David is an AV-rated attorney with a focus in commercial litigation and insurance coverage and defense. He has served as lead counsel and co-counsel in numerous jury trials in state, federal and military venues and has handled matters for clients in 60 of Alabama’s 67 counties.
Overview
David is an AV-rated attorney with a focus in commercial litigation and insurance coverage and defense. He has served as lead counsel and co-counsel in numerous jury trials in state, federal and military venues and has handled matters for clients in 60 of Alabama’s 67 counties.
Practice Areas
About
David Fawal has over 30 years of experience practicing law. His experience is focused in insurance coverage and defense, personal injury defense, commercial litigation and general litigation matters. He has served in numerous jury trials as lead counsel and co-counsel in state, federal and military venues, including co-lead counsel in one of the first cases to go to trial against a leading ephedra manufacturer, related to the dangers of ephedra-based herbal supplements. David also represents several national insurers in defense of extra contractual claims and related litigation. David also serves as a member of the Firm’s Catastrophic Events and Major Claims Team. He has defended hundreds of cases arising from Hurricanes Katrina and Sandy for flood losses brought under flood insurance policies issued by Write Your Own insurers under the National Flood Insurance Program.
David is AV-rated by Martindale-Hubbell® and has been recognized by Best Lawyers in America® for his work in commercial litigation and insurance. Martindale-Hubbell® named him a Top Rated Lawyer in Insurance Law in 2013 and Birmingham Magazine selected him as a Top Attorney in Appellate, Civil Litigation and Insurance Defense Law in 2020. David is also a retired Commander in the U.S. Navy Reserve Judge Advocate General’s Corps.
He obtained his J.D. from Cumberland School of Law and is admitted to the Alabama State Bar, the U.S. District Courts for the Northern, Middle and Southern Districts of Alabama, the U.S. Supreme Court and the U.S. Courts of Appeals for the Armed Forces, Tenth and Eleventh Circuits.
Experience
- Defended hundreds of cases arising from Hurricanes Katrina and Sandy for flood losses brought under flood insurance policies issued by Write Your Own insurers under the National Flood Insurance Program.
- Represented numerous insurers and agents in defense of extracontractual claims, including alleged bad faith, fraud, and market misconduct and sales practices claims.
- Obtained summary judgment for an insurer client in a breach of contract and bad faith case, involving alleged arson and fraud by the insured, affirmed in full by the 11th Circuit Court of Appeals following oral argument.
- Numerous jury trials as lead counsel and co-counsel in state, federal and military venues.
- Co-lead counsel in one of the first cases to go to trial against a leading ephedra manufacturer, related to the dangers of ephedra-based herbal supplements. The almost three week trial resulted in a $4.1 million verdict. Although later reversed on appeal, the case led to the establishment of an ephedra MDL, and the global settlement by several manufacturers of ephedra-related injury claims.
- Worked for five years on the Managed Care MDL, representing all 700,000 of the Nation’s physicians and several state medical associations against alleged deceptive trade practices and contract violations of eight of the nation's largest health insurance companies. The case, which involved civil RICO (Racketeer Influenced Corrupt Organization Act) claims, expanded to include over 60 healthcare companies, and eventually led to settlements with the physicians, with benefits to the class estimated to exceed $2 billion dollars.
- Represented independent pharmacists in several anti-trust lawsuits against the four largest pharmacy benefit managers (PBMs) in the country. Two of the cases were certified as National classes to include nearly 25,000 independent pharmacists in the United States.
- Obtained a defense verdict for an insurance company client in an insurance fraud/arson trial following a two and a half week trial.
- Represented major insurer in "vanishing premium" class actions.
- Argued before the Alabama Supreme Court and the Eleventh Circuit Court of Appeals.
- Appeared in numerous state and federal courts across the country.
Distinctions
- Martindale-Hubbell®
- AV® – Preeminent™ Peer Review Rated, 2014-2022
- Top Rated Lawyer in Insurance Law, 2013
- Best Lawyers in America®
- Commercial Litigation, 2014-2025
- Insurance Law, 2016-2025
- Top Attorney in Appellate, Civil Litigation and Insurance Defense Law, Birmingham Magazine, 2020
- Commander, U.S. Navy Reserve Judge Advocate General's Corps (Retired)
- Active Military Duty, 1990-1995
- Reserve Military Duty, 1995-2017
Bar Admissions
- Alabama, 1990
- U.S. District Courts
- Alabama: Northern, Middle, Southern
- U.S. Court of Appeals
- Armed Forces
- 10th Circuit
- 11th Circuit
- U.S. Supreme Court
Education
- Cumberland School of Law, J.D., 1990
- Member, Trial Advocacy Board
- Associate Managing Editor of American Journal of Trial Advocacy
- Birmingham-Southern College, B.S., Psychology, cum laude, 1986
Associations
- American Bar Association
- Alabama Bar Association
- Disciplinary Rules and Enforcement Committee
- Military Law Committee
- Bench and Bar Relations Task Force
- Birmingham Bar Association
- Executive Committee, Place 3, 2023-2025
- Court Liaison Committee
- Co-Chair, 2021-2022
- Diversity and Inclusion Committee, 2020-2021
- Lifetime Achievement Award Committee, 2020-2022
- Nominating Committee, 2017-2019
- Grievance Committee
- Chair, 2015
- Group C
- Chair, 2012
- Medical Liaison Committee
- Chair, 2014
- Federal Practice Section
- Alabama Defense Lawyers Association
- Defense Research Institute (DRI)
- Veterans Network
- Vestavia Hills Chamber of Commerce
- Birmingham Business Alliance
- Association of Certified E-Discovery Specialists (ACEDS)
- Association of the U.S. Navy
- Claims and Litigation Management Alliance
Papers, Presentations & Publications
- David has spoken on topics as diverse as dietary supplement litigation, insurance coverage, and e-discovery.
- Co-Author, “Breaking down homeowners liability insurance coverage for coronavirus-related claims,” Memphis Business Journal, April 14, 2020.
- Author, "eDiscovery in 2013: What You Need to Know", Knowledge Congress, February 6, 2013.