David C. Marshall
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.
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.
- Trial Attorneys of America
- Defense Research Institute (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
PRESENTATIONS AND PUBLICATIONS
“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)
- AV Preeminent® Peer Review Rated by Martindale-Hubbell®
- The Best Lawyers in America©, Personal Injury Litigation (2017-2018)
- Top Rated Healthcare Lawyer by Martindale-Hubbell® (2013)
- Top Attorneys in Georgia, Atlanta Magazine (2012-2014)
- Super Lawyer, Super Lawyers Magazine (2005-2018)
- Super Lawyer, Super Lawyers Business Edition (2014)
- Premier 100, National Academy of Jurisprudence (2016)
Articles and publications
- Horst, et al. v. Union Carbide Corp., et al.
- Tracy v. Asbestos Corporation Limited, et al.
- Rinehart v. GFI Management Services, Inc.
- Gatzonis v. Air and Liquid System Corporation, et al.
- Mildred Cantrell v. VistaCare U.S.A., Inc. d/b/a VistaCare Hospice
- Ryan George v. Jane Doe
- Edwin Estenson, Deceased, et al. v. Certainteed Corporation
- Gerald L. McDaniel, et al. v. Raypak, Inc.
- David S. Madsen, Jr. and Barbara Madsen v. Raypak, Inc., et al.
- Dutt Wagers, Jr. v. CertainTeed
- Matt Terrey v. BMW of North America
- Aaron Spence, et al. v. Brencor Hickory Lakes, LLC
- Gerald Moors and Joan Moors v. A.O. Smith Water Products, Inc., at al.
- Wesley Hagan, Deceased v. Miles Properties, Inc.
- Eric Morris v. Turnkey Engineering, Inc.
- James Brunk v. CertainTeed
- Robert J. Cox v. Rheem Manufacturing Co.
- Bullard vs. Day Hospitality Group, Inc.
- Hugh Todd Nye v. National Service Industries, Inc.
- Judith Hunt, as the Administratix of Barbara Hunt v. Sunrise Senior Living Management, Inc.
- Jack Pounds v. Alfa Laval, Inc.
- Ava Nell Dexter (James M. Dexter, Dec'd) v. CertainTeed, et al.
- Rebecca Hill Albarado (Edward Albarado, Dec'd) v. CertainTeed
- Robert Crowley and Ann Crowley v. CertainTeed
- Timothy Flowers (Charles Flowers, Dec'd) v. Amchem
- Susan Lynn Tillman v. DTF Trucking, Inc., Hartford Fire Insurance Company and Eddie T. Garrett
- Bessie Starks v. Beverly Health & Rehabilitation Services, Inc.
- Frances B. Roure v. Mrs. Winner's L.P.
- Christopher Haywood v. Loftin's Rental, Inc. and Powermatic, Inc.
- Cecil Strickland v. Owens-Corning Fiberglass
- Johnny Butler v. Owens-Corning
- Marilyn Bittrich v. Atlanta Family Restaurants
- Marcella Crowe v. Transus, Inc.
- Ernest Smith v. Owens-Corning
- Thad Lee v. Owens-Corning
- Chatham Transport v. Burdett
- Oliver Powell v. Jewish War Veterans of the U.S.A. Atlanta Post 112, Inc. d/b/a Club 12
- Douglas C. Collins and Brenda Collins v. Atlantic Pool Corp.
J.D., University of Georgia School of Law (1982)
B.A., magna cum laude, University of Georgia (1979)
- Phi Beta Kappa, Honors program
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.
- United States District Court for the Southern District of Georgia
- United States District Court for the Northern District of Georgia
- United States District Court for the Middle District of Georgia
- United States Court of Appeals for the Eleventh Circuit
- Georgia Supreme Court
- HPTY Obtains Two Defense Verdicts in Lackawanna County, Pennsylvania
- Seventeen Lawyers Selected to The Best Lawyers in America© 2018
- Twenty Lawyers Selected to Georgia's 2017 Super Lawyers®
- Favorable Verdict in Catastrophic Balcony Fall and Shooting
- Sixteen Lawyers Selected to The Best Lawyers in America© 2017
- David Marshall Appointed Chair of GDLA’s Judicial Relations Committee
- Hospice Provider Dismissed in Fraud Allegations
- Favorable Verdict in High-Stakes Pedestrian Accident
- David C. Marshall Receives Defense Verdict in South Carolina Trial
- David Marshall and Chris Lang Published in GDLA's Law Journal
- David Marshall Presented in Atlanta at the ICLE Product Liability Program
- David Marshall and Bill Wood Obtain Directed Verdict in Breach of Warranty Case
- David Marshall and Eric Ludwig Prevail Before the Kentucky Supreme Court
- David Marshall and Chris Lang Receive Favorable Verdict in Mold Exposure Case
- David Marshall and Chris Lang Obtain Favorable Verdict in Premises Liability Case
- David Marshall Successfully Defends Traumatic Brain Injury Case
- David Marshall Receives Defense Verdict in Mesothelioma Case
- David Marshall, Peter York and Erin Hayner Obtain Defense Verdict in Los Angeles