David R Fine

Practice Areas

David Fine is an appellate lawyer with broad experience briefing and arguing appeals in both federal and state courts across the United States. Chambers USA has ranked David as a Band 1 appellate lawyer in Pennsylvania. The Best Lawyers in America® has listed David for the past 13 years. David has practiced in the US Courts of Appeals for the Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh and D.C. and Federal Circuits; the Pennsylvania Supreme Court; the Pennsylvania Superior Court; the Pennsylvania Commonwealth Court; the Arizona Court of Appeals; the Delaware Supreme Court; Florida Supreme Court; the Florida Third District Court of Appeal; the Florida Fourth District Court of Appeal; the Louisiana Court of Appeals; the Maryland Court of Appeals; the New York Court of Appeals; the New York Appellate Division; the Oregon Supreme Court; the Oregon Court of Appeals; the Tennessee Supreme Court; and the Texas Court of Appeals. David also provides consulting services to clients and lawyers developing appellate strategies. David is a fellow of the American Academy of Appellate Lawyers. He served as the president of the Third Circuit Bar Association between 2023 and 2024. He has served by appointment of the Pennsylvania Supreme Court on that court's Appellate Court Procedural Rules Committee (2008-15), Pennsylvania Board of Law Examiners (2015-21; chair, 2020-21), and Pennsylvania Interest on Lawyers' Trust Accounts Board (2021-present; secretary, 2022-present). He frequently writes and lectures on appellate advocacy.

Professional Memberships

Appointed by Pennsylvania Supreme Court to serve on Interest on Lawyer Trust Accounts Board, May 2021 (elected secretary, 2022)

Third Circuit Bar Association (member, Board of Governors, 2013-present; president, 2023-2025)

Fellow of the American Academy of Appellate Lawyers, 2023-present.

Pennsylvania Board of Law Examiners (member, 2015-2021; chair, 2020-2021)

Pennsylvania Supreme Court Appellate Court Procedural Rules Committee (appointed member, 2008-2014, vice chair, 2013-14)

Coordinator of Pennsylvania Supreme Court Pro Bono Pilot Program (appointed, 2015)

Pennsylvania Bar Association, Amicus Curiae Brief Committee (2015-present; co-chair, 2018-present)

Pennsylvania Bar Association, Appellate Advocacy Committee (co-chair, 2011-2015)

Pennsylvania Bar Association, Civil Litigation Section (council member, 2003-2009; chair, 2008-2009)

Federal Bar Association (Middle District of Pennsylvania Chapter, President, 2001-2002)

Lawyers' Advisory Committee of the U.S. Court of Appeals for the Third Circuit (appointed member, 2006-2009)

Lawyers’ Advisory Committee of the U.S. District Court for the Middle District of Pennsylvania (appointed member, 1999-2005; committee chair, 2003-2005)

Merit Selection Panel for Magistrate Judge Retention, U.S. District Court for the Middle District of Pennsylvania (chair, 2005)

Dauphin County Bar Association

The Vista School/Vista Foundation (director and corporate secretary, 1999-2016; director and president, 2016-2021)

Pennsylvania Special Education Advisory Panel (gubernatorially appointed member 2004-2010; vice-chair, 2007-2010)

Pennsylvania Autism Task Force (appointed member, 2003-2004)

Publications

“The End of Chevron Deference: What the Supreme Court’s Ruling in Loper Bright Means for the Regulated Community,” The Journal of Federal Agency Action, September-October 2024

“Using Rule 23(f) To Review Class Certification Orders,” Law360, 22 April 2024

Co-author, "The Middle District Manual," PBI Press, 11th ed., 2018

Contributing Author, "Third Circuit Appellate Practice Manual," PBI Press, 3rd ed., 2017

"A Bad Reason for Rejecting Judges," The Philadelphia Inquirer, 20 September 2007

"Free Speech vs. Thoughtless Speech," The Philadelphia Inquirer, 28 March 2006

"Allow Television Coverage," National Law Journal, 19 December 2005

"No Politics in Third Branch," National Law Journal, 6 December 2004

"Ousting Roy Moore: Judges Showing Backbone," National Law Journal, 22 December 2003

"Cure for Malpractice Premiums Lies With Congress," New York Law Journal, 17 March 2003

"Two Lawyers Say: Limit Damages, Fees," The Philadelphia Inquirer, 8 January 2003

"Cure for High Premiums," The National Law Journal, 23 September 2002

"Enabling Behavior," The American Lawyer, May 2001

"Keeping Mum Kills Precedents," The National Law Journal, 19 February 2001

"What's Past is Prologue," The Orange County Lawyer, February 2001

Education