Founding member, Heath Sherman, is an experienced litigator with over two decades in the practice of law. Heath represents domestic insurance companies, third-party administrators, and businesses of all sizes in various litigation matters throughout the State of Illinois. Cases range from first and third-party property and bodily injury claims in the subject areas of construction, product liability, transportation, premises liability, employer’s liability and workers’ compensation to insurance coverage, subrogation, and appellate work. Heath also has a national product liability practice defending European, Chinese and Taiwanese manufacturers of bicycles, consumer goods, furniture, sports equipment, and fall protection.
Mr. Sherman has litigated cases on a pro hac vice basis across the country in both federal and state courts and in administrative hearings. These jurisdictions include Alabama, Arizona, California, Colorado, Florida, Idaho, Illinois, Kansas, Kentucky, Maryland, Minnesota, Missouri, Nevada, New Jersey, New York, Pennsylvania, Ohio, Texas, Utah, Washington, and Wisconsin. Heath is admitted to practice in the State of Illinois, the federal trial bar of the United States District Court for the Northern District of Illinois, and the Appellate Bars for the United States Court of Appeals for the Third, Ninth and Eleventh Circuits.
Mr. Sherman is a member of the Illinois State Bar Association, the Claims and Litigation Management Alliance, and the National Association of Subrogation Professionals. He is a frequent lecturer for insurance organizations as well as his domestic and international clients.
Education
University of Michigan at Ann Arbor (B.A.) 1992
DePaul University College of Law (J.D.) 1996
Published Decisions
Heriaud v. Ryder Transportation Services, 03 C 0289 (N.D.Ill. March 14, 2006), the Senior District Judge affirmed the Magistrate Judge order in favor of Heath’s client, Morgan Corporation, and other defendants barring Plaintiff’s expert from testifying based on Plaintiff’s counsel’s obstructionist behavior at the expert’s deposition and awarding defense fees and expenses.
Independent School District of Boise, Idaho v. Coregis, 265 Fed.Appx. 493 (June 20, 2006) – the Ninth Circuit Appellate Court affirmed summary judgment on behalf of Heath’s client Coregis, ruling that a Rate Guarantee endorsement limits premium increases during the relevant policy years and does not prevent cancellation of the policy pursuant to the Cancellation and Nonrenewal endorsement.
Jones v. Rallos, 869 N.E.2d 124 (1st Dist. 2006); 890 N.E.2d 1190 (1st Dist. 2008) – Jones alleged Dr. Rallos made a false HIV positive diagnosis. There were several interesting evidentiary rulings in this medical malpractice case resulting in reversal of a jury trial verdict entered against Heath’s client Dr. Rallos, only to later be reversed after the Illinois Supreme Court directed the Appellate Court to reconsider its ruling.
River Village v. Central Insurance Companies, 919 N.E.2d 426 (1st Dist 2009) – the First District affirmed a ruling for summary judgment on behalf of Heath’s client Central Insurance. The court ruled that unless there is a contract specifically requiring Central’s insurance is primary, its coverage of additional insured River Village is excess over and above any other insurance River Village would be able to collect in the event of a loss. The targeted tender doctrine is inapplicable to allow River Village to seek coverage under Central’s excess policy.
John Bertles v. Omni Corp. (pending Third Circuit Court of Appeals 2020) – the District Court ruled on behalf of Heath’s client Omni Corporation based in Taiwan, that it could not exercise personal jurisdiction.
Presentations
Illinois Workers’ Compensation & Employer Liability – Webinar (2011)
Stuff That Bugs Us: Litigation Do’s and Dont’s – CLM Workers’ Compensation Conference (Chicago, IL 2013)
Subrogation Statutes and Their Impact on Workers’ Compensation Claims Settlement Strategies – CLM Workers’ Compensation Conference (Costa Mesa, CA 2014).
Resolving Workers’ Compensation Subrogation Claims: The Future is Negotiable – NASP Annual Conference (Orlando, FL 2014).
Investigating Today for Tomorrow’s Challenges – NASP Webinar (2015)
How Did We Lose this Case? A Postmortem – Identifying What Went Wrong & Learning How to Prevent it from Happening Again – CLM Workers’ Compensation & Insurance Fraud Conference (Boston, MA 2015).
Conveying Your Conclusion – Biomechanics & Accident Reconstruction – NASP Spring Conference (Napa, CA 2015).
Should I Stay or Should I Go? How to Win the Clash with Foreign Defendants to Ensure the Court Can Exercise Personal Jurisdiction – NASP Spring Conference (Virtual 2020).
Illinois Employers’ Liability & Subrogation – BerkleyNet Presentation (2020).