David handles all aspects of mass tort and class action litigation. David spent his first few years after law school in public service as an Assistant District Attorney for the Tuscaloosa County DA’s office. After leaving the DA’s office, he spent several years as a partner at Wallace, Jordan, Ratliff & Brandt. In 2000, as one of the co-founders, David started the firm of Kee & Selby. Within a very brief time, this firm grew from four to eight lawyers and was a go-to firm in the Birmingham area for many aspects of litigation. As David’s practice became more concentrated in the areas of mass torts and class actions, he decided to join Bailey & Glasser in 2012.
David has achieved an AV® Preeminent™ rating from Martindale-Hubbell®, the highest possible rating for legal ability and ethical standards.
David’s consumer advocacy work has been covered by several national and regional publications, including the following pieces:
- Michael Smith and Polly Mosendz, How Defective Guns Became the Only Product That Can’t Be Recalled, Bloomberg BusinessWeek, Feb. 28, 2018.
- Catherine Dunn, You Can’t Recall a Bullet, Newsweek, Jan. 22, 2016.
- Catherine Dunn, Bullets Beyond Recall: Defective Guns Outside US Government Reach, International Business Times, Dec. 17, 2015.
- Kent Faulk, Father Sues Gun Maker After Son, 11, Killed, The Birmingham News, Nov. 15, 2015
MDL and Class Action Leadership
David serves on the Plaintiffs’ Executive Committee for the This MDL consolidates federal lawsuits from all across the country against Atrium Medical Corporation. The lawsuits allege that the C-Qur Mesh manufactured by Atrium is made of polypropylene with an outer coating derived from fish oil. The lawsuits claim the fish oil coating on C-Qur mesh produces an allergic or inflammatory reaction that has caused serious injuries, including, organ perforations and bowel obstructions.
David serves on the Plaintiffs’ Steering Committee for the . The cases in this MDL allege that the metal-on-metal design of the company’s R3 and BHR line of hip implants lead to tiny particles of cobalt and chromium metal alloys being shed into patients’ hip joints and bodies, potentially leading to bone and tissue necrosis, toxic damage and the formation of pseudotumors.
In , David led the plaintiffs’ class action team that settled what International Business Times called a “landmark legal concession” from gun manufacture Taurus International, in which Taurus agreed to repair or replace defective firearms as part of a class-action settlement valued at up to $239 million. The terms of the settlement included a buyback or replacement of almost one million pistols.
In, David served as co-counsel in winning a $2.7 million dollar judgment for a WARN Act certified class of former employees. The Alabama District Court had previously granted partial summary judgment to the employees, who were abruptly laid-off in 2010 without the required 60 day notice due under the WARN Act. The defendant appealed the summary judgment decision to the Eleventh Circuit Court of Appeals, which affirmed the District Court’s ruling. The case was then tried on the issue of damages, resulting in the $2.7 million judgment.
Summary of Select Reported Opinions
Friend v. Taurus Int’l Mfg., Inc., et al., 2017 WL 1496267 (Fla. Dist. Ct. App. 2017) (aff’g trial court’s denial of defendants’ motion to dismiss for forum non conveniens) (Representing plaintiff in personal injury action against gun manufacturer for injuries sustained from unintended discharge of defective pistol)
Simms v. Taurus Int’l Mfg., Inc., et al., 203 So. 3d 169 (Fla. Dist. Ct. App. 2016) (aff’g trial court’s denial of defendants’ motion to dismiss for forum non conveniens) (Representing plaintiff in action against gun manufacturer for wrongful death of plaintiff’s minor son as the result of an unintended discharge of defective pistol)
Collins v. Experian Information Solutions, Inc., 775 F. 3d 1330 (11th Cir. 2015) (rev’g grant of sum. j. to defendant)
Weekes-Walker, et al. v. Macon County Greyhound Park, Inc., 877 F.Supp.2d 1192 (M.D. Ala. 2012), (Represented Plaintiff Class Members; District Court entered Memorandum Opinion granting Plaintiffs’ Motion for Partial Summary Judgment on liability)
Weekes-Walker, et al. v. Macon County Greyhound Park, Inc., 281 F.R.D. 520 (M.D. Ala. 2012) (Represented Plaintiff Class Members; District Court entered Memorandum Opinion granting Class Certification on behalf of employees who were not provided notice pursuant to the WARN Act)
Browder v. Fleetwood Enterprises, Inc., 2008 WL 4384245 (C.D. Cal. Sept. 4, 2008) (Represented Plaintiff Class Members; obtained an Order granting Class Certification on behalf of Fleetwood homeowners in case alleging that Fleetwood was responsible for a defective method of installing attic insulation)
Other Reported Cases
- Parham v. American Bankers Insurance Company of Florida, 24 So.3d 1102 (Ala. 2009)
- Jones v. H & S Homes, LLC, 2008 WL 4600999 (M.D. Ala. Oct. 15, 2008)
- Stevens v. H & S Homes, LLC, 2008 WL 4493235 (S.D. Ala. Sept. 30, 2008)
- H&S Homes, LLC v. McDonald, 978 So.2d 692 (Ala. 2007)
- Tenet Health System Medical, Inc. v. Roberts, 939 So.2d 35 (Civ. App. Ala. 2006)
- H & S Homes, LLC v. Shaner, 940 So.2d 981 (Ala. 2006)
- Lyles v. Pioneer Housing Systems, Inc., 858 So.2d 226 (Ala. 2003)
- Thomas v. Redman Manufactured Homes, Inc., 244 F.Supp.2d 1295 (M.D. Ala. 003)
- Ronnie Smith’s Home Center, Inc. v. Luster, 845 So.2d 764 (Ala. 2002)
- Richardson v. Blue Smoke, Inc., 2002 WL 34365251 (N.D. Ala. Feb. 20, 2002) Ex parte Homes of Legend, Inc. (In re Gloria Brown v. Homes of Legend, Inc., et al.), 831 So.2d 13 (Ala. 2002) (reh’g denied 2002)
- Ex Parte Cappaert Manufactured Homes (In re Maggie Dees and Winston Dubose v. Cappaert Manufactured Homes, et al.), 822 So.2d 385 (Ala. 2001)
- Brown v. Homes of Legend, Inc., 781 So.2d 178 (Ala. 2000)
- Southern Energy Homes, Inc. v. Davis, 776 So.2d 770 (Ala. 2000)
- Carriage Homes v. Channell, 777 So.2d 83 (Ala. 2000)
- Oliver v. Homes of Legend, Inc., 2000 WL 1092130 (M.D. Ala. Apr. 17, 2000)
- Homes of Legend, Inc. v. McCollough, 776 So.2d 741 (Ala. 2000)
- Homes of Legend, Inc. v. Fields, 751 So.2d 1228 (Ala. 1999)
- Crimson Industries, Inc. v. Kirkland, 736 So.2d 597 (Ala. 1999)
- Grubbs v. Pioneer Housing, Inc., 75 F.Supp.2d 1323 (M.D. Ala. 1999)
- Rhode v. E & T Investments, Inc., 29 F.Supp.2d 1298 (M.D. Ala. 1998)
- Brilliant Homes, Ltd. v. Lind, 722 So.2d 753 (Ala. 1998)
- Boyd v. Homes of Legend, Inc., 981 F.Supp. 1423 (M.D. Ala. 1997)
- Reneau v. Oakwood Mobile Homes, 952 F.Supp. 724 (N.D. Ala. 1997)
Carter v. Taurus Int’l Mfg., et al., Taurus Pistol Unintended Discharge Case
The firm serves as co-lead counsel in a nationwide product liability class action against firearm manufacturer Taurus alleging design defects in nine pistol models that can result in unintended discharge if the pistol is dropped. Granted final approval from the U.S. District Court for the Southern District of Florida on July 22, 2016, the settlement’s total possible value has been assessed to be $239 million. The terms of the settlement include a buyback or replacement of almost one million pistols, as well as additional safety training with regards to the defects alleged in the suit. The case is currently on appeal to the U.S. Court of Appeals for the Eleventh Circuit by three objectors to the settlement.
In Re: Atrium Medical Corp. C-Qur Mesh Products Liability Litigation (MDL No. 2753)
David Selby, II, serves on the Plaintiffs’ Executive Committee for the Atrium Medical Corp. C-Qur Mesh Products Liability Litigation (MDL No. 2753). This MDL consolidates federal lawsuits from all across the country against Atrium Medical Corporation. The lawsuits allege that the C-Qur Mesh manufactured by Atrium is made of polypropylene with an outer coating derived from fish oil. The lawsuits claim the fish oil coating on C-Qur mesh produces an allergic or inflammatory reaction that has caused serious injuries, including, organ perforations and bowel obstructions.
Collins v. Experian
Collins v. Experian – Bailey & Glasser obtained reversal in the United States Court of Appeals for the Eleventh Circuit when the court found that that under § 1681i(a) of the Fair Credit Reporting Act, a consumer may recover actual damages even if the defendant credit reporting agency did not publish the consumer’s false credit information to a third party.
Memberships and Affiliations
American Association for Justice Class Action Litigation Group (Co-Chair 2016-17)
American Association for Justice Hernia Mesh Litigation Group
Public Justice Class Action Preservation Project Committee
Southern Trial Lawyers Association
Alabama Trial Lawyers Association
Plaintiff’s Class Action Forum
Birmingham Bar Association, 2016 Federal Practice Section Member
The National Trial Lawyers Top 100
The National Trial Lawyers Top 25 Class Action Trial Lawyers
National Academy of Personal Injury Attorneys’ Alabama Top 10
Publications and Speaking Engagements
- David is the author of The Alabama Consumer’s Guide to Automobile Accident Claims, a book written especially for consumers to provide them practical information in dealing with insurance companies.
- Practice Pointers in Arbitration From The Plaintiff’s Perspective. This publication was done as part of an instructional seminar for other attorneys.
- HarrisMartin MDL Conference, A Review of the Science Related to C-Qur and Discussion of the Current State of Litigation Regarding C-Qur, June 13, 2017, Washington, D.C.
- 2017 Annual Florida Bar Convention, Consumer Class Action Seminar, Class Action Mediation, June 24, 2017, Boca Raton, FL.
U.S. Court of Appeals for the Eleventh Circuit
U.S. District Court for the Northern District of Alabama
U.S. District Court for the Middle District of Alabama
U.S. District Court for the Southern District of Alabama