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1 West Old State Capitol Plaza, Suite 600 Myers Building | Springfield, IL 62701
Giffin Winning Cohen & Bodewes
Seek Experienced Representation 217.525.1571

David A. Herman

Email: dherman@giffinwinning.com

About

David is an aggressive and skilled civil litigator who has represented clients in complex litigation in both state and federal courts. The cases listed below highlight his diverse range of experience in civil litigation.

David has also served in the Illinois Air National Guard with the 183rd FG and Combat Arms Training and Maintenance from 1986–1995.

Litigation

  • Lead counsel of a litigation team that represented a major pharmaceutical benefits management company in a challenge to an award of a five-year $2 billion state procurement contract. Successfully defended the challenge to the procurement contract. (Circuit Court of the Seventh Judicial Circuit, Sangamon County, Illinois, Case No. 05-CH-200)
  • Part of a litigation team that represents a health insurance company in a challenge to an award of a health insurance state procurement contract. Stay of award affirmed on appeal. Litigation currently pending. (Circuit Court of the Seventh Judicial Circuit, Sangamon County, Illinois, Case No. 11-MR-250)
  • Part of a litigation team that successfully defended a manufacturing company in an action arising out of the death of an employee. (Circuit Court of the Seventh Judicial Circuit, Morgan County, Illinois, Case No. 98-L-42)
  • Lead counsel of a litigation team that successfully defended a putative nationwide class action products liability case involving a roofing product with damage alleged to be in excess of $550 million. (Circuit Court of the Seventh Judicial Circuit, Sangamon County, Illinois, Case No. 03-L-172)
  • Represented a local chapter 7 bankruptcy trustee in an action seeking denial of discharge. The debtor was denied a discharge of his liabilities listed that were in excess of $12.5 million. (United States Bankruptcy Court for the Central District of Illinois, Adversary Case No. 03-07339)
  • Lead counsel that represented a Springfield doctor that challenged the discharge of an unsecured debt owed by another Springfield doctor. The case was ultimately resolved by securing a settlement acceptable to his client. (United States Bankruptcy Court for the Central District of Illinois, Adversary Case No. 04‑07031)
  • Part of a litigation team that represented a company that challenged the $2.3 million dischargeability of a debt. The case was ultimately resolved by seeking a settlement acceptable to his client. (United States Bankruptcy Court for the Southern District of Illinois, Adversary Case No. 04-06049)
  • Lead counsel of a litigation team that represented a subsidiary of a major healthcare business in an action arising from the asset acquisition of a business. The plaintiff sought in excess of $5 million, alleged violations of RICO, unfair trade practices, trademark infringement, unfair competition, unjust enrichment, conversion, defamation and breaches of contract. The case was ultimately resolved by securing a settlement acceptable to his client. (United States District Court, Central District of Illinois, Springfield Division, Case No. 01-3064)
  • Lead counsel of a litigation team that represented a Canadian natural gas company that successfully obtained an injunction preventing the use of a similar name by another company selling natural gas. (Circuit Court of the Seventh Judicial Circuit, Sangamon County, Illinois, Case No.05-CH-243)
  • Represents a railroad company in litigation involving the sale of a railway line in northern Illinois. Case currently pending. (United States District Court for the Central District of Illinois, Springfield Division, Case No. 11-CV-01139)
  • Part of a litigation team that represented the Illinois Secretary of State in a $4.6 million litigation dispute against a national railroad corporation challenging the application of the state franchise tax. (Illinois Secretary of State, Department of Administrative Hearings, File No. S-C1-98)
  • Part of a litigation team that represented a county municipality against a natural gas company that was challenging the assessment and imposition of $2.3 million in property taxes. (Supreme Court of the State of Illinois, Case No. 102318)
  • Represented an aircraft owner in an aviation insurance coverage dispute against an insurance company seeking $1 million in insurance coverage for a death arising from an aircraft crash. A favorable ruling was obtained from the court that provided coverage to his client for the loss. (United States District Court, Central District of Illinois, Springfield Division, Case No. 99-3049)
  • Part of a litigation team for plaintiff in an action against the Illinois Department of Public Health involving a correction on a death certificate. This case was successfully argued in favor of the Plaintiff, which resulted in the payout on a life insurance policy to the Trust. (Circuit Court of the Seventh Judicial Circuit, Sangamon County, Illinois, Case No. 09-MR-326)
  • Part of a litigation team for plaintiff in an action involving a breach of an insurance contract. This case was settled out of court. (Circuit Court of the Seventh Judicial Circuit, Sangamon County, Illinois, Case No. 10-L-1)
  • Part of a litigation team that successfully negotiated settlement of policy limits of $500,000 from insurance company for clients injured in a highway collision prior to the initiation of litigation.
  • Lead counsel representing an individual who was injured in an automobile accident with an uninsured motorist. Successfully negotiated payment of $100,000 from insurance company under uninsured motorist coverage. Client’s employer claimed subrogation rights over the awarded damages and he successfully resolved the issue in our Client’s favor prior to the initiation of litigation.
  • Part of a litigation team representing an individual who was injured in an automobile accident. Negotiated $100,000 settlement prior to the initiation of litigation.
  • Part of a litigation team that represented an insurance company in matter against a construction company where fireplace was not properly installed in a newly constructed home resulting in total loss to the insured homeowner. Recovered $341,000 from the construction company’s insurer prior to the initiation of litigation.
  • Lead counsel of a litigation team that successfully represented Claudia Williams, the daughter of baseball legend Ted Williams, in an action to stop the internet auction of a historic baseball that was autographed in the 1940’s by Babe Ruth (inscribed “To My Pal Ted Williams - From Babe Ruth”) that was stolen from Ted Williams during the 1980’s. The ball was successfully returned to the Williams family. (Circuit Court of the Eighteenth Judicial Circuit, Du Page County, Illinois, Case No. 06-CH-2302)
  • Represented an RV dealer in an action brought by a consumer seeking recovery of $225,000 in damages based upon allegations of breaches of express and implied warranties. A favorable ruling was obtained from the court that dismissed his client from the litigation. (United States District Court, Central District of Illinois, Springfield Division, Case No. 02-3079)
  • Represented a local municipality in a matter with an international company involving $500,000 in dispute.
  • Lead counsel for a litigation team that represents a sign company in defense of alleged zoning law violations. (Circuit Court of the Sixth Judicial Circuit, Dewitt County, Illinois, Case No.’s 10-CH-31 and 10-MR-20)
  • Lead counsel for a litigation team representing a homeowner in an alleged ordinance violation dispute. (Circuit Court of the Seventh Judicial Circuit, Sangamon County, Illinois, Case No. 10-OV-164)
  • Lead counsel in a petition before a local municipality seeking a use variance of zoning ordinance allowing inside storage of motor vehicles. The use variance was granted by the municipality.
  • Part of a litigation team representing savings and loan, banks, credit unions and mortgage brokers’ statewide associations against state officials and constitutional officers in their collection and use of millions of dollars in regulatory fees collected from financial institutions. The circuit court entered a preliminary injunction against the state officials and officers to prevent their continued use and transfer of the regulatory fees. (Circuit Court of the Seventh Judicial Circuit, Sangamon County, Illinois, Case No. 04-CH-654)
  • Lead counsel of a litigation team that represents an association in litigation against the Illinois Department of Revenue and the Comptroller with regards to a decision by the Director of the Illinois Department of Revenue and the Comptroller to arbitrarily reduce the stipend paid to county treasurers for FY 2010. This case is currently pending. (Circuit Court of the Seventh Judicial Circuit, Sangamon County, Illinois, Case No. 10-MR-718)
  • Part of a litigation team challenging the filing of a mechanic’s lien and defending the business entity against breach of contract claims filed by the general contractor. Obtained an order expunging the mechanic’s lien and obtained a settlement acceptable to his client. (Circuit Court of the Seventh Judicial Circuit, Morgan County, Illinois, Case Nos. 05-CH-51 and 05-LM-181)
  • Part of a litigation team that represented a painting contractor in a dispute with a municipality that was resolved through negotiations prior to the initiation of litigation.
  • Lead counsel of a litigation team defending an international corporation in state court proceedings filed by two former employees claiming rights to unpaid compensation and other damages. (Circuit Court of the Seventh Judicial Circuit, Sangamon County, Illinois, Case Nos. 00-L-314 and 00-LM-1453)
  • Represented a business owner in an ERISA action brought by a local operators union that sought damages for the business’ alleged failures to make the proper ERISA contributions. The case was ultimately resolved by securing a settlement acceptable to his client. (United States District Court, Central District of Illinois, Springfield Division, Case No. 01-3311)
  • Part of litigation team that represents a Plaintiff in an action involving trademark infringement and a violation of the Uniform Deceptive Trade Practices Act.
  • Represents an Illinois not-for-profit corporation in an action involving alleged violations of corporate bylaws. Previously represented the same client in an action against members of the executive board for misconduct and fraud. An Agreed Order was entered in that case removing the defendants from the executive board.
  • Represented an individual in a contract dispute involving a promissory note. This case settled out of court.
  • Represents an individual in a contract dispute involving a non-compete clause. Parties are in settlement negotiations. No case currently pending.
  • Lead counsel of a litigation team that represents a Plaintiff in an action involving a breach of contract, breach of implied warranty, common law fraud and the Consumer Fraud Act. This case settled out of court.

Mediation and Arbitration Matters

  • Served as mediator in the mediation of a dispute between a financial lending company and a family investment partnership that defaulted on its $7.6 million loan to the company.
  • Served as arbitrator in arbitration between parties involved in automobile accidents.
  • Part of litigation team that represented plaintiff in an arbitration claim involving the reinstatement of a dealership pursuant to Section 747 of the Consolidated Appropriations Act, 2010. Successfully negotiated a settlement on behalf of plaintiff.

Miscellaneous

  • Lottery Assignment Litigation — Represents a corporation that purchases lottery assignments; has successfully obtained court orders approving more than 20 assignments.
  • Corporate counsel for an Illinois corporation. Has advised on various business-related activities, including employment and franchise agreement issues.
  • Currently serves as a Hearing Officer for the Illinois State Board of Elections, where he presides over election code violations and disputes.
  • Currently serves as a Hearing Officer for the City of Springfield, where he presides over parking code violation hearings.

Education

Admissions to Practice

  • U.S. District Court
  • Southern District of Illinois
    • Central District of Illinois
    • Northern District of Illinois
  • U.S. Court of Appeals, 7th Circuit
  • U.S. Supreme Court

Previous Professional Experience

  • U.S. District Court for the Central District of Illinois, Summer Clerk for Hon. Richard Mills, 1990
  • Illinois Circuit Court, Student Judicial Clerk for Hon. Thomas Hornsby, 1992
  • Illinois Air National Guard, 183rd Fighter Group, Combat Arms Training and Maintenance, 1986–1995

Publications

  • Illinois Chapter, Products Liability, 50 State Handbook (West 1994).
    Rutan v. Republican Party of Illinois and Patronage Employment Practices: Clarification or Confusion?, 11 N. Ill. U. L.Rev. 355 (1991).

Seminars Taught

  • “SIU School of Medicine Mock Trial,” Southern Illinois University School of Medicine
  • “Down-State Bridge the Gap Program,” Illinois State Bar Association, Young Lawyers Division Council

Professional Associations

  • Illinois State Bar Association
    • Served on Young Lawyers Committee
    • Served as Illinois Young Lawyers Delegate to American Bar
    • Association Annual and Mid-Year Meetings
    • Served as Chair of Downstate Education Subcommittee, 1999
    • Federal Civil Practice Committee
  • Sangamon County Bar Association
    • Second Vice-President, 2006–Present
    • Secretary, 2004–2005
    • Young Lawyers Division, President, 2001
  • Leadership Springfield
    • Former Board Member
    • Chairman,  1998–1999
    • Vice-Chairman, 1997–1998
  • Bar Association of the Central and Southern Federal Districts of Illinois
    • Rules Committee
  • American Inn of Courts, Lincoln-Douglas Chapter
    • Member

Civic Participation

  • Springfield Business Journal – “Forty under 40” Award, 2002
  • Softball coach
  • Soccer coach
  • Dana Thomas House
    • Member, Board of Directors
  • FBI Citizen’s Academy Program
    • Graduate Class of 2005
  • FBI Springfield Division Citizen’s Academy Alumni Association
    • Board Member
    • Legal Counsel
  • Route 66 Events, Inc.
  • Springfield Historic Sites Commission
    • Former Board Member
  • Fifth Street Renaissance Transitional Homeless Shelter
    • Former Board Member
  • Downtown Springfield, Inc.
    • Former Member
    • Membership Committee
  • Evening Republican’s Club
    • Former Member
  • Sangamon County Young Republicans
    • Former Member
  • Springfield Chamber of Commerce
    • Former Member
    • Past Small Business Person Awards Judge
    • Past Member, Small Business Council
Giffin Winning Cohen & Bodewes
1 West Old State Capitol Plaza, Suite 600 Myers Building
Springfield, IL, 62701 USA
217.525.1571