O’Melveny Worldwide

Dave Roberts is a litigator who specializes in defending clients against mass tort actions and consumer class action claims, often in cases involving parallel or related government enforcement activities. Dave has delivered oral arguments in federal appeals and trial courts. He has also written numerous appellate and trial court briefs on complex issues of civil procedure, federal preemption, regulatory defenses, and scientific evidence, among other issues. Dave’s experience spans several federal courts of appeals and district courts, as well as multiple state appellate and trial courts.

Clients are particularly impressed by his strong grasp of complex scientific and medical issues posed by his cases, his ability to devise and implement strategies across multifront legal actions, and his leadership in high-stakes matters.

Dave is also active in his community, where he serves as an appointed deacon at his church and on the board for Restoration Immigration Legal Aid, which provides pro bono legal representation in asylum and other immigration matters.

  • Experience identifying and working with expert witnesses in numerous subject matters, including pain management, addiction medicine, primary care, statistics, epidemiology, health care economics, and Food and Drug Administration regulations
  • Embedded motions and appellate preservation counsel in six jury trials in federal and state courts involving product liability claims over medical devices
  • Representing pharmaceutical company in federal and state courts in cases brought by state attorneys general and hospitals alleging injuries related to prescription pain medications
  • Led briefing for multiple appeals in federal and state courts involving product liability claims over mesh medical devices
  • Representing gun-violence prevention groups in appeals involving constitutional and statutory challenges to regulations on firearms and accessories
  • Represented pharmaceutical company in Connecticut Supreme Court after obtaining dismissal of localities' public nuisance and other claims involving prescription pain medications
  • Briefed and argued cases in Fourth Circuit as court-assigned pro bono counsel, obtaining relief for inmate to pursue claims involving denial of medical care in Pledger v. Lynch, 5 F.4th 511 (4th Cir. 2021), and restoration of client's lawful permanent resident status in Mena v. Lynch, 820 F.3d 114 (4th Cir. 2016)
  • Court-assigned pro bono counsel in additional Fourth Circuit appeals, including obtaining vacatur of lawful permanent resident's conviction due to lack of competent representation in Swaby v. United States, 855 F.3d 233 (4th Cir. 2017)
  • Secured return of deported individuals to United States following restoration of lawful permanent resident status
  • Represented athlete, promoter, and others in consumer class actions involving alleged failure to disclose athlete's health condition
  • Defended pharmaceutical company in state and federal courts against product-liability claims involving diabetes medication
  • Defended electronics company in class actions and individual suits alleging antitrust violations, resulting in voluntary dismissals by all plaintiffs
  • Represented company in federal and state appellate courts regarding employment classification of delivery truck owner-operators

Admissions

Bar Admissions

  • District of Columbia
  • Virginia

Court Admissions

  • US Court of Appeals, Second, Fourth, and Seventh Circuits
  • US District Court, Northern District of Florida and District of Maryland
  • Supreme Court of Virginia

Education

  • University of Virginia, J.D.: Order of the Coif
  • University of Richmond, B.A., Political Science: summa cum laude

Professional Activities

Clerkships

  • Honorable M. Blane Michael, US Court of Appeals, Fourth Circuit 

Panelist

  • ABA Litigation Section Roundtable, “Preserving Your Record: Appellate Tips for Young Lawyers” (October 2014)

Author

  • “The Ethical Difficulties of Court-Ordered Inspections of Social Networking Accounts,” Ethics in Context: Summer 2012, Practicing Law Institute, co-authored with Stephen D. Brody (2012)

Member

  • Board of Directors, Restoration Immigration Legal Aid
  • Pathways to Housing DC