Our Expertise

General Casualty

Our Casualty and General Liability attorneys represent clients in a wide array of matters ranging from wrongful death and catastrophic injuries to minor injury and/or property damage claims. We are frequently hired to defend cases involving multiple plaintiffs and/or multiple deaths. We are skilled in handling casualty matters from the pre-suit investigation stage through trial and appeal.
Our attorneys serve as panel counsel for many insurance carriers representing individuals and businesses, including manufacturers, distributors, and all types of service providers. We are frequently hired to act as monitoring counsel advising defense counsel and insurers on strategy and collaborative resolution. In both roles, we approach matters by partnering with the carrier and the insured to reach resolution.

REPRESENTATIVE EXPERIENCE

• Obtained voluntary dismissal of a property owner and general contractor from a construction site injury where the Plaintiff alleged over $400,000 in damages based on our summary judgment motions.
• Favorably resolved a multi-million dollar default judgment against a property owner facing a premises liability lawsuit.
• Successfully represented regional grocery store in jury trial against claimant’s allegation of premises liability.
• Obtained a no-evidence summary judgment for a non-subscriber client on the claimant’s allegation of unreasonably dangerous condition on premises.

Construction Law

Our Construction practice group has extensive experience with clients in every aspect of the industry. We understand the complexity of issues associated with building design and construction. The Hermes Law, P.C. Construction attorneys handle transactional and litigation needs during all design and construction phases, and litigate everything from property damage caused by defective design or construction to injuries on the job site to contract payment disputes. We represent owners, developers, contractors, subcontractors, suppliers, distributors, manufacturers, architects, engineers and sub-consultants. Hermes Law also provides Risk Management consulting services to clients of all trades to help them prepare for future lawsuits and issues that arise on the construction site. Finally, we also provide transactional services regarding contract negotiation and review, payment disputes, and perfecting, removing and foreclosing on liens.

Hermes Law’s full range of litigation services includes defense and prosecution of breach of contract, negligence, breach of express and implied warranty, DTPA, or fraud claims involving property damage, death or personal injury, nonpayment, and defective design/construction in state and federal courts; mediations; arbitrations; and, pre-suit investigations and recommendations concerning potentially liable parties.

Hermes Law’s full range of transactional services includes filing/defending against lien and bond claims; bidding and bid protests; construction administration support such as assistance in terminating defaulting parties, interim payment/back charge disputes, closing out projects; contract drafting, review, and negotiations; negotiating pre-suit settlements for disputes arising out of major construction-related incidents such as structural failures, bankruptcy, catastrophic loss of the project due to fire/Acts of God, and differing conditions; preparation of claims for wrongful terminations; and claims for delay/acceleration, differing conditions, loss of overhead, and unpaid change requests.

REPRESENTATIVE EXPERIENCE

• Obtained a verdict on all causes of action reached by the jury by defending a land developer against claims over $5 million for alleged improper development of land.
• Defended a steel manufacturer and installer against claims totaling over $43 Million regarding damages suffered during a hurricane. We obtained a successful dismissal based on our summary judgment motion.
• Obtained early, voluntary dismissal of claims against a fire sprinkler subcontractor in a construction defect matter based on our summary judgment motion regarding damages related to a water leak at a condominium.
• Obtained voluntary dismissal of claims against a fire sprinkler subcontractor in a construction defect matter based on our summary judgment motion regarding damages related to a water leak at an apartment complex.
• Obtained voluntary dismissal of a property owner and general contractor from a construction site injury where the Plaintiff alleged over $400,000 in damages based on our summary judgment motions.
• Negotiated remediation to an apartment complex for water penetration on behalf of general contractor’s (client) alleged construction defects in constructing the balconies and limited claimant’s damages against the client to below cost of repair.
• Negotiated remediation to a bank headquarters for water penetration on behalf of exterior component manufacturer’s (client) alleged manufacturing defects in producing the balcony railing and limited claimant’s damages against the client to below cost of repair.

Professional Liability

Legal Malpractice

The Lawyer Liability Practice Group at Hermes Law has decades of experience representing and advising lawyers on a myriad of ethical and malpractice issues that lawyers are increasingly facing in today’s society. Our services range from advising our attorney‐clients in pre‐claim situations to help minimize risk and exposure before a lawsuit is filed to defending the attorneys and their firms when faced with a full blown lawsuit alleging legal malpractice. We understand the complexities of defending malpractice claims arising out of litigation and bring creative ideas to the defense of the allegations. We recognize and appreciate the impact a legal malpractice action may have on an attorney’s license and reputation and have the experience to defend the attorney through trial and appeal. Our services do not stop at defending civil suits against attorneys but extend to representing attorneys in administrative grievance actions.

REPRESENTATIVE EXPERIENCE

• Successfully defended law firm and partners in legal malpractice matter in which the plaintiff alleged that the law firm failed to file a response to a Motion to Reconsider a Rendition on the division of marital assets, which allegedly led to the Court’s entry of a Revised Rendition, which lowered the value of the plaintiff’s award of marital assets.
• Successfully defended partner and law firm in three simultaneous lawsuits alleging negligence and breach of fiduciary duty arising from several land development transactions, and obtained dismissals with prejudice in all three lawsuits.
• Successfully resolved legal malpractice lawsuit against plaintiff attorney arising from underlying construction defect lawsuit after advocating before the court for reverse bifurcation of the proceedings.
• Obtained dismissal on jurisdictional grounds of Florida attorneys and law firm from legal malpractice suit filed in Texas arising from attorney’s defense of lawsuit in Florida concerning financing for condominium project.
• Represented attorneys in a very public legal malpractice lawsuit stemming from foreclosure of home by HOA where homeowner was on active duty in Iraq.
• Counseled, advised and represented law firm in claim against firm alleging overlooked liens in foreclosure and subsequent purchase out of foreclosure. Obtained a release of firm conditioned upon a successful rescission and re-foreclosure of property with consideration being the legal fees for the rescission.
• Resolved lawsuit against plaintiff attorney alleging untimely filing of lawsuit for client.
• Represented attorneys and law firm in legal malpractice and breach of fiduciary duty action filed in probate court and brought by legal representatives of client (incompetent) alleging mishandling of personal injury lawsuit and misappropriation of settlement proceeds.
• Represented and advised plaintiff’s attorney in legal malpractice lawsuit alleging lawyer provided inadequate advice on the value of claims during settlement of claimant’s personal injury lawsuit. After presenting evidence to the claimant’s attorney that refuted the claimant’s story, the lawsuit was dismissed.
• Represented a closing attorney in a malpractice suit alleging the attorney did not properly disclose liens during the closing of the homeowners’ condominiums. The matter was resolved once we provided evidence the liens were properly “insured around.”

Architecture & Engineering

A&E Professional Liability is a significant part of our practice. Our attorneys have worked on hundreds of design professional malpractice claims defending architects, engineers, surveyors, landscape designers, irrigation engineers, and numerous other design professionals. We have successfully counseled and defended these design professionals whether in the context of responding to administrative grievances, or investigating and resolving claims in pre-suit, or litigating claims through trial. Our representation has ranged from the large-loss, complex design claims to the small, but equally important to the professional, design dispute. Regardless of the size of the claim or the nature of the damages or injuries, the claims against our design professional clients have no boundaries and have ranged from residential projects to commercial projects to public works projects. They have even included a Lockheed L-1011 widebody jet. As a result, Hermes Law’s professional liability attorneys bring an incredibly wide-range of invaluable experience to the table in representing each of their design professional clients.

Misc. Professional Liability

Any business that requires specialized training or education is subject to professional liability lawsuits. Claims of malpractice are now faced by accountants, insurance agents, business consultants, real estate agents, management companies, financial service companies, travel agents, event planners and technology consultants to name just a few.

An issue that a professional may confront at some point in his/her career is an error & omission claim. When a professional provides a service, there is an underlying risk that a client could allege that the professional did not perform under a contract, or the services rendered did not conform to the standard of care expected in the field. Alternatively, a professional may be responsible for an employee that performs a task outside of their scope of ability or authorization, which, potentially, could financially or reputably harm a client. Our attorneys understand the demands of running a professional business and have the experience to help you through the multitude of E&O claims facing your profession.

REPRESENTATIVE EXPERIENCE

• Successfully represented aviation design consulting firm in dispute over interior redesign and rehabilitation of Lockheed L-1011 jumbo jet owned by Saudi sheik where obtained summary judgment enforcing limitation of liability clause to cap damages at $25,000 on claim for $10 million.
• Obtained summary judgment for managing general agent in matter where plaintiff was seeking class action certification on surplus lines policies sold to Texas residents.
• Represented parent company for local insurance agent in claims of fraud and embezzlement of insurance premiums by local agent.
• Represented construction management company over collapse of 1 million square foot warehouse during storms resulting in $36 million in damages to inventory.
• Represented logistics consultant in claims of data breach and data loss arising from closing of facilities and movement of data for storage.
• Advised and counseled real estate brokerage firm in claim between seller and buyer where buyer alleged the seller misrepresented the condition of the property and disputes over enforceability of sale arose.
• Successfully resolved claims against health insurance agent concerning the type of coverages under health insurance policies sold to claimant.
• Represented construction management company in allegations concerning chemical exposure to individual working within building during renovation project.
• Represented media and communication consultant over alleged deficiencies in Chicago hospital’s communication and media delivery systems.
• Represented accountant in allegations of improper advice on filing returns related to foreign investments and foreign income.
• Defended claims of underwriting errors by managing general agent on coverages for commercial liability policy.

 Product Liability

If you are a manufacturer or distributor of any type of product, you need a law firm that understands how to protect your business. A product liability claim can be filed against anyone involved in manufacturing or distributing a product that causes harm.

The Texas legislature has passed strong statutory provisions governing product liability litigation in Texas, providing statutory indemnity obligations, and providing protections for various parties involved in a particular case. These cases often raise complicated indemnity and cross indemnity claims as well as jurisdictional issues for our foreign manufacturer and distributor clients.

At Hermes Law P.C., the Products Liability practice group represents manufacturers and distributors of a wide range of products, including industrial and agricultural equipment, children’s products, chemicals, tires, and consumer products. Many of our clients lead the market for their particular product. For clients with products that are the subject of frequent litigation, we serve as national counsel in order to ensure consistency in how the cases are handled.

REPRESENTATIVE EXPERIENCE

• Extensive experience defending both U.S. based and international product manufacturers and distributors in multiparty litigation in both state and federal courts.
• Long standing representation and defense of water supply line manufacturers in over 250 product liability disputes in state and federal court as well as in arbitration.
• Multiple cases representing a furnace/HVAC manufacturer in product liability litigation involving death, injuries, and/or large scale property damage.
• Representation of crane hook manufacturer in product liability litigation involving the death of an individual allegedly caused by the failure of a crane hook on an overhead crane.

Commercial Litigation

Our Commercial Litigation attorneys help businesses and individuals prosecute and defend claims brought by and against the government, competitors, employees, shareholders, customers and the public. Typical matters include breach of contract claims, breach of fiduciary duty claims, antitrust suits, property and title disputes, trade secrets and class actions lawsuits.

Our experienced team provides businesses and individuals with aggressive representation in all phases of dispute resolution. Our focus is on cost-efficient and effective resolution of disputes and claims.

Premises Liability

If you own or manage property, knowing how to prevent lawsuits and how to handle them if you become a target is crucial. The Hermes Law defense team will help you both evaluate potential hazards and defend those decisions after suit is filed.

Premises liability covers situations in which an individual is injured due to a hazard on property that is owned or managed by someone else. The most common cases involve a person who slips and falls on another’s premises, but this practice area also can involve dog attacks, chemical exposure, criminal activity and other situations that the property owner might not have foreseen.

Our attorneys have successfully defended property owners against premises liability claims in a variety of situations. We understand federal and state regulations concerning property owners and the nuances of the claims procedure. Our attorneys are committed to protecting our clients from frivolous or fraudulent lawsuits, and have the knowledge and skill to evaluate your claim and manage risk.

Healthcare

Hermes Law has an extensive practice in the representation of hospitals, physicians, practice groups, nurses, nursing homes, assisted living facilities, pharmaceutical companies, managed care organizations, emergency room staffing firms, home health agencies as well as other healthcare providers and organizations. Our experience ranges from representation of individual physicians in medical malpractice cases to handling complex class actions on behalf of national healthcare enterprises. We handle all aspects of healthcare litigation including medical malpractice defense, health insurance litigation, contract and business disputes and managed care litigation. Hermes Law, P.C. has handled all aspects of a medical malpractice case with successful results at the trial court level, appellate court level, and in the Texas Supreme Court. Hermes Law, P.C. has provided this quality representation in different counties and venues throughout the State of Texas.

Transportation Law

Transportation law involves issues surrounding motor carriers, shippers and anyone else involved in the process of transporting products and people from one place to another. Typical cases concern freight loss and damage, interstate commerce, truck accidents and overweight truck violations. Hermes Law attorneys specialize in providing aggressive and efficient representation of its transportation clients, including both trucking operations and bus companies. We specialize in all federal and state regulatory, technical, and legal issues that impact our client’s operations and exposure for fatalities, catastrophic injuries, and cargo/freight claims.

If you’re a motor carrier facing a claim, you can count on our transportation attorneys’ expertise and record of success. Not only do we successfully and often defend such claims in court, but we also have achieved summary judgments due to our familiarity with technical rules and regulations. Hermes Law attorneys find and maintain contact with defendant drivers who no longer work for our client, but are needed to testify. We also have a database of “expert witnesses” who frequently testify for plaintiffs.

We work with transportation companies and carriers by performing emergency response to incidents, pre-litigation investigations and retention of experts to provide early assessment and resolution where appropriate. We handle complex, multi-party, multi-plaintiff, catastrophic losses. Finally, we serve in a monitoring role for excess/surplus carriers where there is a need to ensure the excess/surplus carrier is represented and fully apprised of the underlying lawsuit.

REPRESENTATIVE EXPERIENCE

• Work with transportation companies and carriers by performing emergency response to incidents, pre-litigation investigations, collection of key evidence, and retention of experts to provide early assessment and resolution where appropriate.
• Successfully defended commercial motor coach company in multiple lawsuits arising from a motor vehicle accident which included 44 Plaintiffs and three fatalities.
• Successfully represented national car dealership in jury trial against a breach of contract claim.
• Successfully defended transportation company in million dollar jury trial against negligence, negligent hiring, training and supervision, negligent entrustment, and gross negligence claims.
• Obtained summary judgment for transportation company based on no evidence of negligent hiring, training, and supervision.
• Obtained summary judgment for transportation company faced with Stowers demand of $1,000,000 policy limits.

Property

Hermes Law represents insurance carriers in all aspects of first-party residential and commercial property claims. Our attorneys counsel property insurers regarding coverage and claims issues, assist in claim investigations, coordinate outside experts and consultants, take examinations under oath, provide coverage opinions, and counsel insurers participating in appraisals. When property claims turn into lawsuits, we counsel and defend insurers against allegations of breach of contract, violations of the Texas Insurance Code, violations of the Texas Deceptive Trade Practices Act, and breach of the duty of good faith and fair dealing.

We handle all phases of property related cases from the pre-suit investigation stage through mediation or trial, including appeals to the Texas Supreme Court.

REPRESENTATIVE EXPERIENCE

• Handle first-party property claims and lawsuits arising out of large-scale weather events such as hail storms and other adverse weather for Certain Underwriters at Lloyd’s of London. Familiar with the London market and the underwriting/brokerage process at Lloyd’s.
• Successfully represented Certain Underwriters at Lloyd’s of London in first-party property lawsuit in which Lloyd’s was sued for violations of the Deceptive Trade Practices Act, Texas Insurance Code, Breach of Contract, Bad Faith, and Negligence.
• Obtained early resolution settlement for Certain Underwriters at Lloyd’s of London in first-party property lawsuit involving commercial real estate.
• Successfully represented Certain Underwriters at Lloyd’s of London in first-party property lawsuit involving residential real estate.
• Worked closely with team of experts to provide immediate response to time-sensitive matters. Work included determining cause and origin of alleged claim, whether alleged claim was covered under policy, and successfully negotiating early resolution whenever possible.