Senior and Managing Attorney since January 1, 2007
Location:
Tuscaloosa, Alabama
Phone:
205-210-8961 (Local)
866-578-6928 (Toll Free)
Fax:
205-343-1781

 

 

David P. Martin is a 1992 Graduate of the University of Alabama School Of Law. He graduated with honors in the top ten percent of his class and was inducted into the Order of the Coif. He was also honored as a Hugo Black Scholar and served on the Board of Editors for the Journal of Legal Profession, an ethics publication for lawyers. David previously graduated magna cum laude from the University of Houston at Clear Lake.

David is a member of the Alabama State Bar, the Tuscaloosa County Bar Association, the federal court bars for the Southern, Middle, and Northern Districts of Alabama, the 2nd and 11th Circuit Court of Appeals, and the Alabama Association for Justice. He currently serves as president of the board for a charitable organization in Tuscaloosa County, Alabama known for Focus on Senior Citizens.

David also serves in the Alabama State Bar Volunteer Lawyers program and has served on the Alabama State Bar’s board of editors for the Alabama Lawyer. He has also previously chaired the Alabama State Bar Task Force on Alternative Methods of Dispute Resolution and oversaw the editing and release of a manual produced by this task force. He has been named by Alabama Super Lawyers Magazine as one of the top attorneys in Alabama in the area of employee benefits/ERISA law. Only 5% of the lawyers are named by this publication and David has been the only employee benefit/ERISA lawyer named who solely represents employees and their loved ones. David has also been selected by Strathmore’s Who’s Who World Wide as Professional of the year in the area of law-employee benefits.

David has litigated numerous cases in federal and state courts and before the 2d and 11th Courts of Appeals as well as the Alabama Supreme and the Alabama Court of Civil Appeals. He regularly lectures on topics pertaining to ERISA and employee benefit litigation both for continuing legal education seminars as well as to other organizations or groups. David has handled ERISA claims since 1992 and the overwhelming majority of his practice has focused on ERISA cases since 1999.

Areas of Practice

  • ERISA Claims and Litigation
  • Employee Benefits Law
  • Life Insurance Law
  • COBRA Claims
  • ERISA Class Actions
  • Overpayment Claims and Subrogation
  • Long-term Disability Claims
  • Pension and Retirement Claims

Litigation Percentage

  • 75% of Practice Devoted to Litigation

Bar Admissions

  • Alabama, 1992
  • U.S. District Court Southern District of Alabama
  • U.S. District Court Middle District of Alabama
  • U.S. District Court Northern District of Alabama
  • U.S. Court of Appeals 11th Circuit
  • U.S. Court of Appeals 2nd Circuit
  • U.S. Court of Appeals 5th Circuit

Education

  • The University of Alabama School of Law, Tuscaloosa, Alabama – 1992

    • Honors: Hugo Black Scholar
    • Honors: With Honors in the Top 10% of his Class
    • Honors: Order of the Coif
    • Law Journal: The Journal of the Legal Profession, Board of Editors
  • University of Houston, Clear Lake – 1987

    • Honors: magna cum laude

Published Works

  • Taking Benefits Back: Reimbursement under ERISA, 69 Alabama Lawyer 1, January, 2008
  • “Obtaining Neuropsychological Test Date: Why Is This So Hard”, (Co-Author), 68 Alabama Lawyer 216, May, 2007
  • “Unraveling ERISA Civil Penalties”, (Co-Author), 68 Alabama Lawyer 2, March, 2007
  • “Let Go of the Peanuts”, Alabama State Bar Addendum, August, 2006
  • “The Subtle Snake: Long Term Disability Under ERISA”, 66 Alabama Lawyer 279, July 5, 2005
  • “Overcoming Disadvantages in Proving Medical Damages in Personal Injury Cases”, 23, Number 2 Alabama Trial Lawyers Journal 27, Spring, 2003
  • “Overcoming Deposition Jitters”, Alabama State Bar Addendum, February, 2003
  • “Take Another Good Look at Those ERISA Cases”, Alabama State Bar Addendum, Volume 7, Number 5, August, 2002
  • “File Retention Nightmares in the Small Firm”, Alabama State Bar Addendum, Volume 7, Number 3, April, 2002
  • Editor, Manual for Mediation for the Alabama Task Force on Mediation, 1996
  • “The Birth of Jim Crow in Alabama 1865-1896″, The National Black Law Journal, 184, Volume 13, Numbers 1 & 2, 1993
  • “The Metamorphosis of Contributory Negligence to Assumption of Risk in AEMLD Cases”, 12, Number 4, Alabama Trial Lawyers Journal 20, Fall, 1992
  • “Communication with Unrepresented Potentially Adverse Persons”, Volume 16 The Journal of the Legal Profession 251, 1991

Classes/Seminars

  • Presenter, “Representing Plaintiffs in Health Care Claims, Birmingham Bar, 2012
  • Presenter, ERISA Litigation Practical Advice for a New Practice, Georgia State Bar Employee Benefits Law Section for the Seminar, 2011
  • Presenter, Subrogation Claims: Views from the Plaintiff and Defense Bars, Continuing Legal Education Presentation, 2011
  • Presenter, Discretionary Clauses in Alabama: The History and Present Litigation, Birmingham, AL , 2010
  • Panel Discussion, Sticky and Ethical ERISA Issues, 2010
  • Host and Presenter of the ERISA Litigator’s Group Seminar, Plaintiff and Defense Attorney’s Birmingham, AL, 2010
  • Television Appearance on Law Call- Employment Law issues, One-Half Hour Program at Television Station WVUA, 2010
  • Presenter, Spotting ERISA and other Employee Benefit Cases, Worker’s Compensation Law Seminar, Birmingham, AL, 2010
  • Presenter, ERISA/Subrogation Issues. Workers’ Compensation Law Seminar, 2009
  • Presenter, What Every Lawyer Needs to Know About… ERISA. Tuscaloosa County Bar Association, 2008
  • Television Appearance on Law Call- Losing Your Employee Benefits, One Half Hour Program on Television Station WVUA, 2008
  • Presenter, Workers’ Compensation from the Plaintiff’s Perspective – Portion of Seminar Dedicated to ERISA, Alabama Trial Lawyers Association, 2006
  • Presenter, Handling the Automobile Injury Claim in Alabama.” National Business Institute, 2004
  • Presenter, Damages in Alabama Civil Trial Practice. National Business Institute, 2003

Honors and Awards

  • One of the Top Attorneys in Alabama in the Area of Employee Benefits/ERISA Law, Alabama Superlawyers Magazine

Professional Associations and Memberships

  • Alabama State Bar, Member
  • Tuscaloosa County Bar Association, Member
  • American Bar Association, Member
  • Alabama Association for Justice, Member
  • Tuscaloosa County, President, Board for Focus on Senior Citizens
  • Alabama Lawyer, Board of Editors
  • Alabama State Bar Task Force, Chair

Past Employment Positions

  • McElvy & Ford, P.C. – Ford Martin & Abernathy, P.C., Clerk, Associate and then Shareholder, May 1, 1990 – December 31, 2006

Pro Bono Activities

  • Member, Church in the Tuscaloosa County Area
  • Volunteer Lawyer’s Program for the Alabama State Bar
  • Disaster Relief Projects for the Alabama Association for Justice
  • FOCUS on Senior Citizens, President of Board