Dwayne Hermes

Dwayne Hermes - Partner

Phone: 214.749.6522     Email: Dwayne@Hermes-Law.com

I like pushing the envelope and stretching limits, which has lead me to mountain biking and climbing, exotic travel and reading books on topics unfamiliar to me. This drive to extend boundaries has also manifested in the makeup of Hermes Law. I am glad to be a part of a team of explorers, innovators and disruptors.

Practice Areas

Concentrates in Products Liability, Construction, Commercial Litigation, Professional Liability, Environmental/ Toxic Tort Litigation, Securities Litigation, and General Casualty

Representative Experience

  • 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).

Bar Admissions

  • State Bar of Texas, 1985
  • United States District Courts for the Northern, Southern, Eastern and Western Districts of Texas

Education

  • Juris Doctor Degree from the University of Houston, 1985
  • Bachelor of Arts Degree, with honors, from University of Texas, 1981

Awards & Recognitions

  • Rated AV by Martindale-Hubbell
  • Selected to Best Lawyers® – The Best Lawyers In America©, 2012-2015
  • Selected to the Texas Super Lawyers list – Super Lawyers Magazine, 2004 –2011, 2014-2015
  • Recognized as a Barrister of the William Mac Taylor 112th Inn of Court

Presentations

Dwayne is a sought-after presenter, traveling across the United States and London for a wide variety of client organizations. His recent presentation topics include, “An Overview of State Venue Law,” “Fracking in Depth,” “An Overview of U.S. Court System,” and “Case Evaluation.” Dwayne is also an established lecturer on areas of the law including trends in legal malpractice defense, products liability, the Deceptive Trade Practices Act, personal injury defense, mold claims, construction liability, professional liability, alternative dispute resolution, and expert selection. He has taught at legal ethics and malpractice prevention seminars and has been a faculty member for the Texas Association of Defense Counsel’s Annual Trial Academy.

Publications

  • Co-authored, “What is all the *&$FRACKING#*% Fuss?,” Carl Warren & Company Connects, November 2014
  • Co-author, “Resources to Consult When Facing an Ethical Dilemma,” Texas Lawyer, November 2012
  • Co-author, “Analysis of Venue Favorability and Practical Tips on Venue Selection and Options to Limit Liability in Unfavorable Venues,” April 2012
  • Co-author, “An Update on ESI Preservation and ‘Litigation Holds’ Guidelines,” July 2010
  • Co-author and speaker, “Economics of Litigation Management,” Council on Litigation Management, December 2008
  • Co-author, “Leveling the Legal Malpractice Playing Field: Reverse Bifurcation of Trials,” St. Mary’s Law Journal, Vol 36, No 4. 2005; Copresenter at the Professional Liability Symposium in spring 2005
  • Author and co-author of papers and manuals on legal malpractice, e-discovery, products liability, construction issues and litigation skills. These include the Texas Products Liability Manual and the Texas Construction Manual
  • Co-authored “Shaking Things Up, Fracking-Related Earthquakes and What They Mean for Insurance Policy Exposure”, Council on Litigation Management, June 2016
  • Co-authored “Collaborative Law Strategies for the Insurance Defense Practice”, Dallas Bar Association Headnotes and American Bar Association, June 2016

Memberships

  • State Bar of Texas, Member
  • The Harmonie Group, Member; Past President and current Board Member; Former Chair of the Litigation Practice Issues Committee
  • American Bar Association, Member – Business Law, Litigation and Construction Industry Sections
  • Dallas Bar Association, Member, Construction Section
  • Texas Association of Defense Counsel
  • Dallas Association of Defense Counsel
  • Council on Litigation Management, Member
  • Defense Research Institute, Associate Member
  • Dallas Metropolitan YMCA Risk Committee Member
  • University of Texas at Austin, Library Advisory Council member