A. David Fawal

A. David Fawal: Attorney with Butler Snow LLP AV stamp icon
  • Attorney at Butler Snow LLP (363 Attorneys)
  • One Federal Place, 1819 Fifth Avenue North, Suite 1000, Birmingham, AL 35203
    View A. David Fawal's office location
  • Peer Reviews

    4.8/5.0 (22)
  • Profile Visibility [ i ]
    • #171 in weekly profile views out of 6,254 Attorneys in Birmingham, AL
    • #42,536 in weekly profile views out of 1,822,458 total attorneys Overall
Attorney Awards

Biography

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. David also serves as Vice-Chair of our E-Discovery Advisors team.

Distinctions

Martindale-Hubbell
•AV - Preeminent Peer Review Rated, 2014-2018
•Top Rated Lawyer in Insurance Law, 2013
Best Lawyers in America
•Commercial Litigation, 2014-2019
•Insurance Law, 2016-2019
•Commander, U.S. Navy Reserve Judge Advocate General’s Corps (Retired)
•Active Military Duty, 1990-1995
•Reserve Military Duty, 1995-2017

In the News

•147 Butler Snow Attorneys Named in Best Lawyers, 18 Named “Lawyer of the Year”
•A. David Fawal Receives 2016 Veterans of Influence Award
•Firm Ranked #2 for 2016 Healthiest Employers by BBJ

Papers, Presentations, & Publications

•David is a frequent speaker on topics as diverse as dietary supplement litigation, insurance coverage, and e-discovery.
•Author, eDiscovery in 2013: What You Need to Know, Knowledge Congress, February 6, 2013.

Recent Blogs

•An improperly drafted reservation of rights letter -- the easiest way for an insurer to waive policy coverage defenses.
•Do you really need a court to tell you what the insurance policy covers? Litigating insurance coverage issues? When and how to turn to the courts (Part 2).
•Do you really need a court to tell you what the insurance policy covers? Litigating insurance coverage issues? When and how to turn to the courts (Part 1)
•Bad faith claim handling - how to avoid it without simply paying all insurance claims
•ESI Discovery Best Practices, Part 8 - Joni Mitchell Lyrics from 40 Years Ago Foreshadow ESI Spoliation Battles of Today
•ESI Discovery Best Practices, Part 7 - New FRCP One Year In - ESI Game Changer or Business As Usual?
•Vanishing premiums part deux?
•ESI Discovery Best Practices, Part 6 - Now comes the bad news... potential consequences for inadequate preservation of ESI.
•Eleventh Circuit defines “structural damage” under an insurance policy
•11th Circuit Rules Unaccepted Offers of Judgment Do Not Moot Action
•ESI Discovery Best Practices, Part 5 - Collection of ESI and the custodial interview -- Who do you talk to and what do you ask?
•ESI Discovery Best Practices, Part 4 - Collection of ESI - Who should be doing it?
•ESI Discovery Best Practices, Part 3: You’ve identified ESI, now how do you go about collecting it?
•ESI Discovery Best Practices, Part 2 - So How Do You Identify ESI?
•ESI Discovery Best Practices, Part 1 - Start with the Rules
•Alabama Supreme Court Reverses Rule Of Damages On Commercial Vehicle’s Total Loss
• Do Not Tell Fish Stories Where The People Know You; But Particularly, Don’t Tell Them Where They Know The Fish.
•Insurance late notice provisions continue to be strictly enforced by the Alabama Supreme Court
•Griffin v. Unocal: Advent of the Manifest Injury Rule in Alabama Toxic Tort Law
•Can a lawyer force unwanted legal services on an insurer? Under the common fund doctrine in Alabama, apparently so (at least for now).

Areas of Practice (5)

  • Insurance
  • Commercial Litigation
  • Tort, Transportation & Specialized Litigation
  • Antitrust, Competition & Trade Regulation
  • Catastrophic Events and Major Claims

Education & Credentials

Contact Information:
(205) 297-2205  Phone
(205) 297-2201  Fax
www.butlersnow.com
University Attended:
Birmingham-Southern College, B.S., Psychology, cum laude, 1986
Law School Attended:
Cumberland School of Law, J.D., 1990
Year of First Admission:
1990
Admission:
U.S. District Courts, Alabama: Northern, Middle and Southern Districts; U.S. Court of Appeals, Armed Forces, 10th Circuit, 11th Circuit; 1990, Alabama
Memberships:

Associations

American Bar Association

Alabama Bar Association

Military Law Committee

Birmingham Bar Association

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)

Vestavia Hills Chamber of Commerce

Birmingham Business Alliance

Association of Certified E-Discovery Specialists (ACEDS)

Birth Information:
Birmingham, Alabama, September 21, 1964
Reported Cases:
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.
ISLN:
909966049

Peer Reviews

4.8/5.0 (22 reviews)
High ethical standing icon
A Martindale-Hubbell Peer Rating reflects a combination of achieving a Very High General Ethical Standards rating and a Legal Ability numerical rating.
  • Legal Knowledge

    4.7/5.0
  • Analytical Capability

    4.7/5.0
  • Judgment

    4.9/5.0
  • Communication

    4.8/5.0
  • Legal Experience

    4.8/5.0
  • 5.0/5.0 Rated by a Of Counsel on 06/29/14 in Complex and Multi-District Litigation

  • 5.0/5.0 Rated by a Of Counsel on 06/29/14 in Civil Litigation

    I have known David Fawal for many years as a colleague and he exhibits the highest of legal abilities and ethical standards.

    I have known David Fawal for many years as a colleague and he exhibits the highest of legal abilities and ethical standards. Read less

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*Peer Reviews provided before April 15, 2008 are not displayed.

Documents (7)

Documents by this lawyer on Martindale.com

Affiliations

Lex Mundi

Birmingham, Alabama

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