David  C.  Marshall

Biography

David Marshall specializes in complex product liability and toxic tort litigation, serving as national coordinating counsel and trial counsel to assist clients in managing and defending litigation nationwide. David has tried more than 100 cases to verdict, including trying cases in California, Delaware, Florida, Georgia, Kentucky, New York, North Carolina, Pennsylvania, South Carolina, Tennessee, Texas, and Washington. 

Professional Expertise

Toxic Tort Litigation

David has defended many of the largest manufacturers and distributors of asbestos products.

  • Represented a national manufacturer of press equipment in a living lung cancer case where he received a favorable settlement after starting trial in New York, New York.
  • Represented a national manufacturer of building products in a mesothelioma wrongful death case that he favorably resolved during the second week of trial in Seattle, Washington.
  • Represented a national furnace manufacturer in a living peritoneal mesothelioma case where he received a favorable settlement during jury selection in Los Angeles, California.
  • Obtained a dismissal during jury selection for a boiler manufacturer in a mesothelioma case in Philadelphia, Pennsylvania.
  • Secured a defense verdict on behalf of a national building products manufacturer in a wrongful death mesothelioma case in Greenville, South Carolina.
  • Represented a boiler manufacturer in a living mesothelioma case where he received a favorable settlement during trial in New York, New York.
  • Secured a defense verdict on behalf of a national building products manufacturer in a wrongful death mesothelioma case in Wilmington, Delaware.
  • Secured a defense verdict on behalf of a national furnace manufacturer in a living mesothelioma case in Los Angeles, California.
  • Secured a defense verdict on behalf of an insulation contractor in a mesothelioma wrongful death case in Chattanooga, Tennessee. Plaintiff’s counsel demanded $10 Million during closing argument.
  • Instrumental in obtaining a ruling which held that claims against contractors for asbestos exposure are barred by the real property statute of repose, resulting in the dismissal of hundreds of lawsuits.
  • Represented a national manufacturer of building products in a lung cancer case in which Plaintiff alleged exposure to client’s asbestos-containing product. The trial resulted in a favorable verdict that Plaintiff is currently appealing.
  • David represented Owens-Corning Fiberglass in multiple trials around the country in the late 1990s involving asbestos-related deaths, during which he received defense verdicts and favorable settlement agreements.

Long Term Care/Assisted Living Litigation

David has represented some the nation’s largest long-term care and assisted living providers, including Golden Living Centers, Sunrise Senior Living, Delmar Gardens Enterprises, Gentiva (Kindred Healthcare), Signature Healthcare, Brookdale and Genesis HealthCare. Recent results include:

  • Obtained a dismissal during trial for a national hospice provider in Fulton County, Georgia. Plaintiff contended that the hospice provider committed fraud by executing documentation to provide hospice service to the Plaintiff without Plaintiff’s consent.
  • Secured a defense verdict for national assisted living facility in Gwinnett County, Georgia. Plaintiff sustained personal injuries and alleged both simple negligence and professional negligence. Plaintiff contended that Defendant violated multiple Georgia Personal Care Home Regulations, Georgia Residents Rights, and its own policies and procedures.

Product Liability Litigation

  • Represents Sunbelt Rentals, a leading distributor of industrial and construction rental equipment.
  • Defends numerous scaffolding, ladder and other industrial and construction equipment manufacturers and distributors.
  • Represents BMW of North America, Volkswagen of America and Audi of America for claims arising out of breach of warranty.
  • Obtained a directed verdict on behalf of an automobile manufacturer in a warranty claim where Plaintiff alleged defects which required multiple transmission replacements. The Plaintiff is currently appealing.

Premises Liability Litigation

  • David has represented Wendy’s and Arby’s Group, leading national restaurant chains, as well as multiple insurance carriers in a variety of claims across the nation.
  • Represented an apartment complex in a mold case in which Plaintiffs alleged that the apartment complex was negligent for failing to provide security, which resulted in the death of the decedent. The trial resulted in a favorable verdict.
  • Represented an apartment complex in a case in which Plaintiff alleged that the apartment complex was negligent for failing to provide security, which resulted in the death of the decedent. The trial resulted in a favorable verdict.
  • Represented a company that decommissioned MRI machines in a case in which the Plaintiff alleged a traumatic brain injury as a result of a decommissioning of a MRI machine that exploded during the process of being moved. The trial resulted in a favorable verdict that the Plaintiff is currently appealing.
  • Obtained a defense verdict on behalf of a hotel in Fulton County, Georgia. The plaintiff sustained personal injuries and claimed special damages of over $500,000 for past and future medicals, including a prosthetic elbow. The defense made an offer of judgment in the amount of $200,000 prior to the trial.

Services

Education

  • University of Georgia School of Law  (J.D.)
    • Upon graduation from law school, he served as an Assistant District Attorney in the Clayton Judicial Circuit, Georgia for four years, with a conviction rate of over ninety percent before entering private practice.
  • University of Georgia  (B.A., magna cum laude)
    • Phi Beta Kappa, Honors program

Bar Admissions

  • Florida
  • Georgia
  • Illinois
  • Missouri
  • New York
  • Texas
  • West Virginia

Courts

  • U.S. District Court for the Southern District of Georgia
  • U.S. District Court for the Northern District of Georgia
  • U.S. District Court for the Middle District of Georgia
  • U.S. Court of Appeals for the Eleventh Circuit
  • Supreme Court of Georgia

Professional Affiliations

  • Trial Attorneys of America
  • DRI
  • Georgia Defense Lawyer Association
    • Judicial Relations Committee Chair
  • Atlanta Bar Association
  • Atlanta Claims Association
  • ALFA International
  • Georgia Health Care Association
  • Georgia Senior Living Association
  • International Association of Defense Counsel
  • Long Term Risk Legal Forum
  • Lawyers Club of Atlanta
  • Old Warhorse Lawyers Club
  • Claims and Litigation Management Alliance (CLM)
  • Federation of Defense & Corporate Counsel (FDCC)
  • State Bar of Georgia
  • State Bar of Texas
  • The Florida Bar
  • Illinois State Bar Association
  • The Missouri Bar
  • New York State Bar Association
  • West Virginia State Bar

Honors

  • AV Preeminent® Peer Review Rated by Martindale-Hubbell®
  • The Best Lawyers in America©, Personal Injury Litigation (2017-2019)
  • Top Rated Healthcare Lawyer by Martindale-Hubbell® (2013)
  • Top Attorneys in Georgia, Atlanta Magazine (2012-2014, 2018)
  • Super Lawyer, Super Lawyers Magazine (2005-2019)
  • Super Lawyer, Super Lawyers Business Edition (2014)
  • Premier 100, National Academy of Jurisprudence (2016)

Trials

  • Estate v. Joint Compound Manufacturer, Circuit Court of Cook County, Illinois
  • Horst, et al. v. Union Carbide Corp., et al., Pennsylvania Court of Common Pleas, Lackawanna County
  • Tracy v. Asbestos Corporation Limited, et al., Superior Court of Floyd County, State of Georgia
  • Rinehart v. GFI Management Services, Inc., U.S. District Court for the Northern District of Georgia
  • Gatzonis v. Air and Liquid System Corporation, et al., Supreme Court of the State of New York
  • Mildred Cantrell v. VistaCare U.S.A., Inc. d/b/a VistaCare Hospice, Superior Court of Fulton County
  • Ryan George v. Jane Doe, Superior Court of Fayette County
  • Edwin Estenson, Deceased, et al. v. Certainteed Corporation, King County Superior Court
  • Gerald L. McDaniel, et al. v. Raypak, Inc., Superior Court of California, County of Los Angeles
  • David S. Madsen, Jr. and Barbara Madsen v. Raypak, Inc., et al., Court of Common Pleas, Philadelphia
  • Dutt Wagers, Jr. v. CertainTeed, Court of Common Pleas, Greenville County
  • Matt Terrey v. BMW of North America, Magistrate Court of Cobb County, Georgia
  • Aaron Spence, et al. v. Brencor Hickory Lakes, LLC, Superior Court of Cobb County
  • Gerald Moors and Joan Moors v. A.O. Smith Water Products, Inc., at al., Supreme Court of the State of New York
  • Wesley Hagan, Deceased v. Miles Properties, Inc., State Court of DeKalb County
  • Eric Morris v. Turnkey Engineering, Inc., State Court of Rockdale County
  • James Brunk v. CertainTeed, New Castle County
  • Robert J. Cox v. Rheem Manufacturing Co., Superior Court of California, County of Los Angeles
  • Bullard vs. Day Hospitality Group, Inc., State Court of Fulton County
  • Hugh Todd Nye v. National Service Industries, Inc., Circuit Court of Hamilton County
  • Judith Hunt, as the Administratix of Barbara Hunt v. Sunrise Senior Living Management, Inc., State Court of Gwinnett County
  • Jack Pounds v. Alfa Laval, Inc., Superior Court of California, County of Los Angeles
  • Ava Nell Dexter (James M. Dexter, Dec'd) v. CertainTeed, et al., Circuit Court of Marshall County
  • Rebecca Hill Albarado (Edward Albarado, Dec'd) v. CertainTeed, Superior Court of Fulton County
  • Robert Crowley and Ann Crowley v. CertainTeed, District Court of Dallas County
  • Timothy Flowers (Charles Flowers, Dec'd) v. Amchem, State Court of Fulton County
  • Susan Lynn Tillman v. DTF Trucking, Inc., Hartford Fire Insurance Company and Eddie T. Garrett, Superior Court of Clayton County
  • Bessie Starks v. Beverly Health & Rehabilitation Services, Inc., Magistrate Court of DeKalb County
  • Frances B. Roure v. Mrs. Winner's L.P., State Court of DeKalb County
  • Christopher Haywood v. Loftin's Rental, Inc. and Powermatic, Inc., United States District Court for the Middle District of Georgia
  • Cecil Strickland v. Owens-Corning Fiberglass, Superior Court of Fulton County
  • Johnny Butler v. Owens-Corning, United States District Court for the Middle District of Georgia
  • Marilyn Bittrich v. Atlanta Family Restaurants, United States District Court for the Northern District of Georgia
  • Marcella Crowe v. Transus, Inc., Superior Court of DeKalb County
  • Ernest Smith v. Owens-Corning, Superior Court of Bibb County
  • Thad Lee v. Owens-Corning, Superior Court of Glynn County
  • Chatham Transport v. Burdett, Superior Court of Clayton County
  • Oliver Powell v. Jewish War Veterans of the U.S.A. Atlanta Post 112, Inc. d/b/a Club 12, State Court of Fulton County
  • Douglas C. Collins and Brenda Collins v. Atlantic Pool Corp., State Court of Fulton County

Presentations

  • "Investigating Plaintiffs and Potential Jurors—From FOIA to Social Media," DRI, Austin, Texas (November 2018)
  • “National Coordinating Counsel Roundtable,” DALS, Orlando, Florida (June 2017)
  • “Asbestos Litigation – Current Status and Future Predictions,” Institute of Continuing Legal Education, Atlanta, Georgia (March 2017)
  • “A Claims Professional’s Guide to the Amphibole Defense,” In-house CLE Series, Boston, Massachusetts (January 2017)
  • "Defending Amphiboles in a Chrysotile World—Against Plaintiff and Co-Defendants," DRI, New Orleans, Louisiana (November 2016)
  • “Out of the Closet and Into the Facility: Ethically Managing the Needs of the Increasing LGBT Population," DRI, Nursing Home/ALF Litigation Seminar, Scottsdale, Arizona (September 2016)
  • “Personal Jurisdiction: The Daimler Dilemma,” In-house CLE Series, Hartford, Connecticut (June 2016)
  • Moderator, "View from the Bench: Jurists’ Share their Insights from Trials, Discovery Battles and Settlements in Long Term Care Cases," American Conference Institute, 6th Annual Forum on Long Term Care Litigation And Risk Management Strategies (January 2016)
  • "National Counsel Roundtable: Expectations of Counsel," DALS, Las Vegas, Nevada (June 2015)
  • "Long Term Care Litigation Boot Camp – Best Practices for Litigation Fundamentals: Plan of Action, Depositions, Pleadings, Experts, and Cross Examinations," American Conference Institute Preventing and Defending LTC Litigation, Miami, Florida (January 2015)
  • “Keeping Your Boiler Defendant from Losing Steam - Boiler Operation and Defense Strategy,” DRI, San Francisco, California (November 2014)
  • “Who is Filing Where? What to Look Out For,” Perrin Conferences, San Francisco, California (November 2014)
  • "A Personal Review of Asbestos Litigation History (1985-2014) and the Reemergence of Lung Cancer Cases," Perrin Conference, San Francisco, California (September 2014)
  • "A Personal Review of Asbestos Litigation History 1985-2014: Today's Changes and Defense Perspectives," DALS, Las Vegas, Nevada (June 2014)
  • "Conducting Critical Investigations – Including Researching Plaintiffs and Jury Pools," DRI, Miami Beach, Florida (November 2012)
  • "Mock Trial Voir Dire & Jury Selection," Perrin Conference, San Francisco, California (September 2012)
  • "Asbestos Litigation – Where It’s Been and Where It’s Going," Institute of Continuing Legal Education, Product Liability, Atlanta, Georgia (March 2011)
  • "OSHA and EPA (NESHAP) Standards – What Did They Really Say and When Did They Say It?" DRI, Las Vegas, Nevada (October 2006)
  • "Practical, Critical Post-Incident Investigation Do's and Don'ts," Risk and Insurance Management Society, Inc. (RIMS), Atlanta, Georgia (October 2006)
  • "The Life and Death of Ms. Smith at Peaceful Haven and the Subsequent Lawsuit Brought by Her Survivors," Georgia Health Care Association Mid-Year Convention, Stockbridge, Georgia (January 2006)
  • "Getting the Most from Your Depositions – Proper Interrogation Techniques: Practical and Effective Strategies for Deposing Product Identification Witnesses," Mealey's Litigation Conference, New Orleans, Louisiana (July 2005)
  • "Future of Litigation: Trends in Claims Filing and Litigation Costs and Recent Legislative Reform Efforts," Institute of Continuing Legal Education, Atlanta, Georgia (March 2005)
  • "Toxic Torts," Institute of Continuing Legal Education, Atlanta, Georgia (2005)
  • "Nursing Home Negligence," PESI, Atlanta, Georgia (2004)
  • "Defending Contractors and Suppliers," DRI, San Diego, California (2004)
  • "Nursing Home Litigation," DRI, Chicago, Illinois (2002)