David A Wollin

Practice Areas

Litigation

Product Liability & Toxic Tort

Health Care

Insurance Coverage

Energy

Career

Hinckley Allen, Partner (2013 - Present)

Adler Pollock & Sheehan P.C. , Partner (1996 - 2013), Associate (1993 - 1995)

Arnold & Porter, Associate (1988 - 1993)

The Honorable Danny J. Boggs, United States Court of Appeals for the Sixth Circuit, Law Clerk (1987-1988)

The Honorable James F. Couch, Jr., Supreme Court of Maryland, Law Clerk (1986 - 1987)

Professional Memberships

American Arbitration Association, Arbitrator

International Association of Defense Counsel, Member

Professional Liability Defense Federation, Member

Rhode Island Bar Association Federal Court Bench/Bar Committee, Member

Rhode Island Board of Bar Examiners, Chair

Expert in these Jurisdictions

Massachusetts

Rhode Island

United States Court of Appeals for the Federal Circuit

United States Court of Appeals for the First Circuit

United States District Court for the District of Massachusetts

United States District Court for the District of Rhode Island

United States Supreme Court

Experience

David is General Counsel of the firm and an experienced trial and appellate lawyer, regularly handling complex and novel litigation in federal and state courts. He has extensive experience in all phases of litigation and over his career has worked for a diverse clientele, from Fortune 100 companies to locally-owned businesses, on a wide range of issues. He has been named to Best Lawyers in America® since 2006, including recognition as “Lawyer of the Year,” among other honors.

David is past President of the Federal Bar Association, Rhode Island Chapter, and Chair of the Rhode Island Board of Bar Examiners. He is also co-author of a leading treatise on civil and appellate procedure. He received his law degree from Duke University School of Law, where he was Moot Court Champion and Senior Editor of Law and Contemporary Problems. After law school, he served as a law clerk to Judge Danny J. Boggs of the United States Court of Appeals for the Sixth Circuit, and Judge James F. Couch, Jr. of the Supreme Court of Maryland.

Education

Awards

Work Highlights

Successful arbitration for wind farm owner:

Hinckley Allen served as counsel to the owner of wind farm in Hawaii that was experiencing structural and geo-technical issues with its turbine foundations. David and his partners, including Jerry Petros were able to obtain a favorable resolution of the dispute after filing arbitration claims against the wind farm’s general contractor.

Counterclaims for Boston Hospital net multi-million dollar judgment:

David served as lead trial counsel for a Boston hospital accused by its former parent corporation of failing to pay certain fees under a terminated affiliation agreement. David pressed counterclaims against the parent for breach of fiduciary duty, gross negligence and misrepresentations during the parent’s ownership of the client hospital. After a three-week trial in federal court, David and his associate Adam Ramos secured a multi-million dollar judgment in the client’s favor. The case was one of the first to establish a hospital network owed fiduciary duties to its member hospitals.

Establishing the economic loss doctrine as a defense in construction cases:

David served as counsel for an excavator who was sued for negligence when a construction project resulted in wetlands violations. David obtained summary judgment for the client, arguing the economic loss doctrine precluded damages for negligence. The Rhode Island Supreme Court affirmed, accepting David’s argument on appeal that the doctrine applied to sophisticated commercial entities in the construction context.

Successful defense of multi-national corporation in stock option dispute:

David served as counsel for a multi-national corporation sued by a disgruntled employee for failing to pay certain stock option benefits. Securing dismissal of the case, David convinced the federal court that the employee’s claims for breach of contract, breach of the duty of good faith and fair dealing and promissory estoppel had no merit and should not proceed to the discovery phase.

Successful defense of age and disability discrimination claims on appeal:

As appellate counsel, David convinced the Rhode Island Supreme Court to affirm summary judgment for a large automobile dealership sued for age and disability discrimination. When the former employee argued that the trial court had erred in granting summary judgment, David’s brief and oral argument persuaded the Supreme Court that the employer had a legitimate, non-discriminatory reason for terminating the employee and was not required to follow its progressive discipline policy before doing so. According to the Supreme Court, courts should not sit as super personnel departments, assessing the merits or even the rationality of employers’ non-discriminatory business reasons, and an employer may terminate an employee for any reason, good or bad, provided the decision is not based on a discriminatory reason.