Trucking Liability Defense
Workers' Compensation
Products Liability
Professional Liability Litigation
Premises Liability
Personal Injury Litigation
Medical & Legal Malpractice
Labor & Employment Law
Insurance Subrogation
Insurance Coverage & Defense
Insurance & Bad Faith
Independent Investigative Analysis
Health Law
ERISA & Disability
Education Law
Construction Litigation
Commercial Litigation
Business Law
Aviation Law
Asbestos
Arson & Fraud
Appellate Advocacy
David grew up in Fayetteville, Arkansas and attended Fayetteville High School. David has a Bachelor of Arts in Communications from the University of Kentucky, where he was a member of the college debate team. David then attended the University of Arkansas School of Law earning his Juris Doctor with honors in 1981. In law school, David served as the Associate Editor of the Arkansas Law Review. After law school, David clerked for United States District Court Chief Judge G. Thomas Eisele before beginning private practice.
David and Richard began the firm in 2000. David is licensed in both Arkansas and Arizona and has practiced in both jurisdictions. In 2010, David was appointed by the Judges of the Eastern District of Arkansas to the Court’s Federal Practice Committee. He has also conducted CLE seminars on federal court practice. David was the lead defense counsel in the litigation regarding the constitutionality of the “Arkansas Tort Reform” legislation. He also has more than 30 published appellate decisions, on which he served as both the lead trial and appellate counsel. David is an associate member of the American Board of Trial Advocates, for which he previously served as president of the Arkansas chapter, and a fellow in the American College of Trial Lawyers. He is an active member of the Defense Research Institute and the American Bar Association.
David and his wife live in Little Rock with their dog, Riley. Their daughter lives in New York. She has two sons, on whom David dotes. He loves taking his grandsons fishing and to the lake. David is an avid Chicago Cubs and Kentucky basketball fan. David has also written a novel titled A Fool’s Errand, which he published recently.
Broward Community College; University of Kentucky (B.A., 1977)
University of Arkansas (J.D., with honors, 1981)
Associate Editor, Arkansas Law Review, 1981
Law Clerk to G. Thomas Eisele, Chief U.S. District Judge
Eastern District of Arkansas, 1981-1983
Member, Arkansas Law Review, 1979-1981
David grew up in Fayetteville, Arkansas and attended Fayetteville High School. David has a Bachelor of Arts in Communications from the University of Kentucky, where he was a member of the college debate team. David then attended the University of Arkansas School of Law earning his Juris Doctor with honors in 1981. In law school, David served as the Associate Editor of the Arkansas Law Review. After law school, David clerked for United States District Court Chief Judge G. Thomas Eisele before beginning private practice.
David and Richard began the firm in 2000. David is licensed in both Arkansas and Arizona and has practiced in both jurisdictions. In 2010, David was appointed by the Judges of the Eastern District of Arkansas to the Court’s Federal Practice Committee. He has also conducted CLE seminars on federal court practice. David was the lead defense counsel in the litigation regarding the constitutionality of the “Arkansas Tort Reform” legislation. He also has more than 30 published appellate decisions, on which he served as both the lead trial and appellate counsel. David is an associate member of the American Board of Trial Advocates, for which he previously served as president of the Arkansas chapter, and a fellow in the American College of Trial Lawyers. He is an active member of the Defense Research Institute and the American Bar Association.
David and his wife live in Little Rock with their dog, Riley. Their daughter lives in New York. She has two sons, on whom David dotes. He loves taking his grandsons fishing and to the lake. David is an avid Chicago Cubs and Kentucky basketball fan. David has also written a novel titled A Fool’s Errand, which he published recently.
Broward Community College; University of Kentucky (B.A., 1977)
University of Arkansas (J.D., with honors, 1981)
Associate Editor, Arkansas Law Review, 1981
Law Clerk to G. Thomas Eisele, Chief U.S. District Judge
Eastern District of Arkansas, 1981-1983
Member, Arkansas Law Review, 1979-1981
Pulaski County, Arkansas, and
American Bar Associations
(Member, Sections on Litigation and Tort and Insurance Practice)
State Bar of Arizona
Defense Research Institute (Member: Life,
Health and Disability Committee)
American Board of Trial Advocates
(Arkansas Chapter President – 2008)
William R. Overton Inn of Court
American College of Trial Lawyers
Best Lawyers in America –
Personal Injury Litigation
Mid-South Super Lawyers -
Insurance Coverage
Chambers USA Leading Business Lawyer
(2007-2011) Labor and Employee Benefits
Top 50 Attorneys – Arkansas – Super Lawyers
Business Law
Commercial Litigation
Construction Litigation
ERISA & Disability Insurance Litigation
Insurance & Bad Faith Litigation
Insurance Coverage & Defense
Labor & Employment Law
Medical & Legal Malpractice
Personal Injury Litigation
Products Liability
Professional Liability Litigation
Trucking Liability Defense
Misrepresentation in the Life, Health, and Disabilty Insurance Application Process: A National Survey, Author of the Arkansas Section. American Bar Association, 2009.
Applying the Church Plan Exception to ERISA: When is a Benefit Plan Maintained by a Church?, Defense Research Institute, Life, Health and Disability News, September 2005.
Northwest Arkansas Conservation Authority v. Crossland Heavy Contractors, Inc.,
47 F.4th 705 (2022) (construction defect)
Quinn v. Travelers Indemnity Co.,
2022 Ark. App. 67, 641 S.W.3d 14 (2022) (insurance coverage)
Dowden, Trustee of Estate of Hugh Dana Huchingson v. Cornerstone National Ins. Co.,
11 F.4th 866 (2021) (insurance coverage)
Scottsdale Ins. Co. v. Thrower,
2021 Ark. App. 300, 626 S.W. 3d 163 (2021) (insurance coverage)
Daugherty v. Unum Group,
831 Fed. Appx. 230 (2020) (disability insurance)
Adeli v. Silverstar Automotive, Inc.,
960 F. 3d 452 (2020) (consumer fraud)
Hollowell v. Ally Bank,
779 Fed. Appx. 417 (2019) (consumer fraud)
Leonetti's Frozen Foods, Inc. v. Rew Marketing, Inc.
887 F.3d 438 (2018) (commercial litigation)
Brookewood, Ltd. Partnership v. DeQueen Physical Therapy and Occupational Therapy, Inc.,
2018 Ark. App. 204, 547 S.W.3d 461 (2018) (breach of contract)
Wait v. Elmen,
(commercial litigation)
Riggs-Degraftenreed v. Wells Fargo Home Mortgage, Inc.,
676 Fed. Appx. 6133 (2017) (consumer fraud)
Cach, LLC v. Echols,
2016 Ark. App. 446 (2016) (consumer fraud)
Bradbury v. Harvey,
2016 (commercial litigation)
Harris v. U.S.,
640 Fed. Appx. 600 (2016) (prisoner litigation)
American Alternative Ins. Corp. v. Williams,
632 Fed. Appx. 308 (2016) (insurance coverage)
Reeves v. King,
774 F.3d 430 (2014) (prisoner litigation)
Simpson v. Cavalry SPV I, LLC,
2014 Ark. 363 (2014) (consumer fraud)
Brown v. Mortgage Electronic Registration Systems, Inc.,
783 F.3d 926 (2013) (class certification)
Indigo LR, LLC v. Advanced Ins. Brokerage of Am., Inc.,
717 F.3d 630 (2013) (insurance agent e&o)
Southern Farm Bureau Cas. Ins. Co. v. Watkins,
2011 Ark. App. 388, 386 S.W.3d 6 (2011) (insurance bad faith)
Campbell v. Asbury Auto, Inc.,
2011 Ark. 157 (2011) (consumer class action)
Jewell v. Fletcher,
2010 Ark. 195 (2010) (attorney professional liability)
J.D. Ashley, Sr. Fam. Ltd. Partn. v. Valley Forge Ins. Co.,
395 Fed. Appx. 318 (8th Cir. 2010) (insurance coverage)
Rosby v. Unum Life Ins. Co.,
391 Fed. Appx. 579 (2010) (ERISA benefits)
State Farm Auto Ins. Co. v. Stamps,
2009 Ark. 621 (2009) (motor vehicle negligence, underinsured motorist benefits, and statutory damages).
Johnson v. Rockwell Automation, Inc.,
2009 Ark. 241, 308 S.W.3d 135 (2009) (products liability, tort reform)
Watkins v. S. Farm Bureau Cas. Ins. Co.,
2009 Ark. App. 693 (2009) (insurance coverage)
Chronister v. Unum Life Ins. Co. of Am.,
563 F.3d 773 (8th Cir. 2009) (ERISA)
Parker v. So. Farm Bureau Cas. Ins. Co.,
104 Ark. App. 301 (2009) (insurance coverage)
Bibbs v. Community Bank of Benton,
375 Ark. 150 (2008) (lender liability)
General Motors Corp. v. Bryant,
374 Ark. 38 (2008) (class certification)
Sims v. Moser,
373 Ark. 491 (2008) (legal malpractice)
Powers v. Unum Life Ins Co. of Am.,
277 Fed. Appx. 655 (2008) (ERISA benefits)
Bibbs v. Community Bank,
101 Ark. App. 462 (2008) (lender liability)
Huffman v. Landers Ford North, Inc.,
100 Ark. App. 159 (2007) (consumer fraud)
Sims v. Fletcher,
368 Ark. 178, 243 S.W.3d 863 (2006) (attorney professional liability)
McNeil v. Abiseid,
203 Fed. Appx. 748 (8th Cir. 2006) (ERISA)
Martin v. E-Z Mart Stores, Inc.,
464 F.3d 827 (8th Cir. 2006) (products liability)
Cotton v. Commodore Exp., Inc.,
459 F.3d 862 (2006) (insurance coverage)
Riddell v. Unum Life Ins. Co. of Am.,
457 F.3d 861 (8th Cir. 2006) (ERISA)
Asbury Auto Group, Inc. v. Palasak,
366 Ark. 601, 237 S.W.3d 462 (2006) (class certification)
Crisler v. Unum Life Ins. Co. of Am.,
366 Ark. 130, 233 S.W.3d 658 (2006) (insurance coverage)
Chronister v. Baptist Health,
442 F.3d 648 (8th Cir. 2006) (ERISA)
Hill v. Billups,
92 Ark. App. 259, 212 S.W.3d 53 (2005) (medical malpractice) (appellate counsel only)
Unum Life Ins. Co. of Am. v. Edwards,
362 Ark. 624, 210 S.W.3d 84 (2005) (insurance bad faith)
Med Marc Cas. Ins. Co. v. Forrest Healthcare, Inc.,
359 Ark. 495, 199 S.W.3d 58 (2004) (insurance coverage)
Williams v. First Unum Life Ins. Co.,
358 Ark. 224, 188 S.W.3d 908 (2004) (insurance coverage)
Miller v. Norris,
88 Fed. Appx. 976 (2004) (prisoner litigation)
Kolb v. Paul Revere Life Ins. Co.,
355 F.3d 1132 (2004) (disability insurance)
Anderson Gas & Propane, Inc. v. Westport Ins. Corp., 84 Ark. App. 310, 140 S.W.3d 504 (2004) (insurance coverage)
Pennsylvania Natl. Mut. Cas. Ins. Co. v. City of Pine Bluff,
354 F.3d 945 (8th Cir. 2004) (surety law and municipal immunity)
Wal-Mart Stores v. RLI Inc. Co.,
292 F.3d 583 (8th Cir. 2002) (insurance coverage and contractual indemnity)
Smith v. Chemical Leaman Tank Lines, Inc.,
285 F.3d 750 (2002) (personal injury)
Smith v. Unum Life Ins. Co. of Am.,
305 F.3d 789 (8th Cir. 2002) (ERISA)
American Investors Life Ins. Co. v. Butler,
76 Ark. App. 355, 65 S.W.3d 472 (2002) (insurance coverage)
Miller v. Pro-Transp.,
78 Ark. App. 52, 77 S.W.3d 551 (2002) (personal injury)
St. Paul Fire & Marine Ins. Co. v. Amsoil, Inc.,
51 Fed. Appx. 602 (8th Cir. 2002) (insurance coverage)
Elam v. First Unum Life Ins. Co.,
346 Ark. 291, 57 S.W.3d 165 (2001) (insurance coverage)
House v. Paul Revere Life Ins. Co.,
241 F.3d 1045 (8th Cir. 2001) (ERISA)
Elam v. First Unum Life Ins. Co.,
72 Ark. App. 54 (2000) (disability insurance)
Vincent Soybean & Grain Co. v. Lloyds Underwriters of London,
246 F.3d 1129 (8th Cir. 2001) (insurance bad faith)
Rosamond v. MCX Transport, Inc.,
168 F.3d 495 (8th Cir. 1999) (evidentiary rulings and personal injury)
Baker v. Safeco Ins. Co. Am.,
175 F.3d 618 (8th Cir. 1999)(insurance bad faith)
Bristol-Myers Squibb Co. v. Saline Cty. Cir. Ct.,
329 Ark. 357, 947 S.W.2d 12 (1997) (medical malpractice)
Nabholz Constr. Corp. v. Graham,
319 Ark. 396, 892 S.W.2d 456 (1995) (contractual indemnity)
Farm Bureau Mut. Ins. Co. v. Whitten,
51 Ark. App. 124, 911 S.W.2d 270 (1995) (insurance coverage)
U.S. Fire Ins. Co. v. Kresser Motor Servs.,
26 F.3d 91 (8th Cir. 1994) (insurance coverage)
Scott-Huff Ins. Agency v. Sandusky,
318 Ark. 613, 887 S.W.2d 516 (1994) (professional liability, insurance broker) (appellate counsel only)
Davis v. Wausau Ins. Co.,
315 Ark. 330, 867 S.W.2d 444 (1993) (professional liability, insurance broker)
Williams v. Carter,
10 F.3d 563 (8th Cir. 1993) (prisoner rights)
First Nat. Bank in Stuttgart v. Quality Chemical Corp.,
36 Ark. App. 215 (1991) (commercial litigation)
Clinton v. Clinton,
305 Ark. 585 (1991) (governmental affairs)
Boatman v. Samaritan Health Servs., Inc.,
168 Ariz. 207, 812 P.2d 1025 (1990) (employment, wrongful discharge)
United States v. Maples,
754 F.2d 299 (8th Cir. 1984) (criminal defense issues)