David S. Gray handles class action defense, products liability litigation, and commercial litigation. Manufacturers of vaccines, prescription medicines, medical devices, and construction materials have come to depend on D.S.’s creativity and skill in all phases of litigation.
D.S. takes an aggressive approach to all aspects of litigation, including, but not limited to, preliminary pretrial planning, initial motions practice, written discovery, deposition testimony, and briefing just prior to, during, and after trial. That demanding approach yields critical evidence for clients, weakens adversaries’ claims, and leads to favorable results.
In products liability matters, D.S. focuses on translating complex legal, scientific, medical, and regulatory concepts into the plain language that winning arguments require. That philosophy has led to the dismissal of personal injury claims against the manufacturers of FDA-approved vaccines and prescription medicines based on governing state law, preemption principles, lack of subject matter jurisdiction, lack of personal jurisdiction, and/or lack of particularity.
It also facilitates his collaboration with experts in advanced fields, such as immunology, epidemiology, otolaryngology, regulatory affairs, and hepatology.
In commercial litigation matters, D.S. has represented large institutional clients in the banking, education, consumer products, and steel industries in pretrial, trial, and appellate proceedings. He additionally counsels clients threatened with potential class action litigation based on consumer protection statutes and on insurance coverage matters.
D.S. also advises clients on proposed contract terminology, product safety, user warnings of product hazards, potential liabilities associated with their Internet presence, and gaps in insurance policies, to help limit potential litigation exposure.
- Defends a vaccine manufacturer in nationwide litigation, including consolidated proceedings in multidistrict litigation and two state courts
- Defends a vaccine manufacturer in litigation involving allegations that a preservative in vaccines causes various neurological conditions
- Defends a product manufacturer in nationwide litigation involving injuries attributed to antiepileptic medicine
- Counsels clients threatened with potential class action litigation based on consumer protection statutes
- Co-authored a motion to dismiss personal injury claims attributed to a client’s vaccine and based on a legal issue of first impression in the United States, resulting in dismissal
- Co-authored multiple winning motions to dismiss several personal injury claims attributed to client’s vaccines based on the National Childhood Vaccine Injury Act of 1986
- Co-authored forum-non-conveniens-related briefing that resulted in the dismissal of a multi-plaintiff products liability case
- Designed and executed strategy to defend client against Truth-in-Consumer Contract, Warranty and Notice Act claim to take advantage of successful appellate proceedings pursued in analogous cases
- Co-authored an amicus brief in support of a dismissal of personal injury claims against a statewide trade association, which the Court of Special Appeals of Maryland affirmed.
- J.D.summa cum laudeUniversity of Baltimore School of Law2000
- B.S.summa cum laudeFrostburg State University1997
Bar Admissions : Maryland
Court Admissions :
- U.S. Court of Appeals for the District of Columbia Circuit
- U.S. Court of Appeals for the D.C. Circuit
- U.S. Court of Appeals for the Sixth Circuit
- U.S. District Court for the District of Columbia
- U.S. Supreme Court
Clerk Experience : Honorable Deborah S. Eyler Court of Special Appeals of Maryland 2000 2001.
Professional Memberships and Activities :
- Member, Defense Research Institute
- Member, Maryland State Bar Association
- Member, Board of Directors, Pro Bono Resource Center of Maryland (PBRC)
Rate : $$$$