David E. Constine III

David is a partner in the firm’s Labor + Employment Practice Group. His practice encompasses litigation and counseling relating to Title VII, ADEA, ADA, Executive Order 11246, FLSA, ERISA, and all federal and state employment laws, including litigation and counseling related to personnel manuals, employment contracts, employee benefits, noncompetition agreements, whistleblowers, trade secret protections, and other personnel matters. David is also very experienced in the defense of disability, life, and health insurance claims under ERISA and otherwise, as well as general civil rights litigation and constitutional torts.

• Towne Mortgage, Inc. v. Atlantic Bay Mortgage Group, (Brown County, Wisconsin Cir. Ct. 2017) (obtained decision of case claiming noncompete, conspiracy, breach of fiduciary violations).
• Citizant, Inc. v. Nigro and Tran, (Cir. Ct. Loudoun Co. 2015) (obtained judgment for defendants in trial involving noncompete and other business limits).
• Smith v. Anthem, Inc., (E.D. Va. 2016) (defended summary judgment for employer on ADA and Title VII claims).
• Wise-Senior v. Anthem, Inc., (E.D. Va. 2016) (obtained summary judgment for employer on federal whistleblower claims).
• True Blue, Inc. v. Ferguson Enterprises, (E.D. Va. 2015) (defeated attempt to enforce covenant not to compete).
• Fine v. Sun Life Assurance Co., (E.D. Va. 2016) (obtained summary judgment for defendant insurer in ERISA case claiming millions of dollars in employee benefits).
• Collins v. Unum Life Ins. Co. of Am., (4th Cir. 2017) (obtained summary judgment for insurer in federal court that was affirmed by 4th Cir. in claim seeking employee life insurance benefits).
• Suter v. Unum Life Ins. Co. of Am., (E.D. Va. 2017) (obtained summary judgment for insurer in claims seeking employee life insurance benefits).
• Allan v. WCI Communities, Inc., Civil Action No.: 3:99cv19 (E.D. Va. 1999) (obtained jury verdict for defendant real estate developer on the claim of plaintiff, the former chief financial officer, that the defendant had breached his employment agreement).
• Martin v. Scott & Stringfellow, Inc., FINRA No. 06-01589, (2008) (defended securities broker-dealer in claim of wrongful termination for former commercial mortgage backed securities broker and prevailed after three-day arbitration).
• Ilozor v. Hampton University, 07-1463 (4th Cir. 2008) (represented defendant in discrimination claims brought by former architecture professor and prevailed on summary judgment).
• Cardiac Thoracic Surgical Assoc. v. Katz, et al. (Cir. Ct. City of Richmond 2007) (obtained dismissal of multicourt complaint alleging breach of noncompete and breach of fiduciary duty).
• Spinner v. Anthem Healthcare, (W.D. Va. 2008) (obtained dismissal of six-count ERISA complaint for health care benefits valued at $1.2 million).
• Lester v. AREVA, 6:06cv15 (W. D. Va. 2008) (obtained summary judgment for employer and plan in claim for pension benefits).
• Collier v. Gumenick Properties, CL08-424 (Henrico Cir. Ct. 2008) (obtained dismissal of multicourt sexual harassment claim).
• Whitten v. Hartford Life Ins. Co., (4th Cir. 2007) (obtained judgment for Hartford in ERISA case applying de novo standard of review).
• Dillon v. Anthem Healthcare, 7:07cv69 (W.D. Va. 2007) (obtained summary judgment in ERISA case seeking health care benefits).
• Diggs, et al. v. Commonwealth Public Broadcasting, 3:03cv948 (E.D. Va. 2004) (obtained dismissal of collective action age discrimination claims prior to class certification).
• O’Brien v. Scott & Stringfellow, Inc., 3:06cv213 (E.D. Va. 2006) (obtained dismissal of ADA claims benefit by investment banker).
• Williams v. Scott & Stringfellow, Inc., 3:06cv202 (E.D. Va. 2006) (obtained dismissal of ADA claims brought by bond trader).
• White v. Town of Warrenton, (2007) (obtained verdict for Town from three-judge panel after administrative trial in wrongful discharge claim brought by police sergeant).
• Chanin v. Eastern Virginia Medical School , 20 Va. App. 487, 459 S.E.2d 523 (1995) (represented defendant in claim brought by doctor employee claiming she contracted multiple chemical sensitivity syndrome at work. Judgment for defendant after trial and prevailed on appeal).
• Turf-Care v. Hall, Chancery No. CH98-1490 (Henrico County Circuit Court 2000) (obtained verdict for plaintiff in claim against former officer who had breached fiduciary duties and usurped corporate opportunities).
• Sales v. Grant, et al., Civil Action No.: 96-0027-L (W.D. Va. 2001) (obtained jury verdict for two former assistant voting registrars for the City of Lynchburg in a case alleging that they were not reappointed to their positions because of their political affiliation), see also 158 F.3d 768 (4th Cir. 1998) and 224 F.3d 293 (4th Cir. 2000).
• Arnold v. Grant, et al., Civil Action No.: 95-0013-L (W.D. Va. 1995) (represented plaintiff voter registrar for the City of Lynchburg and obtained jury verdict in a case alleging discrimination based on her political affiliation).
• HCA Health Services of Virginia, Inc. v. AmeriHealth, Inc., 1995 U.S. App. LEXIS 25591 (successfully defended welfare benefit plan in an ERISA case where the plaintiff hospital sued to recover more than $750,000 in medical expenses associated with the premature birth of a child born to one of the plaintiff’s participants. Obtained verdict after trial and also prevailed on appeal).
• Barnett v. Technology International, Inc., 1 F. Supp.2d 572 (E.D. Va. 1998) (obtained summary judgment for defendant in a case alleging national origin discrimination).
• Mason v. Riddick, 1996 U.S. Dist. LEXIS 19349 (E.D. Va. 1996) (obtained summary judgment for defendant cotton gin in a case brought by four plaintiffs alleging race discrimination).
• Dade v. Anderson, 247 Va. 3 (Va. 1994) (represented the estate in a claim brought by the wife of a decedent to recover from the estate for nursing services rendered by her during his lifetime. Judgment obtained for the defendant and successfully prevailed in the Supreme Court of Virginia).

• Business Today: Top 10 Virginia Labor & Employment Lawyers (2023)
• Virginia Lawyers Weekly: “Go To Lawyers” – Employment Law (2021, 2024)
• Thomson Reuters Stand-out Lawyer (2018, 2020-2021, 2023-2025) – independently rated lawyers
• Best Lawyers in America®: Employment Law – Management (2011-2026), Litigation – Labor and Employment (2015-2026)
• Super Lawyers®: Virginia (2006-2021)
• Best Lawyers in America®: “Lawyer of the Year” in Litigation – Labor and Employment (2015, 2016, 2020)
• Chambers USA: Labor & Employment, Virginia (2004-2025)
• Virginia Business Magazine: “Legal Elite” Labor and Employment Law (2001-2017, 2020-2023)
• BTI Consulting Group: “BTI Client Service All-Star” (2012, 2015)
• Super Lawyers: “Top 100 Lawyers” (2012)
• Super Lawyers Corporate Counsel Edition: Employment & Labor Law (2008, 2011)
• Member, Harry S. Carrico Faculty on Professionalism, Virginia State Bar