Whitney A. Davis
Overview
Whitney Davis is a member of the California and Texas bars. He is also admitted to practice before the U.S. Supreme Court, the 8th and 9th Circuit U.S. Courts of Appeal, and U.S. District Courts in the Eastern, Northern and Central Districts of California; the Eastern District of Pennsylvania; and Eastern and Western Districts of Arkansas.
Degrees:
1987 – Univ. of Arizona, Business Administration
1990 – Univ. Pacific, McGeorge School of Law, Juris Doctorate
Recognition
Since 2005, Mr. Davis has been rated “AV-Preeminent” by Martindale Hubbell, the highest competency and ethical rating that can be awarded. Mr. Davis has also been recognized as a “Super Lawyer” in 2005, 2009, 2010, 2011, 2012, 2013, 2015, 2016, 2017,2018, 2019 & 2020 in Business Litigation and Environmental Litigation.
Practice Highlights
Mr. Davis commenced practice in 1990 defending transportation, product liability and environmental matters. In 1997, Mr. Davis successfully defended an environmental matter in Los Angeles against 155 injury claimants, who were testing California’s legal waters for a 4,500-claimant suit seeking in excess of $400 million. Mr. Davis invoked federal preemption and his client prevailed in the trial court, at the Second District Court of Appeal, the California Supreme Court and eventually at the U.S. Supreme Court.
In 2000, Mr. Davis founded a law firm representing Fortune 500 clients in complex transportation, contract and environmental matters throughout the United States. At the same time, he began to lobby on state and national levels to prevent burn and spinal cord injuries to minors and the elderly. Concerned with the needless injuries and deaths suffered by so many children and seniors resulting from mattress and upholstered furniture fires, Mr. Davis took matters into his own hands.
In 2001, he petitioned the U.S. Consumer Product Safety Commission to adopt a flame-resistance standard for children’s and senior’s mattresses. Dateline, Good Morning America and more than 145 local affiliates nationwide aired Mr. Davis’ campaign against the U.S. mattress industry to save lives. Mr. Davis authored a new law for California on the subject (AB 603) which by 2005 became the toughest residential flammability safety standard ever enacted in the United States. In 2009, the U.S. Consumer Product Safety Commission adopted Mr. Davis’ standard, making it the national flammability standard for mattresses.
“The responsibility vested in us as lawyers calls upon us to change the law to save lives and serve civil justice. This stewardship compels us to test and stretch the law to evolve, whether it be at trial, in the appellate courts, or deep within the legislative process. Wielding my legal training to reduce burn deaths and injuries the members of our society that are the least able to protect themselves, minors and seniors, was an effort necessary to an environment where more lawyers must scrutinize technologies that place our families at risk.”
Over more than two decades, a steady flow of transportation, insurance, environmental, oil & gas, business and estate matters substantially complimented Whitney’s policy, trial and arbitration record. This experience permitted him to develop policy and counseling practice segments in Insurance Coverage/Bad Faith; Real Property; Distribution/Franchise; Agricultural, Water and Land Use.
Mr. Davis recently served as lead counsel in a multi-million dollar aerospace parts distribution matter in Los Angeles concerning worldwide rights to sell commercial and military jet parts. After prevailing in the liability phase before a three-judge AAA panel (3-0), Mr. Davis recovered $11.7 million.
In 2015, Mr. Davis recovered more than $3 million for his transportation client upon establishing a breach of an exclusive freight agreement. In 2016, Mr. Davis recovered more than $3 million for another client in a loading/unloading case.
Mr. Davis currently represents a U.S. Trustee seeking to recover more than $450 million in fraudulent transfers. He also defends an aircraft fuel provider in a $500 million soil and water contamination matter concerning the San Francisco International Airport.
In 2018 - $19,178,000 verdict in truck loading/unloading matter; $1,100,000 settlement for auto accident with concussion.
Expert Witness Retention:
Environmental Remediation Protocols, Insurance Coverage, Associate Attorney Prevailing Salaries
Peer-Reviewed Books and Publications:
Buck, R., & Davis, W. A. (2010) http://www.kwdavis.com/uploads/1/2/9/8/12982522/whit_bucky_chapter.pdf . Marketing risk: Emotional appeals can promote the mindless acceptance of risk. In Sabine Roeser, (Ed.), Emotions and Risky Technologies. Pp. 61-80. Springer book series The International Library of Ethics, Law and Technology. Vol. 5. New York, NY, USA: Springer
Published Opinions in Legal Matters
- Viad Corp v. Superior Court 55 Cal. App. 4th 330 (2nd Dist 1997)
- California Supreme Court Review Denied, Viad Corp v. Los Angeles County Superior Court, 1997 Cal. LEXIS 5594.
- California Supreme Court Review Transferred to Second District Court of Appeal, 2000 Cal. LEXIS 3726
(See Scheiding v. General Motors (22 Cal. 4th 471 (2000))
- Hoffinger Industries v. Bunch 292 B.R. 639 (B. A. P., 8th Cir. 2003)
- Bunch v. Hoffinger Industries, 329 F. 3d 948 (U.S.C.A. 8th Cir. 2003)
- Bunch v. Hoffinger Industries (Doughboy), 123 Cal. App 4th 1278 (3rd. Dist. 2004)
- California Supreme Court Review Denied, Bunch v. Hoffinger Industries, 2005 Cal. LEXIS 1702 (2005)
- U.S. Supreme Court Certiorari Denied, Hoffinger Industries v. Bunch, 2005 U.S. LEXIS 5585, 126 S. Ct. 344 (2005).
- Hoffinger Industries v. Bunch 313 B.R. 812 (Bankr. E.D. Ark. 2004)
- Bunch v. J.M. Capital Finance, 321 B.R. 515 (Bankr. E.D. Ark. 2005)
- See also Bunch v. J.M. Capital Finance, 327 B.R. 389 (Bankr. E.D. Ark. 2005)
- Bunch v. J.M. Capital Finance, 323 B.R. 681 (Bankr. E.D. Ark. 2005)
- R. Ray Fulmer, II, et al v. Fifth Third Equipment Finance, et al, Case No. 19-555 Cert. Denied (2020)
Whitney Davis is a member of the California and Texas bars. He is also admitted to practice before the U.S. Supreme Court, the 8th and 9th Circuit U.S. Courts of Appeal, and U.S. District Courts in the Eastern, Northern and Central Districts of California; the Eastern District of Pennsylvania; and Eastern and Western Districts of Arkansas.
Degrees:
1987 – Univ. of Arizona, Business Administration
1990 – Univ. Pacific, McGeorge School of Law, Juris Doctorate
Recognition
Since 2005, Mr. Davis has been rated “AV-Preeminent” by Martindale Hubbell, the highest competency and ethical rating that can be awarded. Mr. Davis has also been recognized as a “Super Lawyer” in 2005, 2009, 2010, 2011, 2012, 2013, 2015, 2016, 2017,2018, 2019 & 2020 in Business Litigation and Environmental Litigation.
Practice Highlights
Mr. Davis commenced practice in 1990 defending transportation, product liability and environmental matters. In 1997, Mr. Davis successfully defended an environmental matter in Los Angeles against 155 injury claimants, who were testing California’s legal waters for a 4,500-claimant suit seeking in excess of $400 million. Mr. Davis invoked federal preemption and his client prevailed in the trial court, at the Second District Court of Appeal, the California Supreme Court and eventually at the U.S. Supreme Court.
In 2000, Mr. Davis founded a law firm representing Fortune 500 clients in complex transportation, contract and environmental matters throughout the United States. At the same time, he began to lobby on state and national levels to prevent burn and spinal cord injuries to minors and the elderly. Concerned with the needless injuries and deaths suffered by so many children and seniors resulting from mattress and upholstered furniture fires, Mr. Davis took matters into his own hands.
In 2001, he petitioned the U.S. Consumer Product Safety Commission to adopt a flame-resistance standard for children’s and senior’s mattresses. Dateline, Good Morning America and more than 145 local affiliates nationwide aired Mr. Davis’ campaign against the U.S. mattress industry to save lives. Mr. Davis authored a new law for California on the subject (AB 603) which by 2005 became the toughest residential flammability safety standard ever enacted in the United States. In 2009, the U.S. Consumer Product Safety Commission adopted Mr. Davis’ standard, making it the national flammability standard for mattresses.
“The responsibility vested in us as lawyers calls upon us to change the law to save lives and serve civil justice. This stewardship compels us to test and stretch the law to evolve, whether it be at trial, in the appellate courts, or deep within the legislative process. Wielding my legal training to reduce burn deaths and injuries the members of our society that are the least able to protect themselves, minors and seniors, was an effort necessary to an environment where more lawyers must scrutinize technologies that place our families at risk.”
Over more than two decades, a steady flow of transportation, insurance, environmental, oil & gas, business and estate matters substantially complimented Whitney’s policy, trial and arbitration record. This experience permitted him to develop policy and counseling practice segments in Insurance Coverage/Bad Faith; Real Property; Distribution/Franchise; Agricultural, Water and Land Use.
Mr. Davis recently served as lead counsel in a multi-million dollar aerospace parts distribution matter in Los Angeles concerning worldwide rights to sell commercial and military jet parts. After prevailing in the liability phase before a three-judge AAA panel (3-0), Mr. Davis recovered $11.7 million.
In 2015, Mr. Davis recovered more than $3 million for his transportation client upon establishing a breach of an exclusive freight agreement. In 2016, Mr. Davis recovered more than $3 million for another client in a loading/unloading case.
Mr. Davis currently represents a U.S. Trustee seeking to recover more than $450 million in fraudulent transfers. He also defends an aircraft fuel provider in a $500 million soil and water contamination matter concerning the San Francisco International Airport.
In 2018 - $19,178,000 verdict in truck loading/unloading matter; $1,100,000 settlement for auto accident with concussion.
Expert Witness Retention:
Environmental Remediation Protocols, Insurance Coverage, Associate Attorney Prevailing Salaries
Peer-Reviewed Books and Publications:
Buck, R., & Davis, W. A. (2010) http://www.kwdavis.com/uploads/1/2/9/8/12982522/whit_bucky_chapter.pdf . Marketing risk: Emotional appeals can promote the mindless acceptance of risk. In Sabine Roeser, (Ed.), Emotions and Risky Technologies. Pp. 61-80. Springer book series The International Library of Ethics, Law and Technology. Vol. 5. New York, NY, USA: Springer
Published Opinions in Legal Matters
- Viad Corp v. Superior Court 55 Cal. App. 4th 330 (2nd Dist 1997)
- California Supreme Court Review Denied, Viad Corp v. Los Angeles County Superior Court, 1997 Cal. LEXIS 5594.
- California Supreme Court Review Transferred to Second District Court of Appeal, 2000 Cal. LEXIS 3726
(See Scheiding v. General Motors (22 Cal. 4th 471 (2000))
- Hoffinger Industries v. Bunch 292 B.R. 639 (B. A. P., 8th Cir. 2003)
- Bunch v. Hoffinger Industries, 329 F. 3d 948 (U.S.C.A. 8th Cir. 2003)
- Bunch v. Hoffinger Industries (Doughboy), 123 Cal. App 4th 1278 (3rd. Dist. 2004)
- California Supreme Court Review Denied, Bunch v. Hoffinger Industries, 2005 Cal. LEXIS 1702 (2005)
- U.S. Supreme Court Certiorari Denied, Hoffinger Industries v. Bunch, 2005 U.S. LEXIS 5585, 126 S. Ct. 344 (2005).
- Hoffinger Industries v. Bunch 313 B.R. 812 (Bankr. E.D. Ark. 2004)
- Bunch v. J.M. Capital Finance, 321 B.R. 515 (Bankr. E.D. Ark. 2005)
- See also Bunch v. J.M. Capital Finance, 327 B.R. 389 (Bankr. E.D. Ark. 2005)
- Bunch v. J.M. Capital Finance, 323 B.R. 681 (Bankr. E.D. Ark. 2005)
- R. Ray Fulmer, II, et al v. Fifth Third Equipment Finance, et al, Case No. 19-555 Cert. Denied (2020)