Moore & Van Allen Law Firm, Attorneys
Practice Areas
  • B.A., University of North Carolina at Chapel Hill, 1979, Phi Beta Kappa
  • J.D., University of North Carolina at Chapel Hill, 1982
  • North Carolina, 1982
  • Western, Middle and Eastern District Federal Courts for the State of North Carolina
  • Administrative litigation
  • Medical malpractice defense actions
  • Title insurance claims
100 North Tryon Street
Suite 4700
Charlotte, NC 28202-4003

David E. Fox

Member (Retired)
Overview
News & Events
Professional Affiliations

David Fox has devoted his more than 30 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.

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

  • 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, 2007-2021; Bet-the-Company Litigation, 2007-2021; Construction Law, 2007-2021; Litigation - Construction, 2007-2021; Litigation - Environmental, 2007-2021
  • North Carolina Super Lawyers, General Litigation, Environmental Litigation, and Construction Litigation, 2006-2019
  • 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 

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