Davis Walsh is a litigator who focuses his practice on representing public and private companies, predominantly in the automotive, medical device and transportation sectors, in state and federal court. He is the lead editor of Infectious Disease Litigation: Science, Law and Procedure.
Davis has developed expertise in all phases of litigation, including discovery matters, motions to dismiss, motions for summary and default judgment, motions related to expert admissibility, and post-trial motions for judgment and new trial. He has served in several litigation capacities during trial, most recently as trial counsel during an eight-week medical device trial in Washington state.
Davis’s experience goes beyond the courtroom. Prior to law school, he served as a Staff Assistant in the Office of Commonwealth Preparedness under then-Governor Timothy M. Kaine, and also served as the Legislative Assistant to State Senator R. Creigh Deeds. Davis brings this understanding of governmental operations and the need for rapid responses to clients’ needs both in and out of the courtroom to bear on behalf of clients facing governmental investigations, including OSHA workplace investigations.
In addition to his private practice, Davis is active in his community through pro bono service. He is co-lead for educational advocacy matters in the Medical-Legal Partnership – Richmond program, a partnership between the Children’s Hospital of Richmond at Virginia Commonwealth University, McGuireWoods and Dominion Energy which offers free legal advice and representation for eligible patients and families. He also partners with the JustChildren program to provide pro bono representation to juvenile offenders seeking release. As pro bono counsel, he has represented a client in a federal court defamation case as well as tenants in housing disputes.
Prior to joining McGuireWoods, Davis clerked for the Honorable Tommy E. Miller, Magistrate Judge for the Eastern District of Virginia. Through this experience, Davis gained substantial experience on discovery matters, which imparted an understanding of the importance of detail and precision in confronting all discovery matters.
- Representation as national product liability counsel to an international medical device company.
- Representation as coordinating counsel for punitive damages for an American Class I railroad.
- Representation of a medical device company in a high-profile eight-week trial in Seattle, Washington. The jury rejected claims that a widely used medical scope that provides images of the stomach and small intestine was unsafe after a deadly superbug outbreak. The trial was the first in the United States involving allegations that gastrointestinal probes caused outbreaks of infections by drug-resistant bacteria and was watched closely by plaintiffs’ lawyers across the country with similar suits.
- Representation of a leading supplier of rail-based freight transportation in a lawsuit filed against a waste management company and its driver related to the failing of exercising due caution at train tracks which resulted in a massive explosion.
- Representation of multinational automaker in litigation. Plaintiff claimed his decedent developed mesothelioma as a result of exposure to asbestos from the automaker’s brakes while performing inspections of Virginia state inspection sites as a member of the Virginia State Police. Plaintiff’s verdict over-turned on appeal. Defense verdict upon re-trial.
- Defense of New Mexico-based dairy farmers in a nuisance action against dairy farms. Succeeded in obtaining summary judgment entered against the plaintiffs’ punitive damages claim and in excluding the plaintiffs’ expert testimony on public health and odor models.
William & Mary Law SchoolJD
magna cum laude, Order of the Coif, Notes Editor, William & Mary Bill of Rights Journal2012
The College of William & MaryBAEconomics and Government
magna cum laude2006
Selected for inclusion in Best Lawyers: Ones to Watch, Product Liability Litigation – Defendants, 2021-2024
Selected for inclusion in “Legal 500 United States,” Product Liability, Mass Tort and Class Actions – Toxic Tort – Defense, 2021; Product liability, Mass Tort and Class Action – Defense: Pharmaceuticals and Medical Devices, 2023; Transport: Rail and Road – Litigation and Regulation, 2023
- Co-author, "Eastern District of Pennsylvania Solidifies Rule 702 Requirements for Medical Causation – Part 2", WLF Legal Pulse, February 22, 2022
- Co-author, "Eastern District of Pennsylvania Solidifies Rule 702 Requirements for Medical Causation – Part 1", WLF Legal Pulse, February 14, 2022
- Author, Increase in ‘Take-Home’ COVID-19 Litigation Creates Fear of ‘Never-Ending’ Liability for Employers, McGuireWoods Legal Alert, January 13, 2022
- Author, "Vaccine Mandates Need Liability Shields", Bloomberg Law, October 20, 2021
- Author, "It’s past time to abolish punitive damages", The Hill, October 13, 2021
- Author, Georgia High Court Ruling “in Tension” With SCOTUS Personal Jurisdiction Precedent, Class Action Countermeasures, September 24, 2021
- Co-Editor and Contributing Author, “Chapter 3: Products Liability” and “Chapter 15: Punitive Damages”, Infectious Disease Litigation: Science, Law & Procedure, February 2021
- Co-author, "Keep Vaccination Decisions Out of the Courtroom", STAT, January 13, 2021
- Co-author, Data Analytics Decision Highlights Product Liability Questions, Law360, July 17, 2019
- Author, Florida Court Awards No Compensatory Damages … But $1 M Punitive, McGuireWoods Legal Alert, June 3, 2019
- Author, Can the ‘Long-Ago’ Nature of Conduct Bar Punitive Damages — Even for Recent Injuries?, McGuireWoods Legal Alert, February 14, 2017
- Author, Not So Happy Together: Punitive Damages Claim Blocked by First Impression Bar, McGuireWoods Legal Alert, October 4, 2016
- Author, Ruling Highlights Importance of Attacking Punitive Damages When Seeking Summary Judgment, McGuireWoods Legal Alert, July 25, 2016
- Author, 10th Circuit Reverses Punitive Damages Against Property Owner Based on Use of “Reputable” Contractor, McGuireWoods Legal Alert, June 15, 2016
- Author, Kentucky Supreme Court Affirms Punitive Damages 386 Times Compensatory Damages; Clarifies Vicarious Liability Standards, McGuireWoods Legal Alert, June 2, 2016
- Author, All a Twitter: Social Networking, College Athletes, and the First Amendment, 20 WM. & MARY BILL RTS. J. 619, 2011
- U.S. Court of Appeals for the 4th Circuit
- U.S. District Court for the Eastern District of Virginia
- U.S. District Court for the Western District of Virginia
- Panelist, "Navigating the Opportunities and Perils of AI-Assisted Legal Representation and Trial Practice", 28th Annual ACI Drug and Medical Device Litigation Conference, December 5, 2023
- Panelist, "Assessing the Impact of the Recent Supreme Court Session on the Drug and Medical Device Industry and Upcoming Preemption Battles", 27th Annual ACI Drug and Medical Device Litigation Conference, December 6, 2022
- Panelist, "Infectious Disease Litigation: Science, Law, and Procedure", ABA Litigation Section Annual Conference, May 5, 2022
- Featured Guest, "Interested in Infectious Disease Litigations? Before You Accept a Case, Read This", Modern Law Library Podcast, March 10, 2021
- Hon. Tommy E. Miller, U.S. District Court for the Eastern District of Virginia, 2012-2013