Focusing on strategic planning, motion practice, and appeals, Dave Wirtes has worked for over three decades helping our firm and our clients be successful in litigation.
Dave’s efforts in Alabama, Mississippi, and throughout the Country help protect working men and women in ways most will never know. He has won many battles against powerful defendants and in the course of doing so helped change laws to give victims justice.
He has been rated for decades as AV® Preeminent TM as shown at www.martindale.com. This peer rating means Dave is recognized for the highest levels of skill and integrity. In 2016, 2021, and again in 2023, Dave was awarded the distinction of Appellate Lawyer of the Year in Alabama after peer review by Best Lawyers. Colleagues have commented, “Dave is the premier appellate lawyer in Alabama.” “He has more experience and success than any lawyer in the state.” “Dave Wirtes [and Bruce McKee] are two of Alabama’s best appellate lawyers.”
Dave is admitted to practice before all state and federal courts serving Alabama and Mississippi, the Fifth and Eleventh Circuit Courts of Appeals, and the Supreme Court of the United States.
Dave helps his colleagues through service in numerous professional organizations. He is a member of the Alabama and Mississippi State Bar Associations, has served on the Ethics Committee, and Long-Range Planning Committee and presently serves as an editor of The Alabama Lawyer.
Dave is a long-time member of the Alabama Supreme Court’s Standing Committee on the Rules of Appellate Procedure, and presently serves on the Court’s special task force concerning privacy issues in litigation.
Dave is a Trustee, the Secretary and former Treasurer of the National Civil Justice Institute (f/k/a Pound Civil Justice Institute), the nation’s legal think tank for trial attorneys. Dave will serve as NCJI’s President in 2024.
Dave is a Sustaining Member of the Alabama Association for Justice and has served as a Member of its Board of Governors and Executive Committee (1990-present); Member and/or Chairman of its Amicus Curiae Committee (1990-present); and Co-editor of the Alabama Association for Justice Journal (1996-present).
Dave is also actively involved with the American Association for Justice where he previously served as Alabama’s Representative and as a Member of the Board of Governors. He continues his service as a Member of its Amicus Curiae Committee (1999-present).
Dave is a member of the Mobile County Bar Association and has served on many of its committees, including as Chairman, Ethics Committee; Chairman, Bench, and Bar Conference Committee; Co-chairman, Alternative Dispute Resolution Committee; and Member, Grievance Committee.
Dave was nominated by colleagues for appointment as a Fellow of Litigation Counsel of America and is now a Senior Fellow. He was a founder of The American Institute of Appellate Practice ("AIAP"), serving as its Executive Director (2015-16), and is one of just fourteen persons certified nationwide by AIAP as an Appellate Specialist.
Dave also helps his colleagues by frequently sharing his knowledge and experiences through speaking at continuing legal education seminars. He has spoken across the country on such topics as Defeating Unlawful Discrimination in Jury Selection, Appellate Practice, Perfecting the Appeal, HIPAA and Ex parte Contacts, Recent Updates on the Law, Electronic Discovery, Arbitration, and Immunity.
Outside the courtroom, Dave enjoys photography and restoring antique automobiles.
Results
- $11.9 billion in State of Alabama vs. ExxonMobil
- $140 million in a wrongful death of a patient
- $108 million in a hazardous waste case
- $50 million in a defective water heater explosion
- $40 million in a defective seatbelt case
- $35 million in a malpractice case for death after thumb surgery
- $34 million State of Alabama v Shell Oil Co.
- $29 million State of Alabama v. Amoco Production Co.
- $23 million in defective meat saw case
- $20.5 million in defective meat saw case
- $20 million in a wrongful death case
- $20 million in an anesthesia error resulting in death
- $15 million in a medical malpractice case
- $15 million in a hot water heater injury case
- $14.5 million in a medical malpractice case
- $12.5 million State of Alabama v Mobil Oil Corporation
- $8.25 million settlement for shipyard workers
- $5.5 million in a medical malpractice case
- $5.0 million in a rear-end collision with Federal Express delivery vehicle
- $4.6 million royalty fraud against Hunt Petroleum Corp.
- $4.5 million Family in head-on collision with a large truck
- $4 million verdict against hospital pharmacy for fatal dose
- $2.75 million for a medical malpractice case
- $2.4 million against Farmers Insurance for fraud
- Numerous other confidential settlements
Recognition & Awards
- The American Institute of Appellate Practice, Certified Appellate Specialist
- Benchmark Plaintiff, “Litigation Star” in its national rankings of Appellate Attorneys
- Best Lawyers in America®
- Listed (2011 – present)
- Named “Lawyer of the Year – Appellate Practice” (2016, 2021, 2023)
- Super Lawyers, Listed as one of the top plaintiff attorneys in Alabama / Mid-South Region (2012 – present)
- Litigation Counsel of America
- Co-Founder
- Senior Fellow (2016)
- Lawdragon, listed in the 500 Leading Plaintiff Consumer Lawyers (2020 - present)
- Martindale-Hubbell AV® Preeminent™ 5.0/5.0 Peer Rating
- Frequently invited to present at continuing legal education seminars and has spoken on topics such as:
- Defeating Unlawful Discrimination in Jury Selection
- Appellate Practice
- Perfecting the Appeal
- HIPAA and Ex parte Contacts
- Recent Updates on the Law
- Electronic Discovery
- Arbitration
- Immunity
Video Clip
The University of Alabama Law Review Virtual Symposium, March 5, 2021
Ten Years of the Supreme Court’s Personal Jurisdiction Revival
