Delwin E. Hervey
Delwin has over 17 years of experience defending both individuals and corporate clients of various sizes in substantial litigation and trial matters involving products liability, mass tort, labor employment, premises liability, wrongful death, medical malpractice, deceptive trade practices, transportation, breach of warranty, business litigation and other commercial matters in the State of Texas and in various courts across the United States. In recent years, he has expanded his practice to include the representation of plaintiffs whose lives have been irreversibly changed by catastrophic injury or the death of a loved one caused by the negligence of others.
Delwin is also interested in representing clients in highly technical industries, such as the pharmaceutical industry, the biotechnologically and biogenetically engineered products industries, the computer and computer chips industries, the electronics industry, and industries providing and utilizing nano particles and nano technology.
- Serving as lead lawyer representing a large multi-national aggregate manufacturer in a $12 million water contamination case. Matter successfully settled on terms very favorable to the client.
- Representing gas utility company in a $20 million dollar litigation matter following a flash fire that occurred after the ignition of migrating natural gas that had been accidentally released underground when a gas line was damaged by road construction. The case involved serious and permanent personal injuries to the plaintiffs who were burned by the flash fire.
- Representing large multi-national aggregate producer in $60 million dollar construction matter involving complex engineering design and construction management issues.
- Representing employers and commercial truck drivers in litigation following trucking accidents involving catastrophic injuries.
- Working with electrical engineering experts to determine the origin of a catastrophic house fire in lawsuit against electric utility client. Case was settled for nuisance value after proving the plaintiff destroyed valuable evidence after the fire.
- Litigating and negotiated settlement of warranty disputes for Major automobile manufacturer.
- Participating in pro bono projects to provide quality legal services to the disadvantaged.
- Represented small historically black college in various employment and general litigation matters.
- Successfully sued a Dallas nail salon and recovered $250,000 settlement on behalf of a client who contracted an aggressive bacterial infection following her treatment at the salon that resulted in the surgical amputation of her toe.
- Successfully obtained $100,000 policy limits settlement on behalf of a client who suffered a serious back injury in a multi-car auto accident.
- Obtained summary judgment for building materials supply company accused of wrongfully causes the death of a construction worker.
- Obtained summary judgment for an electric utility company in a case where the plaintiff alleged that his cement truck was struck by electricity which allegedly arced from an overhead distribution line.
Professional Activities and Recognition
- Recognized as a “Texas Rising Star” by the Texas Lawyer Magazine
- Member: State Bar of Texas, Dallas Bar Association and ABA
- Speaker on Texas at-will employment issues and related case law at Dallas Urban League’s Labor Law Conference, held on October 22, 2009 in Dallas, Texas.
Education and Professional Background
- Southern Methodist University School of Law, Juris Doctorate, cum laude, 1997
- University of Texas at Austin, Bachelor of Business Administration, 1993
- Admitted to practice: in all Texas Courts 1997; United States District Courts for the Northern, Southern, Eastern and Western Districts of Texas.