Dwayne
Hermes

Represented local affiliate of a national nonprofit in connection with numerous negligent hiring and supervision claims made by numerous victims’ families from a total of more than forty alleged victims. Claims settled after a two-month trial process that concluded with a verdict substantially less than the amount sought by prominent plaintiffs’ attorney on behalf of the victims.

Favorably resolved a half-billion-dollar products liability suit arising from a pipeline rupture after developing a causation defense with an extraordinary “dream team” of defense experts and filing a dispositive motion that likely would have disposed of some or all of the plaintiff’s claims as a matter of law.

Counseled and defended numerous construction clients in cases alleging construction defects, often with water infiltration and resulting mold growth.

Obtained numerous court dismissals with prejudice of malpractice claims against architects for alleged defective design under the “Certificate of Merit” statute.

Tried a products liability case, which had allegedly caused property and personal injury damages, to a directed verdict for the product defendant based on the court’s determination of no evidence of a product defect while the plaintiff proceeded to obtain a judgment against the co-defendants.

Enforced covenants not to compete in employment contracts against former employees who went to work for competitors.

Favorably resolved a multimillion-dollar default judgment against a third party administrator’s insureds and the subsequent bad faith suit for the cost of defense.

On a large commercial claim of business interruption and financial loss, won summary judgment on a client’s statute of limitations defense and successfully defended the appeal despite the claimant’s assertion of equitable estoppel bar.

Won a special appearance and obtained a complete dismissal of the product wholesaler and distributor in a severe personal injury case, based upon lack of personal jurisdiction over client.

Won a no evidence summary judgment for the insurance agent client on the claimant’s allegation of wrongful disclosure of potential insured’s HIV-positive status.

Successfully defended a former officer and director of a defunct technology company against claims of state statutory and common law fraud, negligence, negligent misrepresentation and breach of fiduciary duty in separate suits brought by the bankruptcy Trustee and approximately 100 former shareholders.

Concluded a claim against a prominent law firm with a confidential mediated settlement agreement involving allegations of errors and omissions stemming from a merger of a privately held company with a publicly traded company where stock was exchanged for the private company. While there were many facets to this very complex litigation, aspects of the case focused upon financial institutions, 10Ks, 5Qs, initial public offerings, possible SEC violations, SEC reporting and restrictions on stock trading.

Represented a purchaser, both in his individual and corporate capacity, in a suit brought by the investment banking firm which was seeking its fee for its assistance in completing the multimillion-dollar acquisition of a manufacturing company with extensive assets and numerous locations throughout the United States. While defending the purchaser against the claim for fees by the investment banking firm, also represented the individual and company on their counterclaim for negligence due to inadequate due diligence and negligent investment advice.

Tried two-week long jury trial involving insurance bad faith, child sex abuse and legal malpractice to a complete defense verdict on behalf of one lawyer defendant, while also obtaining a favorable opinion from the Texas Supreme Court finding no personal jurisdiction over another lawyer defendant.

Acted as trial court counsel on the following published legal opinions: Byrd v. Woodruff, 891 S.W.2d 689 (Tex. App.–Dallas 1994, writ dism’d by agr.); Besing v. Vanden Eykel, 878 S.W.2d 182 (Tex. App.–Dallas 1994); Mackie v. McKenzie, 900 S.W.2d 445 (Tex. App. –Texarkana 1995); Haussecker v. Childs, 935 S.W.2d 930 (Tex. App.–El Paso 1996); Nikolai v. Strate, 922 S.W.2d 229 (Tex. App.–Fort Worth 1996); Jatoi v. Decker, Jones, McMacklin, Hall & Bates, 955 S.W.2d 430 (Tex. App.–Fort Worth 1997); Delp v. Douglas, 948 S.W.2d 483 (Tex. App.–Fort Worth 1997); General Motors Acceptance Corp. v. Crenshaw, Dupree & Milam, L.L.P., 986 S.W.2d 632 (Tex. App.–El Paso 1998, pet. denied); Childs v. Haussecker, 974 S.W.2d 31 (Tex. 1998); Douglas v. Delp, 987 S.W.2d 879 (Tex. 1999); Lowe v. Teater, 1 S.W.3d 819 (Tex. App. –Dallas 1999) Transit Mix Concrete & Materials Company v. Johnson, 205 S.W.3d 92 (Tex. App. — Eastland 2006).