David Boyd Headshot

David R. Boyd

Partner
  • (334) 269-3132
  • (205) 226-3485
Download Resume dboyd@balch.com
Education
  • The University of Alabama School of Law
    J.D., 1976
  • The University of Alabama
    B.A., 1973
Bar Admissions
  • Alabama, 1976
About Dave
Peers know David Boyd as a ‘very good, very practical’ litigation lawyer with more than 30 years' experience in general business, employment and civil rights-related matters. He is known to provide counsel to companies involved in major disputes, and is also chosen by clients for appellate work.

- Chambers USA

Q&A
  • Which courts or agencies do you most often appear before on behalf of your clients?

    I regularly appear in the federal district courts in Alabama, most often in the Middle (Montgomery) and Northern (Birmingham) Districts, but also from time to time in the Southern (Mobile). I’ve argued many cases in the Eleventh Circuit, including en banc, and a few in the Fifth Circuit. At the state court level, I’ve appeared in many of the state’s trial courts, including Montgomery, Birmingham and Lee County. I have been involved in well over 100 cases in Alabama’s appellate courts, and have handled a variety of matters before many state agencies, including insurance, environmental management, K-12 and higher education, labor, transportation, finance, revenue, certificate of need, and several professional licensing boards.

  • How are you involved in your community?
  • What do you find most exciting about your work?

Select Matters

  • Nuclear power plant litigation: Headed the firm’s litigation team representing Georgia Power Company and the other owners of the first new nuclear generating units licensed in the United States in several decades. The case against the vendor and general contractor involved numerous complex nuclear licensing, engineering, and construction issues, and was settled favorably to the owners after extensive discovery. (Georgia Power Co. v. Westinghouse Electric Co., No. 1:12-CV-00167 (S.D. Ga.) (2016))
  • Natural gas royalties litigation: Represented Exxon Mobil Corporation on fraud and breach of contract claims involving alleged underpayment of natural gas royalties to the state of Alabama.  Multi-year litigation involving two trials and subsequent appeals eventually resulted in reversal of the fraud verdict and all punitive damages, along with part of contract damages. (Exxon Mobil Corp. v. Ala. Dept. of Conservation & Nat. Resources, 986 So. 2d 1093 (Ala. 2007))
  • Hospital certificate of need litigation:  Temporarily joined the firm’s healthcare team to prepare and try the longest, most complex certificate of need case in Alabama’s history; and to successfully defend the administrative agency victory through trial and appellate court review.  Over the determined opposition of other major Birmingham hospitals, the firm’s client was ultimately authorized to relocate and to construct a new state-of-the-art medical center in a prime location. (Brookwood Health Services, Inc. v. Affinity Hospital LLC, 85 So. 3d 1033 (Ala. Civ. App. 2011), cert. denied, 129 So. 3d 1033 (Ala. 2013))
  • Fraudulent biofuels litigation: Represented defrauded investor in federal lawsuit against the “inventor” of a purported process to convert cellulosic matter to diesel fuel and a competing Silicon Valley investor. The case resulted in a federal court jury verdict for the client-investor and the eventual recovery of substantial damages against the bogus inventor. (Parsons & Whittlemore Enterprises Corp. v. Cello Energy, No. 1:07-CV-00743 (S.D. Ala.) (2009))
  • Antitrust litigation: Represented Auburn University against class action claims that its mandatory student dining plan violated state antitrust and constitutional laws. The case was successfully defended on state action immunity grounds and affirmed on appeal.  (Vandenberg v. Aramark Educational Services, Inc., 81 So. 3d 326 (Ala. 2011))
  • Higher education matters: Representation for 30 plus years of a major public university, as primary outside counsel, on a wide range of matters including business, employment, constitutional and other governmental litigation. (Ongoing)

News

    Credentials

    Education
    • The University of Alabama School of Law, J.D., 1976
    • The University of Alabama, B.A., 1973
    Courts
    • U.S. Supreme Court
    • U.S. Court of Appeals, Eleventh Circuit, 1981
    • U.S. District Court, Southern District of Alabama, 1978
    • U.S. District Court, Middle District of Alabama, 1977
    • U.S. Court of Appeals, Fifth Circuit, 1976
    • U.S. District Court, Northern District of Alabama, 1976
    Bar Admissions
    • Alabama, 1976
    Professional Affiliations
    • Defense Research Institute
    • Alabama Defense Lawyers Association
    • International Academy of Trial Lawyers
    • American Bar Foundation Fellows
    • Alabama Law Foundation Fellows
    • Alabama State Bar, Former Vice-President
    • Alabama Law Foundation, Former President
    • National Conference of Bar Examiners, Former Chair
    • Multistate Bar Examination Committee, Former Chair
    • Alabama Board of Bar Examiners, Former Chair
    • State Bar Disciplinary Commission, Former Chair
    • Board of Bar Commissioners, Former Member
    • Middle District of Alabama History Committee, Chair
    • Alabama Supreme Court Committee on Rules of Civil Procedure, emeritus member
    Awards & Accolades
    • William D. Scruggs Service to the Bar Award
    • Alabama State Bar Award of Merit
    • Chambers USA, Litigation: General Commercial
    • The Best Lawyers in America®, Appellate Practice, Bet-the-Company Litigation, Commercial Litigation, Education Law
    • Mid-South Super Lawyers, 2008 - present
    Clerkships
    • U.S. District Court, Northern District of Alabama, Honorable Sam C. Pointer, Jr.