Adam C. Herman

Adam concentrates his practice in the areas of construction defect litigation, professional liability and property and casualty claims. He frequently serves as defense counsel for a number of contractors and subcontractors in construction defect claims and defense of attorneys in legal malpractice claims. Adam also defends class action lawsuits in areas of employment law and bankruptcy law and has experience defending individuals and entities in claims involving Florida’s Consumer Credit Practices Act and its counterpart, the Fair Debt Collection Practices Act, including a number of published Decisions in the United States District Court for the Middle District of Florida. He has represented numerous corporations in breach of contract, breach of the good faith and fair dealing, as well as violation of Florida’s Unfair and Deceptive Trade Practices Act. Adam has also successfully tried many cases to verdict and has also argued before State and Federal Appellate Courts.

In 1991, Adam graduated from the University of Miami where he received a Bachelor of Arts Degree is Psychology. In 1998, he earned his juris doctor at Nova Southeastern University School of law, where he graduated cum laude. During his studies, Adam received academic awards in constitutional law, admiralty and corporations. He was selected by the Phi Delta Phi National Honor Fraternity based on his academic achievements.

Adam is admitted to the Florida Bar and is a member of the Trial Lawyers Section, and is also a member of the American Bar Association. He is also admitted to the United States District Court for the Southern District of Florida and Middle District of Florida, and the United States Court of Appeals for the 11th Circuit.

Honors & awards

AV Preeminent by Martindale-Hubbell

Year joined

2003

Results

Advice to Use Credit Cards to Pay For Legal Fees Did Not Violate BAPCPA

February 17, 2017

Obtained a dismissal, with prejudice, of a legal malpractice claim where the plaintiff alleged the law firm violated the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA). The plaintiff brought a one-count complaint in the U.S.

Defense Cracks Construction Defect Case

Architectural, Engineering and Construction Defect Litigation
December 6, 2016

We successfully obtained summary judgment and final judgment in a construction defect matter. A condominium association brought multiple claims against a general contractor and developer. In turn, the contractor brought third-party claims against our client, the foundation subcontractor, for common law indemnity, contribution, contractual indemnity and breach of contract. The court ruled there was no special relationship between a subcontractor and a general contractor and, therefore, no common law indemnity.

Successful Defense of Bank Against Fraud Claims

Consumer Financial Services Litigation & Compliance
June 8, 2015

Obtained a dismissal with prejudice on behalf of a bank in a Florida trial court for lack of personal jurisdiction, and also obtained a per curiam affirmance by the Fifth District Court of Appeals. The plaintiff, a Florida corporation, alleged counts for theft, civil conspiracy and fraud against our client. The plaintiff alleged the bank and an officer were part of a conspiracy to transfer unit owners' deposit money in one development to another development in order to allow another bank to make a $30 million loan.

Thought Leadership

Substituted Service: The Lazy Plaintiff

Orlando
Professional Liability
June 1, 2018
Defense Digest, Vol. 24, No. 2, June 2018By Adam C. Herman, Esq.*Key Points: Defense Digest, Vol. 24, No. 2, June 2018. Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers.