litigation, 2007-2022; Bet-the-Company Litigation, 2007-2022; Construction Law, 2007-2022; Litigation - Construction, 2007-2022; Litigation - Environmental, 2007-2022
    • North Carolina Super Lawyers, General Litigation, Environmental Litigation, and Construction Litigation, 2006-2019, 2021
    • North Carolina Super Lawyers, TOP 100, 2009-2011 
    • Business North Carolina, Legal Elite list, 2006-2011, 2013-2016, 2019, 2020
    • Martindale-Hubbell, North Carolina Top Rated Lawyer
    • Fellow, Litigation Counsel of America
    • Fellow, American Bar Foundation 

    News

    Affiliations

    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

    Capabilities

    Education

    J.D., University of North Carolina at Chapel Hill, 1982

    B.A., University of North Carolina at Chapel Hill, 1979, Phi Beta Kappa

    Admissions

    • North Carolina, 1982
    • Western, Middle and Eastern District Federal Courts for the State of North Carolina
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    Best Lawyers in America, Charlotte Litigation - Construction "Lawyer of the Year," 2020

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