David G. Wirtes, Jr.
  • Certified Appellate Specialist by the American Institute of Appellate Practice. One of the Only Thirteen Certified Appellate Specialists in the United States and the Only One in the State of Alabama or Mississippi.
David Wirtes Jr. Photo

David G. Wirtes Jr.

Attorney

Get In Touch

Support Staff
  • Profile
  • Results
  • Education
  • Affiliations
  • Publications
  • News
  • Reported Decisions
Bio

Focusing on strategic planning, motion practice, and appeals, Dave Wirtes has worked for more than thirty years helping our firm and our clients be successful in litigation.

Dave’s efforts in Alabama and through the Country help protect working men and women in ways most will never know. He has won many battles against insurance companies, helped rewrite unfair “tort reform” laws, and helped to defeat immunity statutes to ensure protections of the right to trial by jury and adequate remedies for our citizens’ injuries and losses.

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 and again in 2021, 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 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 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 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 is a Sustaining Fellow of the Pound Civil Justice Institute and has served as one of its Trustees since 2016. Dave is also a Sustaining Member and the former Alabama representative for Public Justice.

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.

Dave is recognized by his peers for his service and successes through various organizations. He is listed in Benchmark Appellate as a “Litigation Star, and is listed as a top appellate lawyer in Best Lawyers in America. He is also listed in Super Lawyers as one of the top attorneys in Alabama / Mid-South Region. And he is listed in Lawdragon 500 as one of the country’s leading plaintiff consumer lawyers.

Outside the courtroom, Dave enjoys photography and restoring antique automobiles.

Recognition & Awards

  • Certified as an Appellate Specialist by The American Institute of Appellate Practice
  • Benchmark Plaintiff named him a "Litigation Star" in its national rankings of Appellate Attorneys
  • Listed in Best Lawyers in America®, (2011-Present)
  • Named "Lawyer of the Year - Appellate Practice" in Alabama by Best Lawyers in America® (2016, 2021)
  • Listed in Super Lawyers magazine as one of the top plaintiff attorneys in Alabama / Mid-South Region, (2012-Present)
  • Listed in Lawdragon 500 Leading Plaintiff Consumer Lawyers (2020 – present)
  • 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
  • Personal Jurisdiction

Video Clip

The University of Alabama Law Review Virtual Symposium, March 5, 2021
Ten Years of the Supreme Court’s Personal Jurisdiction Revival

  • $11.9 Billion State of Alabama vs. ExxonMobile
  • $140 Million Verdict for Wrongful Death of a Patient
  • $108 Million Verdict in Hazardous Waste Case
  • $50 Million Defective Water Heater Explosion
  • $40 Million Defective Seatbelt Case
  • $34 Million State of Alabama v. Shell Oil Co.
  • $29 Million State of Alabama v. Amoco Production Co.
  • $20.5 Million Verdict in Defective Meat Saw Case
  • $20 Million Verdict in Wrongful Death Case
  • $20 Million Anesthesia Error Resulting in Death
  • $15 Million Verdict in Medical Malpractice Lawsuit
  • $15 Million Hot Water Heater Injury
  • $14.5 Million Verdict in Medical Malpractice Case
  • $12.5 Million State of Alabama v. Mobil Oil Corporation
  • $5.5 Million Verdict in Medical Malpractice Case
  • $5.007 Million 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 Verdict for Medical Malpractice
  • $2.4 Million Verdict Against Farmers Insurance For Fraud
  • $779,477 Verdict for Man in Industrial Accident
  • $400,000 Home Was Wrongfully Foreclosed
  • Confidential Class Action Settled Over Contaminated Gas
  • Confidential Settlement Negotiated Over Defective Heater
  • Confidential Settlement Negotiated in 'Wrongful Birth' Case
  • Confidential Construction Site Accident
  • Confidential Class Action Settlement Over Fiduciary Duties & Stock Options
  • Confidential Physician Assistants Win in Court Against Blue Cross
  • Confidential Woman Injured in Truck Crash
  • Confidential Case Against Ford Motor Co. for Defective Intake Manifolds
  • Confidential Ford Explorer/Firestone Tire Rollover
  • Confidential Negotiated Settlement Over Death Involving Go-Cart
  • Confidential Settlement Negotiated in Maritime Product Liability Lawsuit
  • Confidential Man Paralyzed During Automobile Accident
  • Confidential Settlement Negotiated for Family Over Man Crushed to Death
  • Confidential Settlement Negotiated Over Construction Site Accident
  • Confidential Negotiated Settlement Over Harmful Diet Program
  • Confidential Settlement Reached Over Medical Malpractice Case
  • Confidential Settlement Reached in Nursing Home Negligence Case
  • Confidential Settlement Reached in Confidential Medical Malpractice Case
  • Confidential Medical Malpractice Verdict in Wrongful Death Case
  • Confidential Class Action Settled Over Defective Intake Manifolds
  • Admitted to the Bar in Alabama in 1985
  • Cumberland School of Law at Samford University, Birmingham, Alabama, J.D., 1985
  • University of the South, Sewanee, Tennessee, B.A., 1981
  • Member, Alabama and Mississippi State Bar Associations
  • Senior Fellow, Litigation Counsel of America
  • Founding member and Chairman, American Institute of Appellate Practice
  • Member, Alabama Association of Justice, 1985-present (Board of Governors; Executive Committee; Amicus Curiae Committee (1990-present/Chairman or Co-chairman, 1995-present))
  • Member, American Association for Justice, 1985-present (State Delegate; Board of Governors; Member, Amicus Curiae Committee, 1999-present)
  • Member, Mobile County Bar Association, 1980-present (Chairman, Ethics Committee; Chairman, Bench and Bar Conference Committee; Co-chairman, Alternative Dispute Resolution Committee; and Member, Grievance Committee)
  • Member, Alabama Supreme Court's Standing Committee on Rules of Appellate Procedure
  • Co-Editor, The Alabama Lawyer
  • Co-Editor, Alabama Association of Justice Journal
  • Sustaining Member and the former Alabama Representative for Public Justice
  • Sustaining Fellow and Trustee, Roscoe Pound Institute
  • Founding Director and Trustee, National Board of Appellate Lawyers (a division of the National Board of Trial Advocacy)
Publications
  • Legal Update Winter 2021
  • Recent Civil Decisions
  • Tips from the Trenches - Ex parte Freudenberger: Context and Implications
  • Legal Update Summer 2020
  • Punitive Damages in Eleventh Circuit Maritime Cases After Batterton
  • Recent Civil Decisions - Spring 2020
  • Did You Know?
  • Legal Update Winter 2020
  • Recent Civil Decisions - Fall 2019
  • Alabama Law Regarding Proof of Future Medical Expenses - Fall 2019
  • Alabama’s Appellate Standards of Review in Civil Cases
  • Remember the Controlling Principles of "Notice" Pleading
  • Recent Civil Decisions - Spring 2019
  • Ascertainment of Maritime Victims' Status and Its Impact Upon Recoverable Damages in Injury and Death Cases
  • Recent Civil Decisions - Fall 2018
  • Recent Civil Decisions: Summaries From September 22, 2017 to March 23, 2018
  • Tips from the Trenches: Don't Take the Defense Witness's Affidavit at Face Value
  • To What Extent Are the Contents of Your Client’s Medical Records Admissible?
  • Alabama Medical Records
  • Revisiting an Important Consequence of HIPAA
  • Recent Civil Decisions
  • Alabama Medical Records: Part 2
  • Recent Civil Decisions
  • Tips From the Trenches- The Statute § 6-5-551
  • Alabama Medical Records: Part 1
  • Legal Update - Fall 2016
  • Legal Update - Summer 2016
  • Plaintiff's Burden of Proof Relative to Recovery of Lost Future Earnings & Lost Future Earning Capacity
  • Legal Update - Winter 2015
  • Ala. Code § 6-11-20(A)’s Clear and Convincing Evidence Standard Has No Application When Opposing a Motion for Summary Judgment
  • Overcoming an Assertion of Fifth Amendment Privilege Against Self-Incrimination in Parallel Civil Proceedings
  • State-Court Jurisdiction Over Federal Enclaves
  • Exclusive Legislation Does Not Mean Exclusive Jurisdiction - State-Court Jurisdiction over Civil Actions Arising
  • Anatomy of an Alabama Co-employee Willful Misconduct Case for Removal or Failure to Install, Repair, or Maintain a Safety Guard
  • Hospitals', Surgical Centers', and Clinics' Vicarious Liability for Acts and Omissions of Doctors, CRNAS, Physician's Assistants
  • The Limited Scope of Contributory Negligence in AEMLD-Crashworthiness Cases
  • Is a Health Care Authority Constitutionally Entitled to Invoke the $100,000 Cap on Liability for a Local Government Entity?
  • Suggested Strategies for Admission of Other Similar Incident Evidence
  • Raising a Successful Batson Challenge in Jury Selection
  • Establishing Personal Jurisdiction in Alabama
  • Establishing a Prima Facie Case of Discrimination in Jury Selection
  • The Scope of a Nurse's Duty of Care
  • Taking Control: How a False Claims Act Will Allow Alabama to Stop the Leeching of Its Treasury
  • Batson, Branch, and the Elimination of Racial and Gender Discrimination in Jury Selection in Alabama
  • CLE Presentation: Identifying and Defeating Unlawful Discrimination in Jury Selection
  • Recent Developments in Appellate Motion Practice
  • Voir Dire, Jury Selection and Discrimination
  • Out of the Quagmire: Alabama's Statute of Limitations for Wantonness Is Six Years
  • Don't Neglect the Nurse's Duty of Care
  • Appellate Motion Practice Speech
  • Taking Control: How a False Claims Act Will Allow Alabama to Stop the Leeching of Its Treasury
  • Appealability, Perfecting an Appeal and Supplying the Record
  • An Important Consequence of HIPAA: No More Ex Parte Communications Between Defense Attorneys and Plaintiffs' Treating Physicians
  • How Does Cooper Industries v. Leatherman Affect the Alabama Practitioner?
  • Avoiding Arbitration: Ten Steps to Consider
  • Suggestions for Defeating Arbitration
  • Voir Dire
  • Discovering Ways to Avoid Erisa Preemption Trial Talk
  • Recent Developments in Avoiding Erisa Preemption: Part II – Discovery
  • Recent Developments in Avoiding Erisa Preemption: Part I

Areas of Expertise

Contact Us Today

  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.