David C. Marshall

Partner
Photo of David C.  Marshall
303 Peachtree Street, NE
Suite 4000
Atlanta, GA 30308-3243

         

David Marshall specializes in representing defendants in product liability litigation, including toxic torts, and long-term care facilities, assisted living facilities and related specialties. He has defended and tried a wide variety of claims including asbestos, many types of products, premises, trucking, long-term care, breach of warranty, and disputes over commercial transactions.

A former prosecutor, he has tried over one hundred cases to verdict. In addition to Georgia, he has tried cases in California, Delaware, Florida, Kentucky, New York, North Carolina, Pennsylvania, South Carolina, Tennessee, Texas, and Washington. He leads the Firm’s  Long Term Care/Assisted Living Litigation Practice Group.

David also serves as national coordinating counsel and national trial counsel to assist clients in managing and defending litigation nationwide.

Professional Experience

Toxic Tort Litigation

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

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: 

Product Liability Litigation

Premises Liability Litigation

Professional affiliations


PRESENTATIONS AND PUBLICATIONS
 
“National Coordinating Counsel Roundtable,” Defense Asbestos Lawyers Seminar (DALS), Orlando, Florida (June 8, 2017)

“Asbestos Litigation - Current Status and Future Predictions,” Institute of Continuing Legal Education, Atlanta, Georgia (March 30, 2017)

"Defending Amphiboles in a Chrysotile World—Against Plaintiff and Co-Defendants," Defense Research Institute, Asbestos Medicine Seminar, New Orleans, Louisiana (November 10-11, 2016)

“Out of the Closet and Into the Facility: Ethically Managing the Needs of the Increasing LGBT Population," Defense Research Institute, Nursing Home/ALF Litigation Seminar, Scottsdale, Arizona (September 9, 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 21-22, 2016)

"National Counsel Roundtable: Expectations of Counsel," The Defense Asbestos Litigation Seminar, 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 28-30, 2015)

“Keeping Your Boiler Defendant from Losing Steam - Boiler Operation and Defense Strategy,” Defense Research Institute Asbestos Medicine Seminar, San Francisco, California (November 6-7, 2014)

“Who is Filing Where? What to Look Out For,” Perrin Conferences’ Defense Strategic Summit, San Francisco, California (November 5, 2014)

"A Personal Review of Asbestos Litigation History (1985-2014) and the Reemergence of Lung Cancer Cases," Perrin Litigation Conference, San Francisco, California (September 2014)

"A Personal Review of Asbestos Litigation History 1985-2014: Today's Changes and Defense Perspectives," The Defense Asbestos Litigation Seminar, Las Vegas, Nevada (June 2014)

"Conducting Critical Investigations -- Including Researching Plaintiffs and Jury Pools," Defense Research Institute, Miami Beach, Florida (November 8-9, 2012)

"Mock Trial Voir Dire & Jury Selection," Perrin Litigation 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)

"Apportionment of Fault to a Non-Party: Pointing Fingers to Victory," Georgia Defense Lawyers Association Law Journal (March 2011)

"OSHA and EPA (NESHAP) Asbestos Standards -- What Did They Really Say and When Did They Say It?" Defense Research Institute, Las Vegas, Nevada (October 26-27, 2006)

"Practical, Critical Post-Incident Investigation Do's and Don'ts," Risk and Insurance Management Society, Inc. (RIMS), Atlanta, Georgia (October 19, 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 19, 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 21-22, 2005)

"Future of Asbestos Litigation: Trends in Asbestos 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," Defense Research Institute, San Diego, California (2004)

"Nursing Home Litigation," Defense Research Institute, Chicago, Illinois (2002)

Honors

Articles and publications

Trials

Previous Page

Practice areas

Education

J.D., University of Georgia School of Law

B.A., magna cum laude, University of Georgia

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.

Bar admissions

Courts

News

Events and speaking engagements