David is currently representing defendants in the multi-district Phen-Fen and PPA Litigation and serves as coordinating defense counsel in 200 lawsuits alleging exposure to Hepatitis B and C in Las Vegas, Nevada. Additionally, David is a statewide litigation counsel for a defendant in the National Pain Pump Litigation and serves as national defense counsel for two Fortune 500 Medical Device Manufacturers on certain product lines.
With over 100 jury trials under his belt, David also brings his litigation acumen to employment, environmental, insurance, and oil and gas litigation. He provides counsel and defense to various religious organizations across the Southwest which have been sued for sexual abuse and negligent hiring and supervision.
An active member in numerous professional associations and a frequent speaker on defense topics, David attended Boston College before earning his law degree from Suffolk University.
David is admitted to practice law in all Texas state and federal courts as well as the U.S. Tax Court, the U.S. Court of Appeals for the First, Fifth, and Ninth Circuits, and the U.S. Supreme Court. He has also been admitted as lead counsel, pro hac vice in Alabama, Illinois, Oklahoma, Maryland, Nevada, North Carolina, Missouri, and California.
- Medical device successfully obtained Motion to Dismiss in a Class Action for medical device manufacturer in Federal Court in California.
- Retained by various religious organizations sued for sexual abuse, negligent hiring and supervision, throughout the Southwest.
- Retained as statewide local counsel for New England Compounding Corporation in the national Meningitis Litigation.
- Obtained a dismissal of a publicly traded defendant that allegedly distributed chemicals including benzene.
- Obtained dismissals in favor of a component distributor named in national vaccine litigation in numerous cases filed in Texas, Mississippi and California. Serves as national defense counsel for the component distributor in pharmaceutical litigation pending in state and federal courts across the country.
- Obtained a summary judgment for the manufacturer of a Spinal Implant, Class III, Medical Device. The plaintiff had made allegations that the product was defectively designed, manufactured and marketed.
- Successfully defended aircraft manufacturer in a number of breach of contract cases: Plaintiffs’ alleged failure of aircraft manufacturer to meet performance characteristics as represented in pre-flight sales literature.
- National defense and Texas trial counsel for publicly traded medical device manufacturer.
- Numerous lawsuits alleging defective design and manufacturing allegations. Numerous deaths allegedly associated with use of product.
- Oil and Gas Litigation: Represented various sub-contractors in multi-million dollar personal injury litigation suit concerning welding accident at well head site.
- Oil Gas Litigation: Represented manufacturer of casing joint which allegedly malfunctioned after well was completed; resulting in total loss of well, with claims in excess of $75 million.
- National counsel and trial counsel for publicly traded convenience store chain with 850 store locations. Handled 25 personal injury lawsuits – claiming damages in excess of $1 million.
- Texas counsel for publicly traded large retail chain handling personal injury, employment agreements, allegations of discrimination based on religion, national origin and wrongful termination; tried 31 separate lawsuits for this client.
- Representation of soil engineering firm in litigation with allegations based on professional negligence, Plaintiff claiming structural damage to regional campus headquarters of Fortune 500 company with damages in excess of $25 million.
- Defense of medical device manufacturer of fetal monitor devices in 15 wrongful death, catastrophic brain and spinal cord injury cases.
- Insurance: Texas Trial Counsel for Texas managing general agency.
- Retained to assume the defense of an ongoing wrongful death suit. Plaintiffs made allegations against publicly traded medical device manufacturer based on breach of contract, negligent design and negligent manufacturing: Demand of over $12 million. Case successfully mediated and settled for $175,000.
- Represents International Hotel Chain in litigation, contractual and labor disputes.
- Fen-Phen diet drug litigation: Represented healthcare professionals named as defendants in Fen-Phen litigation throughout the State of Texas.
- Ephedra Litigation: Texas Trial Counsel for National Nutraceutical company in over 30 ephedra lawsuits in the State of Texas.
- Represented computer company and employees in connection with litigation, temporary restraining order and permanent injunction hearings concerning allegations of theft of intellectual property, trade secrets and other proprietary information.
- Drugs Litigation: Presently represents a client in the United States District Court in Seattle, Washington in Multi-District Litigation: PPA.
- Diet Drug Litigation: Presently represents client in United States District Court in Arkansas in Multi-District litigation: Prempro.
- Asbestos: Recently obtained summary judgment for publicly traded chemical company named as a Defendant in Texas State Asbestos litigation.
- Real Estate Commercial Litigation: Recently represented large real estate developer from Atlanta, Georgia sued by Texas Bank concerning allegations of fraud and breach of contract with original claims in excess of $3.5 million – case settled for $145,000
- Asbestos Litigation: Presently represents four Defendants named in ongoing asbestos litigation in State District Court and State Asbestos MDL procedures.
- Silica Litigation: Assumed the defense of a manufacturer/distributor of blast medium; Defendant named in 215 lawsuits for 2500+ defendants pending in various state courts throughout the State of Texas. Continues to represent Defendant in MDL Litigation.
- Recently retained by two publicly traded companies to defend Plaintiffs’ claims of alleged toxic exposure to Benzene; pending in the State Court.
- Successfully co-prosecuted two separate lawsuits against New Mexico Defendant resulting in the collection of over $7 million in damages.
- Retained by a publicly traded medical device manufacturer to investigate multiple fatality loss.
- Patent litigation; radio chip technology; was retained to represent a group of companies to investigate and prosecute a commercial dispute involving the manufacturer and delivery of radio chip technology and patent related issues. After a year of legal analysis and extensive investigation including interviews of employees and third parties throughout the state of Texas, suit was subsequently filed. At Defendant’s request, mediation was scheduled soon after discovery was initiated and was resolved approximately 90 days later at mediation for a confidential amount. The damage model was in excess of $45 million dollars.
Honors and Recognitions
- Chairman and member of the Board of Directors of Eagle International Associates, Inc., an international network of independent law firms, adjusters and claims related service providers
- Selected to the Texas Super Lawyers list, published by Texas Monthly Magazine, Civil Litigation Defense, 2006–2018
- Selected to the Texas Super Lawyers list, published by Texas Monthly Magazine, Civil Litigation Defense, Top 100, 2009
- Selected to the Texas Super Lawyers list, published by Texas Monthly Magazine, Civil Litigation Defense, Top 100 DFW, 2009
- Recognized as an Outstanding Lawyer of America
- AV Rated for 25 years, a Martindale Hubble peer-review rating
- Briefing Clerk, Middlesex District Court of Appeals, Massachusetts, 1976
Publications and Presentations
- Featured speaker at Council on Litigation Management – Defense Strategies National Defense Counsel
March, 2011 New Orleans, Louisiana
- Featured panel speaker presenting a Bad Faith Litigation and Claims Handling seminar at Church Mutual Insurance Company
- Featured Speaker at Defense Research Institute’s (DRI) Construction Law Seminar – When Personal Injury Becomes Personal Understanding the Role of OSHA in Personal Injury Cases
September, 2006 San Francisco, CA
- Featured Speaker at Eagle International Conference – Update Texas Good Faith Insurance Issues
May, 2006 Las Vegas, Nevada
- Featured Speaker at LexisNexis Conference
Dana Point, California
- Featured panel speaker at Medmarc’s 24th Annual Medical Device Seminar – Application of Social Media When Defending and Cross-Examining Experts
June, 2008 Hot Springs, Virginia
- Presentation Markel Insurance Company concerning FDA proposed changes to pre-emption defense, 2016
- American Bar Association
- International Association of Defense Counsel
- Member of Drug Device and Biotech Committee
- Products Liability Subcommittee
- Dallas Bar Association
- State Bar of Texas
- Committee for Qualified Judiciary
- Texas Association of Defense Counsel
- Dallas Association of Defense Counsel
- Defense Research Institute
- Texas Surplus Lines Association
- Board of Directors for Eagle International Associates, Inc.
Educational and Professional Background
- University of Texas, Juris Doctor, 1993
- Boston College, Bachelors of Arts, 1990, magna cum laude
Civic and Volunteerism
- Mock Trial Committee and the Community Involvement Committee of the Dallas Bar Association
David M. Macdonald is licensed to practice law in the following areas:
U.S. District Courts for the Northern, Southern, Eastern, and Western Districts of Texas
U.S. Court of Appeals for the First Circuit
U.S. Court of Appeals for the Fifth Circuit
U.S. Court of Appeals for the Ninth Circuit
U.S. Supreme Court