Herman D. Hofman

Litigation Attorney

Herman is a trial and appellate attorney on Varnum’s Litigation and Alternative Dispute Resolution team. He represents clients in complex disputes across the healthcare, construction, consumer protection, and constitutional law spaces, both in Michigan and nationally. His practice includes negotiating multimillion-dollar settlements for plaintiffs and achieving favorable resolutions and dismissals for clients on the defense side.

Herman’s litigation work includes representing companies and welfare benefit plans nationwide in ERISA hidden fee, claims overpayment, and plan mismanagement litigation and appeals. Federal judges have commended him for his “clear and cogent briefings” on complex ERISA legal issues and for “demonstrat[ing] efficiency, diligence, and competence” in prosecuting claims on behalf of plan sponsors and plans.

His work in this area has led to national recognition as a trusted expert in ERISA hidden fee, claims overpayment, and plan mismanagement litigation, and he regularly presents at national conferences to corporate executives, benefits managers, and consultants of Fortune 500 companies on those topics. Most recently, Herman won a precedent-setting case in the United States Court of Appeals for the Sixth Circuit against Blue Cross Blue Shield of Michigan, establishing that its “Shared Savings Program” violated federal law. This case was featured in The American Lawyer’s “Litigator of the Week” column as a highlighted example of “impactful judiciary rulings,” as well as one of the “5 ERISA Decisions Attorneys Should Know” for 2025 in Law360.

Herman also counsels commercial and residential contractors and owners in construction matters, advising them in transactional contexts as well as representing them in litigation. He has represented several owners in prosecuting novel claims against contractors for illegal kickback payments, defective workmanship, and hidden fees, and has also obtained summary dismissals and favorable settlements for contractors facing overcharge and defect claims.

Over the last several years, Herman has assisted several municipalities, police officers, government officials, and businesses in constitutional litigation. He has obtained summary dismissals and judgments for clients defending against constitutional claims, while also securing favorable judgments and settlements for plaintiffs prosecuting constitutional claims ranging from free speech, excessive force, and failure-to-protect, to equal protection, takings, and due process.

Experience

Represented Michigan boat manufacturer, Tiara Yachts, against the state’s largest health insurance company, Blue Cross Blue Shield of Michigan, achieving a unanimous ruling from the Sixth Circuit Court of Appeals establishing that BCBSM’s “Shared Savings Program” violates ERISA.

Achieved multiple appellate wins for nonprofit social services agency on state constitutional claims in the Michigan Supreme Court in In re Baby Boy Doe, 509 Mich 1056; 975 N.W.2d 486 (2022), and In re Doe, 344 Mich App 82; 998 NW3d 733 (2022), reversing the prior court’s decision in favor of the adverse party.

Obtained a unanimous victory for the Saginaw Chippewa Indian Tribe in Saginaw Chippewa Indian Tribe of Michigan v. Blue Cross Blue Shield of Michigan, 32 F.4th 548 (6th Cir. 2022), reversing the district court’s prior summary judgment grant to Blue Cross Blue Shield of Michigan and resurrecting ERISA and state tort claims for millions of dollars in damages.

Achieved multiple appellate victories for a public university in the United States Supreme Court and the Sixth Circuit Court of Appeals in Reilly v. Ottawa Cnty., 211 L. Ed. 2d 607, 142 S. Ct. 900 (2022), and Reilly v. Ottawa Cnty., et al., Case No. 20-2220, 2021 WL 3929324 (6th Cir. Sept. 2, 2021), affirming prior summary dismissal of federal constitutional and state tort claims.

Obtained a 3-0 victory for a municipality in the Sixth Circuit Court of Appeals in Reilly v. Ottawa County, Michigan, et al., Case No. 20-2220, (6th Cir. Sept. 2, 2021), affirming prior summary dismissal of federal constitutional and state tort claims.

Obtained a unanimous victory for a hip-hop artist in the Michigan Court of Appeals in Walker v. Maxwell, No. 345699, 2020 WL 815081 (Mich. Ct. App. Feb. 18, 2020), reversing a circuit court’s grant of judgment in the plaintiff’s favor.

Obtained a 3-0 victory for NRA Group in the Seventh Circuit Court of Appeals in Bernal v. NRA Group, LLC, 930 F.3d 891 (7th Cir. 2019), affirming a judgment after trial against a class action and creating a circuit split on the issue of whether a collection letter permitting recovery of “any costs” authorizes the assessment of a fixed-percentage collection fee contingent on recovery of the subject debt.

Obtained a 3-0 victory for a municipality in the Sixth Circuit Court of Appeals in Rayfield v. City of Grand Rapids, et al., 768 F. App’x 495 (6th Cir. 2019), affirming the prior summary dismissal of constitutional law claims.

Regularly litigates constitutional law matters for municipalities, police officers, government officials, businesses, and individuals, routinely obtaining summary dismissals for defense clients and favorable settlements for plaintiffs (dozens of matters).

Successfully represented several owners in prosecuting novel construction claims against contractors for illegal kickback payments, defective workmanship, and hidden fees.

Obtained multiple summary dismissals and favorable settlements for contractors and suppliers in prosecuting and defending against overcharge and defective workmanship suits.

Defended several clients in class and individual actions against TCPA and FDCPA claims, securing summary dismissals of class actions and individual claims.

Honors and Recognitions

Best Lawyers in America^®, Ones to Watch, Commercial Litigation, since 2021; Appellate Practice, since 2024

National Religious Liberty Writing Competition, first place

Billings, Exum & Frye National Moot Court Competition, quarterfinalist

Andrews Kurth Moot Court National Championship, quarterfinalist

Eve August Moot Court Scholarship Award

Professional Affiliations

Federal Bar Association of the Western District of Michigan, Executive Board Member

State Bar of Michigan

Community Involvement

Netherlands Reformed Congregations of North America, Legal Advisory Committee

First Netherlands Reformed Congregation, Board Member

Plymouth Christian School, Legal Advisory Committee

Presentations

“Navigating the New Fiduciary Landscape – Essential Updates for Self-Funded Employers,” Midwest Tribal Benefits Summit, April 2025

Panelist, “Fiduciary duties under ERISA and Ongoing Lawsuits,” Self-Insurance Institute of America, February 2025