David A. Roth

David A. Roth is one of the founding partners of Roth & Roth, a firm dedicated to protecting the rights of individuals when they are injured by others. Since 1991, Mr. Roth has been representing plaintiffs who have been severely injured, had their civil rights violated, or had their duly earned wages and benefits wrongfully withheld. He has represented thousands of plaintiffs in actions against municipalities, corporations, and insurance companies. He has prosecuted and tried numerous civil cases in the courts in and around the City of New York at state, appellate and federal venues. He is also a partner in Hepworth, Gershbaum & Roth, representing employees both in class and collective actions against Fortune 500 companies. 

As a respected trial attorney, he is constantly sought out as co-counsel and trial counsel by fellow attorneys both in and out of the State of New York. David Roth was admitted to practice in front of the Supreme Court of the United States in March of 2019. Additionally, Mr. Roth has been admitted to practice pro hac vice in numerous states including, but not limited to California, Delaware, Florida, Illinois, Indiana, Massachusetts, Minnesota, New Jersey, North Carolina, Oklahoma, Pennsylvania, Texas, and Virginia to try cases in those venues.

David Roth graduated from the State University of Buffalo in 1988 and received his law degree from Albany Law School in 1991. He is a member of the New York State Trial Lawyers Association as well as the American Association for Justice. David. Roth has been an officer in the New York State Trial Lawyers Association (NYSTLA) for more than 15 years, holding every position other than President, from Parliamentarian to First Vice President. His last position was as Treasurer, with his term ending in 2023. NYSTLA is the largest state plaintiff’s trial bar in the country fighting for plaintiffs’ rights. David Roth has been an active Dean of the New York State Trial Lawyers Institute (NYSTLI), the Continuing Legal Education arm of NYSTLA. He also serves on the Board of Directors for the New York State Trial Lawyers Association, where he is active in setting policy and lobbying for victims’ rights.

David Roth has been involved in continuing legal education (CLE) since 2010. He is a featured lecturer and the chair of numerous CLEs, such as the Subway Series, Municipal Liability the Plaintiff’s Arsenal, SPOILS of FOIL (Freedom of Information Law), and Finding Hidden Theories of Liability in Auto Cases. In addition to chairing programs, he has lectured in other CLEs such as Decision, Trial Tactics, and General Litigation for the Queens Bar Association, and Technology in the Courtroom and Municipal Transit Liability for the New Jersey Association for Justice. Roth has also lectured for the Southern District of New York Bar Association on FOIL topics and in the Evidence to Win seminar, and for the American Association of Justice at their national convention on the topic of municipal liability for transportation systems in Baltimore.

David Roth has been published several times in the New York State Trial Lawyers’ publication, the Bill of Particulars. The topics of his published articles involve municipal liability, taking corporate depositions, complicated products issues regarding bus interlocks, and issues concerning “independent medical examinations” of traumatic brain injury cases.

David Roth was selected by his peers as a Super Lawyer for many years. He is the chair of the New York State Trial Lawyers’ Municipal Liability Committee, Website Committee, and is a member of various other committees. In association with his committee chairs, David Roth is acting in lobbying efforts as well as drafting and reviewing new legislation for New York wage and hour law. He has also authored Amicus Briefs to the Court of Appeals on civil rights issues. David Roth was the 2019 New York State Trial Lawyers nominee for the American Bar Association’s Civil Rights Thurgood Marshall Award, won that year by Hon. Congressman John Lewis.

David Roth also was recognized by the American Association for Justice for organizing trial lawyers to help the victims of Hurricane Sandy and regularly donates his time and money to different causes for people in need of help. During COVID, he ran the NYSTLA website for information provided by the Courts to disseminate to the Plaintiffs’ bar. Currently, he focuses on catastrophically injured people caused by incidents related to defective design and operation of mass transit systems including subway and commuter rail, as well as municipal liability of every type. Lawyers continuously reach out to David Roth for help regarding complicated legal issues, FOIL issues and often to assist in the prosecution of subway cases, train cases, and municipal design cases.  

Education

• Albany Law School, Juris Doctor, 1992
• University of Buffalo, Bachelor of Arts, 1988

Activities & Affiliations

• New York State Trial Lawyers Association
• American Association for Justice

Bar Admissions

• New York State Court
• Supreme Court of the United States
• Eastern District of New York
• Southern District of New York
• Northern District of New York
• Western District of New York