David is Chair of the firm's Litigation practice group and has over 30 years of experience litigating complex business cases in state and federal courts. David focuses his practice on cases involving banking, securities and accounting issues, disputes between buyers and sellers of businesses, disputes among owners of businesses, minority shareholder disputes, and the defense of class actions. He regularly represents individuals, local businesses, national and international corporations, and financial institutions. David has been with Poyner Spruill since 1988.
Representative Experience
RBC Bank v. Epps, et al - Counsel for RBC Bank in a multi-faceted effort to recover significant losses incurred by the bank in a mortgage fraud scheme perpetrated against the bank in 2008 by a huge conspiracy involving realtors, mortgage brokers, developers and bank employees.
Beadneal v. BB&T et al (North Carolina Business Court)(2011) – Counsel for BB&T in 350 plaintiff action alleging wide-ranging mortgage fraud scheme in coastal developments. Plaintiffs’ motion for
preliminary injunction denied and claims against BB&T dismissed on Rule 12 motion.
Stratton v. RBC Bank (North Carolina Business Court) – Counsel for RBC in a case involving an ancient stock certificate. Plaintiff claimed she was entitled to thousands of shares of RBC common stock because she located, in 1982, a certificate for 5 shares of stock that had been purchased in her mother’s name in 1927 in a distant predecessor of RBC. Plaintiff did not bring suit until 2008. RBC was granted summary judgment by the trial court and the decision was affirmed by the Court of Appeals.
Wefald v. Wake Heart and Vascular Associates (North Carolina Business Court)(2009) – Counsel to Wake Heart in wrongful termination and shareholder dispute with former member of the practice.
Carl v. State Health Plan and MedAmerica Insurance Company (Wake County Superior Court) - Counsel to MedAmerica in class action on behalf of 3000 current and retired state employees who purchased long term care (LTC) insurance through a plan sponsored by the State Health Plan. Plaintiffs alleged that their LTC rates increased more than they should have when the State terminated its contract with MedAmerica at the end of 2004 and replace MedAmerica with another LTC carrier whose rates were significantly higher. Case settled in 2009 with substantially all of the costs of settlement incurred by the State Health Plan.
Laws v. Morris Schneider Prior and Priority Trustee Services, Inc. (U.S. District Court, Western District of North Carolina) - Counsel to Priority Trustee Services in class action filed in 2008 related to foreclosure procedures in North Carolina.
Marotta et al. v. DataCraft Solutions, Inc. (North Carolina Business Court) (2008) - Counsel for minority shareholders in dissenters' rights claim. Case settled at mediation.
Lockhart v. Southern Jet, Inc. et al. (North Carolina Business Court) (2008) - Counsel for minority shareholders in breach of fiduciary duty claim. Case settled at mediation.
- Luck et al. v. Mitsubishi Motors Credit of America, et al. (Randolph Co. 2007)
- Dickerson v. RBC Centura Securities (NASD arbitration) (2006)
- George Henry Winslow Charitable Trust v. RBC Centura Securities (NASD arbitration) (2005)
- Sleepworks, Inc. v. Carolina Diagnostics, Inc. (Wake County Superior Court) (2005)
- Carolina Women's Wellness Center v. Professional Management Healthcare Consultants, Inc. (Wake County Superior Court) (2005)
- Glennview Memorial Park, Inc. v. Nationwide Mutual Insurance Co. (Wake County Superior Court) (2005)
- Couch v. Saturn of Raleigh (Durham County Superior Court) (2004)
- Poulsen v. Amerimann Partners (AAA arbitration) (2003)
- ePlus v. RBC Centura Bank (AAA arbitration) (2002)
- Tri-Center v. IBM (U.S. District Court, Middle District of North Carolina) (2002)
- Parker v. General Electric, 247 F.3d 543 (4th Cir., 2001) (U.S. District Court, Eastern District of North Carolina; U.S. Bankruptcy Court, District of Delaware; Robeson County Superior Court)
- Maynard v. Amerada Hess Corporation, et. al. (New Hanover County Superior Court) (2000)
- Armstrong v. Leith, Inc., 1999 U.S. Dist. LEXIS 12770 (U.S. District Court, Eastern District of North Carolina) (1999)
- Granutec, Inc. v. Aetna and St. Paul Fire & Marine Ins. Co., 1998 U.S. Dist. LEXIS 3527 (U.S. District Court, Eastern District of North Carolina) (1998)
- Fountain Powerboats, Inc. v. Michael Jordan (U.S. District Court, Eastern District of North Carolina) (1998)
- Byers, et al. v. Centura Bank, 123 N.C. App. 689, 474 S.E.2d 404 1996 (North Carolina Business Court) (1996)
- McNeil, P.P.C. v. Granutec, Inc., 919 F. Supp. 198 (E.D.N.C. 1995) (U.S. District Court, Eastern District of North Carolina) (1995)
- Underwood v. Northwestern Mut. Life Ins. Co., 2002 N.C. App. LEXIS 2035 (2002)
- Mallad v. Golden Corral Franchising Sys., 1997 U.S. Dist. LEXIS 14500 (E.D.N.C. 1997)
- Baja Int'l v. Kia, No. 1996 U.S. Dist. LEXIS 3279 (E.D.N.C. 1996)
- Thompson Cadillac-Oldsmobile v. Oldsmobile Div. of Gen. Motors, 337 N.C. 806; 449 S.E.2d 758 (1994)
- North Carolina Eastern Municipal Power Agency v. Wake County, 100 N.C. App. 693, 398 S.E.2d 486 (1990)
- Blow v. Shaughnessy, 88 N.C. App. 484, 364 S.E.2d 444 (1988)
- Long Island Lighting Co. v. Transamerica Delaval, 646 F. Supp. 1442 (S.D.N.Y. 1986)
- Sperry Corp. v. Lynch, 76 N.C. App. 327, 332 S.E.2d 757 (1985)
- In re Appeal of Champion International Corp, 74 N.C. App. 639, 329 S.E.2d 691 (1985)
- Jones v. Gwynne, 64 N.C. App. 51, 306 S.E.2d 574 (1983), affirmed in part and reversed in part, 312 N.C. 393, 323 S.E.2d 9 (1984)
- Insurance for "Advertising Injury Liability" Provides Coverage for Trademark and Trade Dress Infringement Claims, IP Links, NCBA Intellectual Property Section, Vol. 8, No. 3, May 1997
- Civil Rico After Sedima, The Litigator, NCBA Litigation Section, Vol. 7, No. 2, February 1987
read all representative experienceFirm Management Responsibilities
David is Chair of the firm's Litigation practice group.
Prior Legal Experience
Prior to joining Poyner Spruill, David practiced with Hunton & Williams in Raleigh from 1981 to 1987.