David E. Kawala

Biography

David E. Kawala concentrates his practice in the defense of civil litigation. David’s experience has focused on a variety of personal injury litigation, including construction and transportation professional negligence litigation, general liability litigation, products liability and chemical exposure liability matters. David is a member of the American Bar Association and Defense Research Institute.

David’s trial experience includes over 30 trials in state and federal courts in Illinois and Indiana. He has also been admitted pro hac vice in the following states: Arizona, New York, New Jersey, Rhode Island, Indiana, Wisconsin, Iowa, Ohio, Missouri, Pennsylvania, Maryland, New Mexico, Texas, California, Washington, Georgia, Florida and South Carolina.

David has served as national counsel for numerous clients. His national counsel experience includes the representation of:

  • An Illinois-based international manufacturer of steel involved as co-national counsel in all tort/casualty litigation throughout the United States.
  • An Illinois based manufacturer of consumer products involved in product liability litigation throughout the United States.
  • A New Jersey-based flavor and fragrance corporation involved in chemical exposure/toxic tort litigation throughout the United States.
  • A Wisconsin-based manufacturer of construction equipment/vehicles involved in product liability litigation throughout the United States.
  • A Tennessee-based manufacturer/distributor of power transmission equipment involved in product liability/contract litigation throughout the United States.

In addition, his professional malpractice experience includes:

  • Successful representation of attorney and law firm wherein plaintiff alleged that the attorney provided improper legal advice regarding plaintiff's duty owed to a prior employer pursuant to non-compete clause after plaintiff left employment and immediately began his own company competing with the business of his prior employer. The case was tried in the Circuit Court of Cook County resulting in a "not guilty" verdict in favor of the defendant law firm and attorney. Lucey v. Pretzel & Stouffer
  • Successful representation of law firm and attorney wherein the attorney allegedly prepared a second irrevocable trust without obtaining judicial nullification of the original irrevocable trust. When one of the parties to the trust passed away, the existence of two irrevocable trusts gave rise to a probate dispute wherein the beneficiaries sued the attorney alleging malpractice in creation of the second irrevocable trust. A motion for summary judgment was granted in favor of the law firm and the attorney by the Circuit Court of Cook County. Upon appeal, the First District Appellate Court of Illinois affirmed judgment in favor of the law firm and attorney. Landis v. Pretzel & Stouffer
  • Successful representation of law firm wherein a former client sought damages from the firm due to an alleged conflict of interest by attorney serving as a co-trustee to a spousal trust created by the attorney for the benefit of a widow. A seven-day trial in the Circuit Court of Cook County, Illinois resulted in a "not guilty" verdict in favor of law firm. Sheck-Shulkin v. Gould & Ratner, LLP
  • Successful defense of an attorney wherein the plaintiff alleged the attorney provided inadequate representation to the plaintiff in a trial involving a property and zoning dispute in Lake County, Illinois. On the first day of trial, the lawsuit was settled for an amount well below the cost of defense. Racquet v. Grant
  • Successful defense of attorney and law firm where plaintiff alleged damages due to allegedly improper advice to a medical device manufacturer regarding the interpretation of FDA regulations permitting the export of medical devices; the device manufacturer had been represented by the attorney in the negotiations of a consent decree with the FDA. A six week trial ended in a hung jury. The case was later resolved by a motion for summary judgment in favor of the defendant attorney and law firm. IPI v. Johnson & Bell
  • Successful defense of attorney and law firm in a legal malpractice claim arising out of the trial of an undue influence case alleging attorney negligently presented the defense in the underlying action. Motion for summary judgment was granted in the Circuit Court of DuPage County. The Second District Illinois Appellate Court affirmed the trial court's order granting summary judgment and awarded over $90,000 in attorney's fees to the attorney upon his counterclaim. Luedi v. Schillerstrom
  • Successful defense of attorney and law firm in Grundy County, Illinois where plaintiff alleged the attorney breached his duty to Mr. Brown by conspiring to defraud Mr. Brown of his investment in a waste disposal business venture. Summary judgment granted in favor of law firm and attorney. The Second District Appellate Court affirmed. Brown v. McFarland

Practices

Product Liability
Construction
Toxic Tort Litigation
Professional Liability
General Trial Practice

Memberships & Affiliations

  • Chicago Bar Association
  • Illinois State Bar Association
  • American Bar Association
  • Defense Research Institute

Awards

  • Selected for inclusion in Illinois Super Lawyers in 2008-present
  • Selected for inclusion in American Board of Trial Advocates (ABOTA) in 2014

News

Chicago, Libertyville, St. Louis, January 28, 2019
Illinois Super Lawyers Recognizes 29 Swanson, Martin & Bell, LLP Attorneys
Swanson, Martin & Bell, LLP is proud to have 14 Super Lawyers and 15 Rising Stars in 2019.

Chicago, January 16, 2019
Swanson, Martin & Bell, LLP Attorneys Named Leading Lawyers, Emerging Lawyers for 2019
Those designated Leading Lawyers were recommend by their peers to be among the top lawyers in Illinois.

Chicago, June 1, 2018
Rogers Appointed Illinois Representative for ABOTA National Board
ABOTA is a national association of experienced trial lawyers and judges dedicated to the preservation and promotion of the civil jury trial right provided by the Seventh Amendment to the Constitution.

Chicago, Libertyville, Madison County, January 26, 2018
Illinois Super Lawyers Recognizes 35 Swanson, Martin & Bell, LLP Attorneys
Swanson, Martin & Bell, LLP is proud to have 20 Super Lawyers and 14 Rising Stars among its attorneys.

Chicago, Lisle, Libertyville, Madison County, January 23, 2018
Swanson, Martin & Bell, LLP Attorneys Named Leading Lawyers, Emerging Lawyers for 2018
Those designated Leading Lawyers were recommend by their peers to be among the top lawyers in Illinois.

Chicago, January 16, 2017
Illinois Super Lawyers Recognizes 38 Swanson, Martin & Bell, LLP Attorneys
Swanson, Martin & Bell, LLP announces that 38 of its attorneys have been selected for inclusion in the 2017 Illinois Super Lawyers and Rising Stars lists.

Chicago, June 1, 2016
Kocour Elected to Membership in American Board of Trial Advocates
Kocour joins several other Swanson, Martin & Bell, LLP who are also ABOTA members.

Chicago, May 5, 2016
Swanson, Martin & Bell, LLP Attorneys Named to Leading Lawyers, Emerging Lawyers List
Thirty-six Swanson, Martin & Bell, LLP attorneys were named Leading Lawyers or Emerging Lawyers.

Chicago, March 14, 2016
Kawala Addresses Vapor Industry Association on Diacetyl Litigation
Kawala spoke on the history of diacetyl litigation and the effects it could have on vapor businesses

Chicago, January 13, 2016
Illinois Super Lawyers Recognizes 39 Swanson, Martin & Bell, LLP Attorneys
Swanson, Martin & Bell, LLP announces that 39 of its attorneys have been selected for inclusion in the 2015 Illinois Super Lawyers and Rising Stars lists.

Chicago, January 12, 2015
Illinois Super Lawyers Recognizes 39 Swanson, Martin & Bell, LLP Attorneys
Swanson, Martin & Bell, LLP announces that 39 of its attorneys have been selected for inclusion in the 2015 Illinois Super Lawyers and Rising Stars lists.

Chicago, October 17, 2014
Wills Inducted Into American Board of Trial Advocates
Wills joins several other Swanson, Martin & Bell, LLP who are also ABOTA members.

Chicago, January 13, 2014
Illinois Super Lawyers Recognizes 39 Swanson, Martin & Bell, LLP Attorneys
Swanson, Martin & Bell, LLP announces that 39 of its attorneys have been selected for inclusion in the 2014 Illinois Super Lawyers and Rising Stars lists.

Chicago, January 3, 2013
Illinois Super Lawyers Recognizes 39 Swanson, Martin & Bell, LLP Attorneys
Swanson, Martin & Bell, LLP announces that 39 of its attorneys have been selected for inclusion in the 2013 Illinois Super Lawyers and Rising Stars lists.

Chicago, January 3, 2012
Illinois Super Lawyers Recognizes 34 Swanson, Martin & Bell, LLP Attorneys
Swanson, Martin & Bell, LLP announces that 23 of its attorneys were recognized as Illinois Super Lawyers, while 11 others were recognized as Rising Stars.

Chicago, Lisle, Libertyville, January 19, 2011
Thirty Swanson, Martin & Bell Attorneys Selected for 2011 Illinois Super Lawyers and Rising Stars
Swanson, Martin & Bell, LLP is pleased to announce that 21 of its attorneys have been selected for inclusion in the 2011 Illinois Super Lawyers list.

Chicago, Lisle, Libertyville, April 9, 2010
Twenty-Five Swanson, Martin & Bell Attorneys Selected for Inclusion in 2010 Illinois Super Lawyers and Rising Stars
Swanson, Martin & Bell, LLP announces that 17 of its partners have been selected for inclusion in the 2010 Illinois Super Lawyers list.

Chicago, Lisle, Libertyville, January 1, 2009
Twenty-One Swanson, Martin & Bell, LLP Attorneys Named to the 2009 Leading Lawyers Network in Illinois
Swanson, Martin & Bell, LLP announces that 21 of its partners have been named to the 2009 Leading Lawyers Network, a division of Law Bulletin Publishing Company.

Chicago, Lisle, Libertyville, January 1, 2008
Twenty-One Swanson, Martin & Bell, LLP Attorneys Named to the 2008 Leading Lawyers Network in Illinois
Swanson, Martin & Bell, LLP announces that 21 of its partners have been named to the 2008 Leading Lawyers Network, a division of Law Bulletin Publishing Company.

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