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
• Named to The BTI Consulting Group’s 2023 Client Service All-Stars List

News

June 15, 2023
Kawala Named 2023 BTI Client Service All-Star MVP
Swanson, Martin & Bell, LLP partner David E. Kawala has been named to The BTI Consulting Group's 2023 Client Service All-Stars.

Chicago, Lisle, Libertyville, Madison County, January 11, 2021
Swanson, Martin & Bell, LLP Attorneys Named Leading Lawyers, Emerging Lawyers for 2021
Those designated Leading Lawyers were recommended by their peers to be among the top lawyers in Illinois.

Chicago, Lisle, Libertyville, Madison County, February 3, 2020
Swanson, Martin & Bell, LLP Attorneys Named Leading Lawyers, Emerging Lawyers for 2020
Those designated Leading Lawyers were recommended by their peers to be among the top lawyers in Illinois.

Chicago, St. Louis, Madison County, March 28, 2019
Kawala, O'Sullivan Named BTI Client Service All-Stars
Kawala and O'Sullivan were two of 335 individual attorneys from 153 law firms nominated to the BTI Client Service All-Stars 2019.

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.