David G. Hymer

David G. Hymer

Partner

Expertise

  • Litigation
  • Complex Business Litigation
  • Construction

WSG Practice Industries

Activity

Bradley Arant Boult Cummings LLP
Alabama, U.S.A.

Profile

David Hymer is a trial lawyer who has extensive experience trying high-stakes lawsuits for a variety of corporate and individual clients. David’s practice focuses on complex business and commercial litigation, which includes a significant plaintiff’s practice on behalf of corporate clients, as well as a more traditional corporate defense practice. In addition to his trial work involving business and commercial disputes, he has tried or arbitrated to conclusion environmental, product liability, antitrust, construction, professional liability, intellectual property, corporate fiduciary, and class action disputes. A number of his trials and arbitrations have involved multimillion-dollar claims.

David was lead counsel for a national healthcare company in a trial resulting in a $2.8 billion judgment in favor of the company against its former CEO for damages suffered as a result of fraudulent financial reporting. Benchmark Litigation recognized this lawsuit as the Alabama “Case of the Year.” Other notable trials include his successful defense of a chemical manufacturer against personal injury claims allegedly caused by environmental exposure to PCBs; his successful appeal following trial of an apparel manufacturer against property damage claims allegedly caused by the discharge of dye wastewater into a stream; and his successful defense of a large gasoline jobber against antitrust claims for price-fixing. David also obtained a defense verdict in favor of a contractor against a $75 million claim for defective work arising out of the construction of a nuclear power plant in the state of Washington. The National Law Journal  recognized that result in its annual listing of the nation’s top defense verdicts.

David currently serves as one of CVS Health’s national lead discovery counsel in connection with the opioid litigation that is ongoing throughout the country. 

Since 2007, The Best Lawyers in America® has recognized David in the areas of Bet the Company and Commercial Litigation. He is ranked by Chambers USA in the field of Commercial Litigation, listed in Mid-South Super Lawyers in the field of Business Litigation, and has been recognized by Benchmark Litigation's Guide to America's Leading Litigation Firms and Attorneys as a Litigation Star in Alabama. LMG Life Sciences also recognized David as a Life Sciences Star. He is an Associate Fellow of the American Board of Trial Advocates and a Fellow of the Litigation Counsel of America.

David received his B.S. in Finance and his J.D. from the University of Alabama, where he was elected to Order of the Coif. He has served as a member and past chair of the Alabama State Bar Board of Bar Examiners since 2001. He was twice awarded the Alabama State Bar President’s Award for meritorious service to the legal profession. He also received the Alabama State Bar Award of Merit for outstanding and constructive service to the legal profession, which is the highest honor given by the Alabama State Bar to a lawyer. David has served on Bradley’s governing board and as the leader of the firm's Business Litigation Practice Group.

In addition, David frequently lectures on legal ethics, trial presentation, and persuasion.

Bar Admissions

  • Alabama, 1985

Court Admissions
  • Supreme Court of the United States
  • United States Court of Appeals, 4th Circuit
  • United States Court of Appeals, 6th Circuit
  • United States Court of Appeals, 9th Circuit
  • United States Court of Appeals, 11th Circuit
  • United States District Court, Northern District of Alabama
  • United States District Court, Middle District of Alabama
  • United States District Court, Southern District of Alabama

Education

  • University of Alabama School of Law, J.D., 1985, Law Review; Order of the Coif; Omicron Delta Kappa; Dean M. Leigh Harrison Scholar
  • University of Alabama, B.S., 1982, Jasons Senior Honor Society
Areas of Practice

Complex Business Litigation | Construction | Litigation | Product Liability

Professional Career

Significant Accomplishments

David has obtained favorable jury verdicts for clients in numerous multi-million dollar lawsuits, including matters involving commercial, environmental, antitrust, and product liability claims.  As lead counsel for HealthSouth, he obtained one of the largest verdicts in Alabama history against the company's former CEO for breach of fiduciary duty arising out of a massive accounting fraud scandal.
Blogs

BuildSmart
Bradley Arant Boult Cummings LLP 

Significant issues can arise during the three phases of the design and construction process. Effective planning, performance and completion are critical to the success of any construction project. So is informed counsel that addresses a variety of business issues, including mergers and...

Declassified
Bradley Arant Boult Cummings LLP 

The Declassified blog offers commentary and insights on the latest class action suits, significant class action opinions, relevant changes to laws and rules, and important class action trends. Declassified covers topics ranging from significant Supreme Court and appellate court decisions regarding...

Patent 213
Bradley Arant Boult Cummings LLP 

Patent law, like most things in life, is subject to change. Changes to patent laws not only impact investment in your existing IP, but directly shape strategies to protect your freedom to operate. The Patent 213 blog provides up-to-date, insightful analysis of the evolution in the written...

Tennessee Appellate Review
Bradley Arant Boult Cummings LLP 

A successful appeal depends on counsel’s substantive understanding of appellate rules, procedures, and strategies. The Tennessee Appellate Review blog is a resource for commentary and insights on the latest state and federal appellate news. Join the conversation as we analyze decisions from the...

The Law of Order
Bradley Arant Boult Cummings LLP 

Bradley’s The Law of Order blog serves as a general parliamentary procedure resource, providing information about creation and revision of governing documents (constitutions, bylaws, or rules), application of Robert’s Rules of Order and other procedural authorities in a variety of contexts (such as...