Russ Herman | Louisiana Personal Injury Lawyer

Russ M. Herman is Of Counsel at Herman, Herman & Katz, L.L.C. He graduated from Tulane University with a B.A. Degree and L.L.B. in 1966. In 1977, he was chosen “Outstanding Trial Lawyer” by the Louisiana Trial Lawyers Association, and was LTLA President in 1980-81.

He has authored over 200 articles, papers and books in various aspects of Civil Trial Practice and has been published in various works including Am Jur, Trials, Shepard’s/McGraw Hill, The National Business Institute, Trial Magazine, The Forum, and Personal Injury Annual by Matthew Bender.

Mr. Herman is a principal faculty member of The Professional Education Group (P.E.G. ~ Minnesota, MN) and has served on the faculties of the Practicing Law Institute and The National College of Trial Advocacy. He has lectured at Tulane, L.S.U., Loyola, Georgetown, Hastings and other law schools.

Mr. Herman served as President of the (ATLA) Association of Trial Lawyers of America (1989-1990); President of the Civil Justice Foundation (1987-1988); and President of the Roscoe Pound Foundation (1991-1993). He is a Diplomate of the American Board of Professional Liability attorneys; a Diplomate of the National College of Advocacy, a Fellow and Director of the International Academy of Trial Lawyers, a member of the American Board of Trial Advocates (ABOTA),a Fellow of the International Society of Barristers, and a Barrister of the American College of Barristers. In July of 2001, Mr. Herman was selected for The Leonard M. Ring Champion of Justice Award, which is the highest honor bestowed by ATLA. He has also received the ATLA Lifetime Achievement Award (1999) and the Joe Tonahill Award (1998); Pursuit of Justice Award (American Bar Association Tort Trial & Insurance Practice Section (TIPS) 2005); and City Business’ Top 100 Leaders in Law for 2005 and 2006.

Mr. Herman has been selected by Naifeh and Smith for inclusion in Best Lawyers in America in Personal Injury, Maritime, Complex Litigation and Appellate Trial Practice areas. He is AV rated in Martindale-Hubbell.

He is the author and performer of ATLA’s best selling, 6-Volume Video Trial Practice Series, “Courtroom Persuasion: Art, Drama & Science” and a 443-page book by the same title published by West Group, Clark Boardman Thomson and ATLA Press and is the author for West Group’s two-volume series Louisiana Personal Injury. Current CLE programs by Mr. Herman: The Cutting Edge in Courtroom Persuasion and Storytelling and the Model for Winning at Trial are produced by The Professional Education Group (P.E.G.).

The National Law Journal named Mr. Herman as one of Louisiana’s top ten litigators, and the American Law Journal highlighted Mr. Herman in its June 1999 issue. Fortune Magazine featured his litigation accomplishments in the July 3, 2000 issue.

In April 2003, the Third Edition of Chamber’s USA “America’s Leading Business Lawyers” (2003-2004) listed Mr. Herman as the leading individual trial lawyer in Louisiana in General and Commercial Litigation.

In 2004, a jury returned a $591,000,000 verdict in Scott v American Tobacco, et al. (96-8461, Orleans Parish, Civil District Court). Mr. Herman was lead trial counsel in this case. Mr. Herman was the Court Appointed Liaison and Lead Counsel in In Re Propulsid: MDL 1355 case. He is the Liaison Counsel and Member of PSC Executive Committee In Re Vioxx: MDL1657.

In 2005, Mr. Herman was selected from over 15,000 nation-wide nominees as one of American’s 500 Leading Lawyers and Jurists by Lawdragon publications and in 2006, as one of America’s Top 500 Litigators. The Legal 500 has selected him as one of the 500 Top Litigators in the country from 2007 to present.

Russ Herman was named 2007 Lawyer of the Year by Lawyers USA on December 19, 2007, citing his role as the lead negotiator for Plaintiffs in reaching the recent $4.85 Billion Settlement with Merck in the Vioxx Litigation.

Russ Herman and the Firm have been retained in 2008 as Special Counsel to the Council of the City of New Orleans. From 2009 to date, Russ Herman has been designated in Louisiana Super Lawyers. In 2010, he was admitted to the trial lawyers Hall of Fame by the American Trial Lawyers with President John Adams, Clarence Darrow, Fred Levin, Morris Dees and others.

Russ Herman serves as Plaintiffs’ Liaison Counsel in MDL 2047, In Re Chinese-Manufactured Drywall Products Liability Litigation.

Education

• Tulane University School of Law, L.L.B. Degree (now J.D.) 1966
• Tulane University, B.A. 1963

Recognition

• LTLA’s President’s Award “Presented to the Outstanding Louisiana Trial Lawyer” (1977)
• LTLA’s Leadership Award (1981-1982). New Orleans Legal Secretaries Association’s Boss of the Year (1981-1982)
• Listed in Best Lawyers in America, compiled by Naifeh and Smith, Seaview/Putnam Presses (1983 – present)
• Best Lawyers’ 2010 New Orleans Personal Injury Litigator of the Year (2010)
• Listed in Marquis Who’s Who in American Law (1985 – present)
• Diplomat – American Board of Professional Liability Attorneys (1989 – present)
• Fellow – International Academy of Trial Lawyers (1990 – present)
• Wiedemann & Wysocki Award (1992-1994, 1996)
• Diplomat – National College of Advocacy (1993 – present)
• ATLA’s Joe Tonahill Award – New Lawyers Division (1997)
• American Board of Trial Advocates (1998 – present)
• Fellow – International Society of Barristers (1999 – present)
• ATLA’s Lifetime Achievement Award (1999)
• Named one of Louisiana’s Top Ten Litigators by the National Law Journal (June 1999 issue)
• Featured in Fortune Magazine (July 3, 2000 issue)
• Selected for the Leonard M. Ring Champion of Justice Award, the highest honor bestowed by ATLA (July 2001)
• Pursuit of Justice Award (2005), American Bar Association Tort Trial and Insurance Practice Section (TIPS)
• City Business’ Leadership in Law Award (2005-2006; 2014 Hall of Fame)
• In 2005, Mr. Herman was selected from over 15,000 nationwide nominees as one of America’s 500 Leading Lawyers and Jurists by Lawdragon, and in 2005, as one of America’s Top 500 Litigators. Louisiana Association for Justice Stalwart Award (2009)
• John R. “Jack” Martzell Professionalism Award (2009).
• Chambers USA 2011 – Leader in the Fields of Litigation, General Commercial (Louisiana), Products Liability and Plaintiffs (Nationwide)
• Lawdragon Top 500 Leading Lawyers in America (2004-2017)
• Lawdragon 500 Leading Plaintiff Consumer Lawyers Guide (2020-2023)
• Louisiana Life, Top Attorneys in Louisiana (2008-2011)
• New Orleans Magazine Top Lawyers (2012 – 2016, 2018-2019)
• Louisiana Super Lawyers (2007-2023)
• Legal 500, Top 500 Litigators in the United States (2007-present)
• Tulane Law School Inaugural Hall of Fame (2013)

Presentations

Mr. Herman has authored more than 100 articles, papers and books in various aspects of civil trial practice and has been published in various works including Am Jur; Trials; Shepard’s/McGraw Hill; The National Business Institute; Trial Magazine; The Forum; Trial Talk; Successful Trial Techniques of Expert Practitioners; Personal Injury Annual by Matthew Bender. Mr. Herman frequently gives lectures both locally and nationally. He has lectured at Tulane University School of Law, Louisiana State University School of Law, Harvard Law School, Loyola University School of Law and Georgetown Law School. Mr. Herman continues to be a guest lecturer at seminars and conventions sponsored by the Louisiana Bar Association, the Louisiana Association for Justice, the American Association of for Justice, Practicing Law Institute and National Business Institute. He is a contributing editor of the Expert Witness Reporter and Trial Diplomacy Journal.

Representative Cases of National Note

In Re: Chinese Drywall, MDL 2047 – Plaintiffs’ Liaison Counsel.

In Re: Vioxx – Lead Negotiator and Liaison Counsel for Plaintiffs in the Vioxx MDL 1657 Litigation where plaintiff’s were awarded a $4.85 billion settlement with Merck for injuries relating to use of the prescription medicine Vioxx.

In Re: Propulsid – Lead Negotiator and Liaison Counsel for Plaintiffs in the Propulsid MDL 1355 Litigation where plaintiff’s reached a settlement agreement with Johnson & Johnson and Jansen Pharmacutica for injuries relating to use of the prescription medicine Propulsid.

Hart v. Wood Scales – Eliminated independent contractor defense in timber industry

Austin v. Otis Elevator – Early application of continuing duty to warn in Louisiana products cases.

Mark Essex Day & Steagall v. Howard Johnson – Parents’ jury awards for death of major children; recovery against hotel and hotel franchise for inadequate security even where deaths resulted from activity of trained terrorist. Changed hotel industry security practices.

Continental Grain Explosion: Whitney v. Continental Grain Co. – Legal Committee, eight- figure recovery for explosion resulting in multiple deaths at grain elevator; alternative tort relief where workers’ compensation claimed as exclusive remedy.

Hockfelder v. Lloyds of London – Trial Committee Chair, first seven-figure recovery in Louisiana against engineers, consultants and contractors for damages to historic buildings as a result of breaches of standards.

In Re: Baby (Brown) – $1.8 million recovery for medical malpractice infant brain damage case.

Landry v. Union Pacific – $28 million recovery, quadriplegic from railroad crossing casualty.

Madere, Lacque v. Mopac – $3.5 million recovery in railroad train crossing death case on behalf of minor children.

Goodyear v. Williams – Louisiana Supreme Court affirmed, Jury awards owners of project counterclaim damages. Recognizing new national theory of recovery for professional negligence and contract liability against architect and engineers.

Lane v. Plimsoil Marine – Federal Court Judgment, expanded avenues of liability against towing vessels and barge owners in favor of longshoremen and other shore-based maritime employees.

Benson v. Louisiana Motor Vehicle Commission – Successful challenge of Governmental Regulatory Authority on constitutional grounds. Leading to the origination of a substantial automobile dealership and the subsequent negotiation and acquisition of 21 auto dealerships, three banks and an NFL franchise football team.

Young v. Yamaha – $1.58 million – ATV personal injury case, mild closed head injury.

First Federal Bank v. Buris – $37 million – banking, civil Rico, breach of sale and mortgage contract.

Burnham v. Schuler Drilling Co. – $8 million – personal injury for unsafe drilling practices.

Mote v. Diamond Drilling – $16 million recovery for personal injury for unsafe drilling practices.

Brodie v. PMIC – $47 million class action final judgment for exclusive agents versus insurer for wrongful termination.

Ieyoub, Attorney General, State of Louisiana v. American Tobacco Company – $4.5 billion recovered in medical benefits against major tobacco companies.

Ellis v. R.J. Reynolds Tobacco Company, representing the State of California, resulting in $25 billion recovery in tobacco litigation.

Scott v. American Tobacco Company, lead counsel on behalf of class of Louisiana smokers who were awarded a landmark jury verdict of more than $591,000,000.00.