Gary J. Toman
3344 Peachtree Road, NESuite 2400Atlanta, GA 30326
T: 404.832.9592F: 404.875.9433
Gary Toman has extensive experience representing corporations, banks and professionals in complex litigation and arbitration matters and business disputes. Gary has substantial experience defending corporations in a wide variety of class actions. His practice includes litigation involving business and financial transactions, product liability, business torts, contract matters including participation agreements, shareholder agreements, and non-competition agreements, and environmental, real estate and intellectual property matters. Gary has also handled cases and counseled clients in the healthcare field regarding antitrust issues, practice disputes, employment law matters and other disputes.
An experienced appellate advocate, Gary began his career as a law clerk to the Honorable R. Lanier Anderson, III of the United States Court of Appeals for the Fifth and Eleventh Circuits. He has briefed and argued cases in federal and state appellate courts across the country. Gary often serves as appellate counsel at trials to frame the record for possible appeal.
Harvard College, A.B., cum laude, 1978
Harvard Law School, J.D., cum laude, 1981
Bar & Court Admissions
- District of Columbia Bar
- State Bar of Georgia
- Supreme Court of the United States
- U.S. Court of Appeals, Fourth Circuit
- U.S. Court of Appeals, Fifth Circuit
- U.S. Court of Appeals, Eighth Circuit
- U.S. Court of Appeals, Eleventh Circuit
- U.S. Court of Appeals, District of Columbia Circuit
- U.S. District Court, Northern, Middle and Southern Districts of Georgia
- U.S District Court, District of Columbia
- Supreme Court of Georgia
- Georgia Court of Appeals
- District of Columbia Court of Appeals
Obtained $236 million verdict as co-trial counsel for plaintiffs in software patent infringement case.
Defeated class certification in national product liability class action. Ace Tree Surgery Inc. v. Terex South Dakota, Inc., 332 F.R.D. 402 (N.D. Ga. 2019)
Successfully defended and obtained summary judgment dismissing all claims asserted against a community bank who had acted as lead bank under a participation agreement.
Successfully prosecuted claims by community banks against lead bank for breach of participation agreement regarding defaulted development loan.
Successfully defended physician practice against claims asserted by employee physician, obtaining summary judgment that was upheld on appeal.
Successfully defended apartment complex owners and managers in premises liability / negligent security case. Client found 1% at fault in death of young man on apartment complex property.
Successfully defended property owner in action by agent claiming to be a proxy cause of a sale.
Successfully defended banks in litigation regarding failed development loans.
Drafted conservation easement documents.
Lead counsel in successful Georgia Supreme Court appeal creating important precedent regarding personal jurisdiction in equity cases. Skaliy v. Metts, 287 Ga. 777, 700 S.E.2d 357 (2010).
Participated in successful international arbitration to recover forfeited performance bond and attorneys’ fees for the arbitration.
Won substantial arbitration award for physician against former practice group for breach of contract and business torts.
Lead counsel in successful work-out of business dispute regarding transfer of ownership of portfolio of credit card accounts.
Successfully represented national environmental organization to enforce terms of conservation easement.
Successfully handled numerous fraud cases involving life insurance and other financial transactions.
Participated in the successful defense of a number of consumer class actions involving financing transactions, regulatory and other matters.
Awards & Recognitions
Best Lawyers®, Commercial Litigation, 2020-2022
Best Lawyers®, Appellate Practice, 2021-2022
Super Lawyers Magazine, Georgia Super Lawyers List, Business Litigation (2005-2008, 2010-2021)
Law360 National Legal Lion (January 2020)
Martindale-Hubbell®, AV Preeminent Rating 5.0/5.0, with "high ethical standing"
American Lawyer Media and Martindale Hubbell, Top Rated Lawyer Award – Litigation (2015)
Professional & Community Activities
Atlanta Bar Association, Litigation Section and Judicial Selection Committee, Past Member
Harvard Club of Georgia, Schools and Scholarships Committee and Alumni Interviewer
Lawyers Club of Atlanta
Rivershore Estates Homeowners Association, Past President
State Bar of Georgia, General Practice, Trial Section and Health Law Section
News & Publications
- Weinberg Wheeler Hudgins Gunn & Dial Partner Gary Toman Serves As Co-Trial Counsel In Securing $236 Million Patent Infringement Verdict For Densify
- Defendants Found 1% Liable in Premises Liability/Negligent Security Case
- Motion to Dismiss Granted in Favor of Premium Value-Added Packaging Company
- Female Duo Receives Defense Verdict in Trucking Accident
- WWHGD Secures Defense Verdict in Wrongful Death Claim