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Thomas R.  Himmelspach

  4518 Fulton Drive NW
  Canton, OH 44718

  330.492.8717 (Office)
  330.491.5284 (Direct)
  330.492.9625 (Office Fax)
  330.252.5504 (Direct Fax)
  thimmelspach@bdblaw.com

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Thomas R. Himmelspach
Partner
Health & Medicine

Practice Area And Professional Expertise

  • Joined the Firm as a Partner in 2003.

  • Extensive experience in insurance coverage disputes, railroad litigation, conflicts of law disputes, workers’ compensation subrogation, and state and federal appellate practice.

  • In the area of insurance law, litigated through the appellate courts cases on ERISA law, uninsured motorist coverage, property and casualty insurance, commercial general liability insurance, and surplus lines coverage.

  • Recognized as one of Ohio's Super Lawyers in 2010, as voted by his peers.

Publications
“Staying and Superseding Judgments: A National Compendium,” Ohio law chapter, American            Bar Association, Tort Trial and Insurance Practice Section (July 2007)
Chapter Author: Legal Considerations: “So You Want to be Sued for Malpractice,” in            Bouncebacks! Emergency Department Cases: ED Returns, Michael B. Weinstock, M.D.            & Ryan Longstreth, M.D. (2006)
“State Caps on Medical Malpractice Awards are Not Unconstitutional,” Martindale Hubbell’s            Counsel to Counsel (January 2006)
“A Broad Overview of EMTALA, The Federal “Patient Anti-Dumping Act,” Buckingham, Doolittle,            & Burroughs, LLP Health & Medicine Reporter; Martindale Hubbell, Counsel to Counsel            Health Care Alert (May 5, 2005)
“Limits on Expert Testimony under Daubert v. Merrell Dow Pharmaceuticals, Inc.,” National            Research Council, Transportation Research Board, 36th Annual Workshop on            Transportation Law (Chicago, Illinois, July 21, 1997)
“Commodity Futures Trading Commission v. Weintraub,” Case note, Vol. 19, No. 1, Akron Law            Review (Summer 1985)

Presentations
Has presented seminars on appellate law, uninsured motorist law, insurance defense under reservation of rights, and use of demonstrative evidence in railroad litigation.

Education
University of Akron School of Law (J.D., 1987)
Ohio University (B.G.S., 1976)

Courts & Bar Associations
Ohio Bar (1987)
U.S. District Court, Northern District of Ohio
U.S. District Court, Southern District of Ohio
U.S. Court of Appeals, Sixth Circuit
U.S. Supreme Court
Member: Stark County Bar Association
Member: Ohio State Bar Association
Member: American Bar Association (Sixth Circuit Editor, Tort and Insurance Practice Section:            Appellate Advocacy Committee Newsletter; Vice-Chair, Appellate Advocacy General            Committee)

Professional & Civic Affiliations
Board Member: Crown Point Ecology Center
Board Member: Moshi Diocese Seminary Foundation


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