Fighting the good fight
Daniel K. Bryson
Whitfield Bryson & Mason LLP
900 W. Morgan Street
Raleigh, NC 27603
Dan is a founding partner with the firm and is one of the nation’s most respected and experienced attorneys in the area of defective consumer products and particularly construction products. Over the course of his 29-year career, Dan has been lead, co-lead or a steering committee member in numerous successful MDL or class actions. Dan has recovered more than $1.50 billion for his clients in numerous states throughout the country. His firm frequently collaborates with other attorneys in order to assemble the most effective team possible.
Dan is a frequent lecturer and writer on a variety of defective consumer products, insurance, and other complex civil litigation related topics. He has been quoted by a variety of media outlets over the years including the Wall Street Journal, Washington Post, New York Times, Law360 and Lawyers Weekly to name a few. He has been named as a member of the Legal Elite and Super Lawyers in North Carolina on numerous occasions.
Dan is on the Executive Board and Secretary of the Public Justice Foundation Board. Public Justice is a nationwide public interest law firm. See www.publicjustice.net for more information about this organization. Dan is also an adjunct professor at Campbell Law School in Raleigh, NC where he teaches introduction to Class Actions and Multi-district litigation. Dan is also the current Board Chair of NC Theatre and enjoys running, playing the guitar, and golf in his free time.
Recent Practice Highlights (partial listing):
- 2017: Interim Co-Lead Counsel of Outer Banks Power Outage Litigation, pending in the United States District Court for the Eastern District of North Carolina. Case deals with power outage on Hatteras and Ocracoke Islands during summer tourist season. Status: Pending resolution.
- 2017: Plaintiffs’ Steering Committee in FieldTurf Artificial Turf Marketing Practices Litigation, MDL 2779, pending in the United States District Court for the District of New Jersey. Case deals with allegedly defective turf sold and marketed by the company and sold nationwide. Status: Active.
- 2017: Co-Lead Counsel for Smith v. Floor and Decor Outlets of America, Inc., in the United States District Court for the Northern District of Georgia. Case dealt with formaldehyde levels of laminate flooring sold nationwide. Status: Settled. Confidential terms.
- 2017: Co-lead Counsel for Elliott v. KB Home Raleigh-Durham, in the Superior Court Division of the State of North Carolina. Class action case dealt with new homes constructed without a weather-resistant barrier underneath exterior siding. Status: Settled
- 2017: Co-Lead Counsel of In re Lumber Liquidators Chinese-Manufactured Laminate Flooring Durability Marketing and Sales Practices Litigation, MDL 2743, in the United States District Court for the Eastern District of Virginia. Case dealt with laminate flooring sold nationwide that allegedly failed to meet recognized durability standards. Status: Pending resolution.
- 2016: Lead Counsel for In re Windsor Windows Wood Clad Window Products Liability Litigation, MDL 2688, in the United States District Court for the Eastern District of Wisconsin. Case dealt with windows sold nationwide that allegedly permitted water intrusion. Status: Settled.
- 2016: Lead Counsel for In re MI Windows and Doors, Inc. Products Liability Litigation, MDL 2333, in the United States District Court for the District of South Carolina. Case dealt with windows sold nationwide that allegedly permitted water intrusion. Status: Settled.
- 2015: Lead Counsel of In re Elk Cross Timbers Decking, Marketing, Sales Practices and Products Liability Litigation, MDL 2577 in the United States District Court for the District of New Jersey. Case dealt with decking and railing material that allegedly degraded prematurely. Status: Settled.
- 2014: Co-lead Counsel for In re Atlas Roofing Corporation Chalet Shingle Products Litigation, MDL 2495 in the United States District Court for the Northern District of Georgia. Case concerns defective allegedly shingles sold nationwide. Status: Active.
- 2014: Co-Lead Counsel for In re Pella Corporation Architect Designer Series Windows Products Liability Litigation, MDL 2514 in the United States District Court for the District of South Carolina. Case dealt with windows sold nationwide that allegedly permitted water intrusion. Status: Settled.
- 2013: Plaintiffs Steering Committee, Experts and Science Committee, for In re Chinese Manufactured Drywall Products Liability Litigation, MDL 2047 in the United States District Court for the Eastern District of Louisiana. Case dealt with formaldehyde emissions from drywall. Status: Settled.
- State of North Carolina
- State of Kentucky
- U.S. District Court Eastern District of North Carolina
- U.S. District Court Middle District of North Carolina
- U.S. District Court Western District of North Carolina
- U.S. District Court Western District of Kentucky
- U.S. Court of Appeals 4th Circuit
- U.S. Court of Appeals 6th Circuit
- Named one of the Top 100 North Carolina Super Lawyers, 2013-2018
- Named Top 25 Lawyer in Raleigh, 2014-2018
- Named to North Carolina Super Lawyers, 2006, 2009-2018
- Named as a Member of “North Carolina’s Legal Elite,” Business North Carolina Magazine on numerous occasions
- Named to The Best Lawyers in America
- Martindale-Hubbell “AV Preeminent” Rated
- Member, Wake Forest Law Review, 1987 – 1988
- American Association for Justice, Lumber Liquidators Litigation Group, Oil Spill Litigation Group, Class Action Litigation Group, Wage & Hour Litigation Group, Chinese Drywall Litigation Group, Mold Litigation Group, Construction Defects Group, and Cox-2 Group
- Public Justice, Executive Committee & Secretary (2017-2018), Communications Committee Chair (2016-2017), Membership Outreach and Diversity Committee Chair (2013-2015), Board member since 2010
- North Carolina Advocates for Justice (NCAJ), Education Committee and the Legislative Committee (2012-2013)
- Kentucky Bar Association
- North Carolina Bar Association, Council and Chair of Construction Law Section (2001-2002)
- American Bar Association, Construction Law Section, Tort & Insurance Practice and Litigation Committees
- North Carolina Advocates for Justice
- Wake County Bar Association
- North Carolina Theatre, Board Chair (2015-2018)
- Raleigh Contemporary Art Museum, Board of Directors (2014-2017)
- Boy Scouts of America, Occoneechee Council, Past President (2006-2007)
- Campbell Law School, Adjunct Professor, Introduction to Complex Litigation: Introduction to Class Actions and Multi-District Litigations (2014-Present)
- 12 Angry Men (and Women), NCBA Construction Law Section Annual Meeting, October 2016
- ESI Essentials: What You Absolutely Must Know in this Day and Age About Electronically Stored Information, NCAJ Presentation, February 2016
- What Every NCAJ Member Should Know About Class Actions and Mass Torts, NCAJ Presentation, June 2013
- Synthetic Stucco Update: 1999
- A Primer on Multidistrict Litigation, NCAJ Magazine
- Satisfying Due Process in the Digital Age
- State of the Union on Condominium Construction Issues and How to Protect Your Legal Interests and Present a Potential Claim (co-author with Scott C. Harris)
- Are CGL Policies Still Worth Having?
- The Latest on Mold and What You Must Know (Co-Author with Scott C. Harris)
- What You Need to Know About General Liability Insurance Coverage
- General Contractor Liability for Defective Construction and the Subcontractor Exception
- Liability Issues in Construction Defect Cases
- Toxic Mold: A Legal Primer
- North Carolina Construction Law Deskbook Chapter on North Carolina Suretyship
- Chinese Drywall Litigation Issues (Co-Author with Scott C. Harris)
- Solving Water Intrusion and Mold Problems in North Carolina
- University of North Carolina, Chapel Hill: B.A., 1983
- University of North Carolina, Greensboro: M.B.A., 1986
- Wake Forest University School of Law: J.D., cum laude, 1988
Case Results (partial listing)
- Plaintiffs’ Steering Committee (Co-chair Science and Expert Committee) for the MDL 2047 involving Chinese Drywall resulting in a settlement valued over $1 billion. Dan also served on the trial team in Federal Court in Louisiana before the Honorable Eldon Fallon for each of the three Chinese Drywall bellwether cases.
- Co-lead Counsel on a three week jury trial in Madisonville, Kentucky resulting in a $1.39 million verdict in favor of a church and a business against two coal companies for causing subsidence to their properties
- Represented hundreds of homeowners in Western Kentucky for defective concrete utilized in their homes and businesses. Settlement in excess of of $50 million.
- Represented hundreds of homeowners throughout the Southeast for defective EIFS (exterior installation finishing systems) utilized in homes and businesses. Settlement in excess of $150 million.
- Lead Counsel on a three week jury trial in Wilmington, North Carolina resulting in a verdict and judgment of over $3 million for a contractor’s defective construction of marine bulkhead
- Lead Counsel on a two week jury trial in Bryson City, North Carolina resulting in a verdict and judgment in excess of $3.5 million for a developer’s deceptive advertising and shoddy construction of subdivision roads in the mountains of Western North Carolina
- Lead Counsel in MI Windows MDL No. 2333, consolidated to Federal Court in Charleston, SC before the Honorable Judge Norton
- Lead Counsel in GAF Cross Timbers Decking MDL No. 2577, consolidated to Federal Court in New Jersey before the Honorable Judge Jose L. Linares
- Co-Lead Counsel in Pella Corporation Architect and Designer Series Windows Marketing, Sales Practices and Products Liability Litigation MDL 2514 before the Honorable Judge Norton
- Co-Lead Counsel in Atlas Roofing Corporation Chalet Shingle Products Liability Litigation MDL 2495 before the Honorable Judge Thrash
Speaking Engagements (partial listing)
- Speaker, “Consumer Product Litigation,” Mass Torts Made Perfect (MTMP) Spring Convention, Las Vegas, Nevada, April 28, 2017
- Speaker, “Practical Skills for Practicing Lawyers,” 2016 Construction Law Section Annual Meeting and Joint Program with NCBA Litigation Section, New Bern, North Carolina
- Speaker, “Satisfying Due Process in the Digital Age,” American Association for Justice (AAJ) Annual Convention, Los Angeles, California, July 23, 2016
- Speaker, “ESI Essentials: What You Absolutely Must Know in this Day and Age About Electronically Stored Information,” North Carolina Advocates for Justice (NCAJ), NCAJ Annual Convention, Wilmington, NC, June 15, 2015
- National Chair, “Harris Martin’s Lumber Liquidators Flooring Litigation Conference,” Minneapolis, MN, May 27, 2015
- Speaker, “Construction Product Litigation, Managing Multiple Claims in Multiple Jurisdictions,” Louisiana State Bar Association, 14th Annual Class Action/Complex Litigation Symposium, New Orleans, LA, November 21, 2014
- Co-Chair and Speaker, “Class Actions, Making Mountains out of Molehills,” Ethics segment, NCAJ, Convention 2014, Sea Trail Resort, Sunset Beach, NC, June 16, 2014.
- National Co-Chair, Harris Martin “Construction Product Litigation Conference,” Miami Beach, FL, October 25, 2013
- Speaker, “Nuts and Bolts of Trying a Construction Defect Case”, North Carolina Bar Association, 2013 NC/SC Construction Law Sections Annual Meeting, Asheville, NC, September 27-28, 2013
- Speaker, “What Every NCAJ Member Should Know About Class Actions and Mass Torts”, North Carolina Advocates for Justice (NCAJ), NCAJ Annual Convention, Wilmington, NC, June 17, 2013
- Speaker/Faculty, “Complex Construction Litigation: Deconstructing Myths”, Louisiana State Bar Association, 12th Annual Class Action/Mass Tort Symposium, New Orleans, Louisiana, November 30, 2012
- Speaker/Faculty, “Commercial General Liability Insurance Coverage for Contractors: Mirage versus Reality”, North Carolina Bar Association, 2012 Construction Law Annual Meeting, Concord, North Carolina, September 28, 2012 – September 29, 2012
- National Plaintiffs’ Co-Chair, Harris Martin Chinese Drywall Conference, Miami, FL, Oct. 2011
- Speaker, Mass Torts Made Perfect, “There’s Gold in Them Thar Houses,” Bellagio, Las Vegas, NV, Oct. 2011
- Speaker–Analysis of the DePuy Hip Implant-Update on Causation and Design Defect, HB Litigation Conference “Orthopedic Litigation Conference-DePuy and Zimmer Implant Updates—Plaintiffs Only,” January 19, 2011
- Speaker/Faculty, “Perspectives for the Construction Lawyer: Where Have We Been? Where Are We Going?”, North Carolina Bar Association, 2010 Construction Law Section Annual Meeting, Cary, North Carolina, September 24, 2010 – September 25, 2010
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“…decades of experience in litigation construction product defect cases on an individual, multi-family, and class basis.”