David practices in the area of employment litigation, where he represents management in employment discrimination, wrongful discharge and ERISA claims, and in the area of complex commercial litigation, where he represents businesses in contract disputes and business torts. He regularly advises and defends clients in race, age, disability and sex discrimination and harassment cases before the EEOC and in state and federal court; reviews handbooks and termination issues; and provides compliance advice to employers on matters of employment law.
Representative Experience
McNeil v. Scotland County - Obtained summary judgment for employer in suit where plaintiff alleged race discrimination and retaliation in violation of Title VII of the Civil Rights Act as well as violation of the Americans with Disabilities Act. Successfully defended the judgment in the Fourth Circuit Court of Appeals.
Williams v. City of Fayetteville - Obtained summary judgment for City Manager on former employee’s claims of retaliation for exercising First Amendment rights, violations of due process, and intentional infliction of emotional distress.
McDonald v. Black & Decker (U.S.) Inc. - Obtained summary judgment for employer in employee’s claim under the North Carolina Retaliatory Employment Discrimination Act that she had been retaliated against for filing a workers compensation claim.
Griffin v. Estes Express Lines - Defeated claim of breach of fiduciary duty brought against employer under the Employee Retirement Income Security Act (ERISA).
Biery, et al v. Estes Express Lines - Successfully defended retaliation claim brought by former employees under the Employee Retirement Income Security Act (ERISA). Plaintiffs attempted to certify a class action against the employer. The case was vigorously defended through the pre-certification stage and plaintiffs dropped the claim.
Webster v. Black & Decker (U.S.) Inc., et al. - Obtained summary judgment in claim for benefits under the Employee Retirement Income Security Act (ERISA) and for breach of fiduciary duty against Employer. Successfully defended the judgment in the Fourth Circuit Court of Appeals.
Talantis v. Paugh Surgical - Defeated employee’s claim under North Carolina Sales Representatives Commission Act on a motion to dismiss, and achieved early resolution favorable to client on wage and hour claim.
read all representative experience