Seattle
(206) 903-8852 P
(206) 903-8820 F

James R. Hermsen

Partner

Mr. Hermsen is a Partner in Dorsey’s Trial, Regulatory and Technology group. He is also Co-Chair of the Franchise and Distribution practice group. His practice focuses on automobile dealer franchise and commercial litigation.

Mr. Hermsen has litigated cases throughout the Western United States for a variety of automobile manufacturers/distributors involving a wide range of market representation issues. Mr. Hermsen's commercial litigation practice has also resulted in numerous trials involving antitrust, banking, contract, insurance coverage, and product-related issues.

Trials

In the Matter of the Application of E-One, Inc., August 2007; One-day hearing before the Nebraska Motor Vehicle Industry Licensing Board. Client: E-One, Inc.; Claim: Application to terminate dealer; Result: Application approved.
EDM Corporation v. E-One, Inc., July 2007; Three-day hearing before the Iowa Department of Inspections and Appeals. Client: E-One, Inc.; Claim: Protest of application to terminate dealer; Result: Protest dismissed-termination approved.
In re: Rainier Cycles, et al. v. American Honda Motor Company, November 2006; One-day administrative hearing before Washington Department of Licensing. Client: American Honda Motor Company; Claim: Relocation Protest; Result: Protest dismissed.
Szedelyi v. U-Haul Co. of Oregon, November 2006; Three-day jury trial in Washington County (Oregon) Circuit Court. Client: U-Haul Co. of Oregon; Claim: Product liability/personal injury; Result: Defense verdict.
Dunlap v. Durgan, August 2006; Eight-day jury trial in Jefferson County Superior Court. Clients: Ronald and Barbara Dunlap; Claim: Outrage and timber trespass; Result: Verdict in favor of Dunlaps for $120,250.00 and entry of civil anti-harassment protection order.
In re: Downtown Automotive Group, LLC, March 2006; Two-day trial before the U.S. Bankruptcy Court, Western District of Washington. Client: Nissan North America, Inc.; Claim: Entitlement to terminate Dealer Agreement; Result: Dealer Agreement terminated.
Brunswick Nissan v. Nissan North America, Inc., August 2004; Five-day administrative hearing before the Ohio Motor Vehicle Dealers Board. Client: Nissan North America, Inc.; Claim: Dealer protest of termination; Result: Protest dismissed.
Tamera Peniston v. Jewell Tice, January 2004; Two-day arbitration. Client: Jewell Tice; Claim: Entitlement to buy-out under Shareholders Agreement. Result: Claim dismissed and attorneys’ fees awarded.
Intermountain Hyundai v. Hyundai Motor America, May 2003; One-day administrative hearing before Utah New Motor Vehicle Franchise Advisory Board. Client: Hyundai Motor America. Claim: Lack of cause to relocate a Hyundai dealership. Result: Protest dismissed.
Wizards of the Coast, Inc.’s Securityholders v. Hasbro, Inc., April 2002; Two-day arbitration. Client: Hasbro, Inc.; Claim: $19.2 million purchase price/earn-out dispute; Result: Settled during arbitration on terms favorable to Hasbro, Inc.
Big Mountain Toyota v. Toyota Motor Sales, U.S.A., Inc., March 2002; Two-day administrative hearing before Montana Department of Justice. Client: Toyota Motor Sales, U.S.A., Inc.; Claim: Protest of termination; Result: Settled during hearing on terms favorable to Toyota Motor Sales, U.S.A., Inc.
Wizards of the Coast, Inc. v. Kenneth Birdwell, et al., September 2001; Five-day bench trial in King County Superior Court. Client: Wizards of the Coast, Inc.; Claim: $1.1 billion valuation dispute regarding “fair value” at time of merger; Result: Merger “consideration” deemed “fair value”; Judgment entered for Wizards of the Coast, Inc.
Jerrold Kaplan v. The Northwestern Mutual Life Insurance Company, July 2001; Eight-day jury trial in King County Superior Court. Client: The Northwestern Mutual Life Insurance Company; Claim: Breach of Contract, bad faith, Consumer Protection Act Violations; Result: Defense verdict
Patrick McCauley v. U-Haul Business Consultants, Inc., June-July 2001; Seven-day jury trial in Washington Federal District Court. Client: U-Haul Business Consultants, Inc.; Claim: Disability discrimination and failure to accommodate; Result: Defense verdict.
Cargill, Inc. v. Bunge Corporation, June-July 2000; Twelve-day jury trial in Oregon Federal District Court. Client: Cargill, Incorporated; Claim: Breach of contract warranties, fraud; Result: Verdict for defendant.
Garff Enterprises d/b/a/ Ken Garff Mitsubishi Downtown v. Mitsubishi Motor Sales of America, Inc., March 2000; One-day hearing before Utah New Motor Vehicle Franchise Advisory Board. Client: Mitsubishi Motor Sales of America, Inc.; Claim: Lack of good cause to establish additional dealer point; Result: Protest dismissed.
University Mazda and Lee Johnson Mazda v. Mazda Motor of America, Inc., November 1999; Four-day administrative hearing before Washington Department of Licensing. Client: Mazda Motor of America, Inc.; Claim: Lack of good cause to establish additional dealer point; Result: Protest upheld.
Suprema Specialties, Inc. v. U.S. Bank of Washington, January 1996; Two-day bench trial in Washington Federal District Court. Client: U.S. Bank of Washington; Claim: Misrepresentation and Consumer Protection Act; Result: Judgment against U.S. Bank for $104,000 (Pretrial demand - $300,000; pretrial offer $100,000).
Beaverton Toyota, Inc. v. Toyota Motor Distributors, Inc., November 1995; Three-day bench trial in Oregon Federal District Court. Client: Toyota Motor Distributors, Inc.; Claim: Violation of ORS 650.150 - plaintiff sought an injunction, monetary damages and attorney fees; Result: Complaint dismissed
Holland America Bulb Farms, Inc. v. U.S. Bank of Washington, June/July 1995; Seven-day jury trial in Clark County (Vancouver, WA) Superior Court. Client: U.S. Bank of Washington; Claim: Negligent misrepresentation; Result: Jury verdict in favor of plaintiff; matter settled; complaint dismissed
U.S. Bank of Washington v. Seattle-First National Bank, June/July 1994; Eight-day bench trial in King County Superior Court. Client: U.S. Bank of Washington; Claim: Conversion; Result: Judgment in favor of U.S. Bank of Washington in the amount of $383,000
Gizelle Fisher v. United States of America, June 1994; Two-day bench trial before Federal Court of Claims in Washington, D.C. Client: Gizelle Fisher; Claim: Refund of $1.74 million inheritance tax; Result: Judgment in full amount plus interest.
Westbrook Corporation v. Wallace and Wheeler, Inc., et al., March 1992; Four-day bench trial in King County Superior Court. Client: Westbrook Corporation; Claim: Professional negligence; Result: Judgment in favor of Westbrook Corporation in the amount of $174,000
The Northwestern Mutual Life Insurance Co. v. Susan Cassel, November 1991; Three-day bench trial in Lewis County Superior Court. Client: The Northwestern Mutual Life Insurance Company; Claim: Rescission of a Disability Insurance Policy; Result: Judgment in favor of The Northwestern Mutual Life Insurance Company
O. Shannon Hauser v. Rose Health Care Systems, May 1991; Seven-day jury trial in Denver, Colorado District Court. Client: O. Shannon Hauser; Claim: Breach of Contract; Result: Verdict (with fees and costs) in favor of Mr. Hauser in the amount of $1.2 million; aff'd: 857 P.2d 524 (Colo. App. 1993); Settled: $2.73 million
Old National Financial Services v. Halverson & Applegate, May 1991; Seven-day bench trial in King County Superior Court; Client: Old National Financial Services; Claim: Attorney Malpractice; Result: Judgment in favor of Old National Financial Services in the amount of $967,000
Susan Austin, et. al. V. U.S. Bank of Washington, March 1991; Two-day bench trial in Pierce County Superior Court; Client: U.S. Bank of Washington; Claim: Breach of Trust; Result: Judgment in favor of plaintiffs in the amount of $63,000; aff'd on appeal
Robert Mason v. United States National Bank of Oregon and U.S. Bancorp, May 1989; Seven-day jury trial in Federal Court - District of Oregon - Medford, Oregon. Clients: United States National Bank and U.S. Bancorp; Claim: Age and Handicap Discrimination; Result: Defense verdict
Arlene Walker and Frank Walker v. Old National Bank of Washington, et. al., September 1988; Two and one half week jury trial in Spokane County Superior Court. Client: Old National Bank of Washington; Claim: Sex and Age Discrimination, Retaliation, Wrongful Discharge, Breach of Implied Employment Contract, Tort of Outrage; Result: Defense verdict
Keller Supply Co. v. State Industries, Inc., January 1988; Three-week jury trial in King County Superior Court. Client: State Industries, Inc. of Ashland City, Tennessee; Claim: Resale Price Maintenance, Unfair Trade Practices, Fraud and Conspiracy; Result: Defense verdict
In re Estate of John Zahran, September 1987; One-day bench trial in United States Bankruptcy Court, Seattle; Client: Kirkland Mazda and Harry Stuchell; Claim: Invalid Lease; Result: Tenant's (client) lease was ruled valid

Market Representation

John North Nissan v. Nissan North America, Inc. (Kansas Dept. of Revenue, Division of Vehicles, OAH No. 09KR0002) (buy-sell)
Continental Cars, Inc. v. Hyundai Motor America (Washington Dept. of Licensing No. 2008-DOL-0021) (termination)
Mazda Motor of America, Inc. v. JK Milwaukie, LLC (U.S.D.C. - District of Oregon, No. 08-0196-HU) (site assistance)
In Re Petition of Nissan of Fife, LLC (Washington Department of Licensing, No. 2008-DOL-0032) (buy-sell)
In re: Rainier Cycles, et al. v. American Honda Motor Co., Inc. (Washington Department of Licensing No. 2006-DOL-0038) (relocation)
In re: Downtown Automotive Group, LLC (United States Bankruptcy Court, Western District of Washington, Case No. 06-10228) (termination)
Williamson Nissan, Inc. d/b/a Carousel Nissan v. Nissan North America, Inc. (2004 Iowa Department of Transportation, Docket No. 04 DOTDR 012) (termination)
Hyundai v. Hyundai Motor America (Washington Department of Licensing No. 2004-DOL-0003) (2004) (add point)
Park Place Motors, LTD v. Bentley Motors, Inc. (Washington Department of Licensing No. 2004-DOL-0001) (2004) (termination)
Brunswick Nissan v. Nissan North America, Inc. (Ohio Motor Vehicle Dealers Board No. 09-03-MVDB-286D) (2003) (termination)
Steven Wade Auto Center v. Nissan North America, Inc. (Utah Motor Vehicle Franchise Advisory Board No. MNVFA-2003-001) (2003) (executive management change)
Intermountain Hyundai v. Hyundai Motor America (Utah Motor Vehicle Franchise Advisory Board; NMVFA-2003-002) (2003) (relocation)
Ray Schultens Motors, Inc. et al. v. Nissan North America, Inc. (United States District Court, District of Oregon, Case No. CV-03-208) (2003) (multiple market representation issues)
Anthony Wade v. Nissan North America, Inc. (Utah Motor Vehicle Franchise Advisory Board; NMVFA-2003-0001) (2003) (executive management change)
Rainier Nissan, Inc. v. Nissan North America, Inc. (Washington Department of Licensing No. 2002-DOL-001) (2002) (termination)
Big Mountain Toyota v. Toyota Motor Sales, U.S.A., Inc. (Montana Department of Justice) (2001) (termination)
Smith-Carlton, LLC III v. Toyota Motor Sales, U.S.A. Inc. (United States District Court, Eastern District of Arkansas. Case No. 4:01 CV 00357) (2001) (Contract/Relocation)
Hart Pontiac-Cad Inc., d/b/a Hart Mazda v. Mazda Motor of America, Inc. (Idaho Transportation Department) (2001) (termination).
Performance Toyota, Inc. v. Toyota Motor Sales, U.S.A., Inc., (State of Tennessee, Motor Vehicle Commission) (2000) (relocation).
Garff Enterprises d/b/a Ken Garff Mitsubishi Downtown v. Mitsubishi Motor Sales of America, Inc., (State of Utah, New Motor Vehicle Franchise Advisory Board, Case No. NMVFA 99-002) (add point).
Ron Tonkin Lincoln Mercury, Inc. et al., v. Hyundai Motor America, Inc., (United States District Court, District of Oregon, Case No. CVOO-53HU) (1999) (sales programs).
Lee Johnson Mazda v. Mazda Motor of America, Inc., (State of Washington, Department of Licensing, Administrative Proceeding) (1999) (relocation)
Continental Auto Mall, Inc. v. Toyota Motor Sales, U.S.A., Inc., (State of Missouri, Administrative Hearing Commission, Case No. 99-1388 FV) (buy/sell turndown).
Continental Auto Mall, Inc. v. Porsche Cars North America, Inc., (State of Missouri, Administrative Hearing Commission, Case No. 99-1201 FV) (buy/sell turndown)
Braley & Graham Company d/b/a Braley & Graham Hyundai v. Hyundai Motor America, (Washington County Circuit Court Cause No. C98-1462 CV) (Oregon) (termination)
Galles & King Motors, Inc. d/b/a Lee Galles Lexus v. Toyota Motor Sales, U.S.A., Inc., (Second Judicial District Court, County of Bernalillo, State of New Mexico, Cause No. CV 98-08339) (termination)
Longview Toyota, Inc. v. Toyota Motor Sales, U.S.A., Inc., (State of Washington, Department of Licensing, Administrative Proceeding ) (1998) (termination)
Mitsubishi Motor Sales of America, Inc. v. Nick P. Diafos, (Western District of Washington Bankruptcy Adversary No. A98-05654) (dealer fraud re: co-op advertising)
Dennis Davis Auto Group, Inc. v. Mazda Motor of America, Inc., (District of Colorado Cause No. 97-WY-1690) (buy/sell turn down)
In re Chorlton-Diafos, Inc. d/b/a Bellevue Mitsubishi, (Western District of Washington Bankruptcy No. 96-11994) (relief from stay/termination)
Appleway Chevrolet, Inc. v. Toyota Motor Sales U.S.A., Inc., (State of Washington, Department of Licensing, Administrative Proceeding) (1997) (buy/sell turn down)
Fletcher Jones Las Vegas, Inc. d/b/a Fletcher Jones Toyota v. Toyota Motor Sales U.S.A., Inc., (State of Nevada, Department of Motor Vehicles and Public Safety, Office of Administrative Hearings) (1996) (open point)
Beaverton Toyota Company, Inc. v. Toyota Motor Distributors, Inc., (District of Oregon Cause No. 92-1612-RE) (open point/replacement dealer)
Hoover Oldsmobile-Cadillac, Inc. d/b/a Hoover Toyota v. Toyota Motor Distributors, Inc., (State of Washington, Department of Licensing, Administrative Proceeding) (1991) (termination)

Personal Judicial/ Arbitration Experience

Arbitrator, International Court of Arbitration, Paris, France, 1992-1994
King County Superior Court Judge Pro Tem, 1990-1991
Issaquah District Court Judge Pro Tem, 1979-1981
Special Master-King County Superior Court, 2006-2007

Presentations

Guest Lecturer, Seattle University School of Law, 2008, Undergraduate and Graduate Schools of Business Administration, University of Washington, 1994-1999, University of Washington School of Law, 2001

Professional Activities

Washington State Bar Association; Oregon State Bar Association
Federal Bar Association, Western District of Washington
Providence Mt. St. Vincent Foundation, Seattle, Washington; President, 1996-1998, 2000-2001; Vice President, 1995-1996; Board of Directors, 1994-2003; Emeritus Board Member, 2003
University of Washington Alumni Association; Co-Chair of 1967, 25-Year Reunion Committee, 1992
Eastside Catholic High School, Bellevue, Washington, Chair, Policy Committee, 1994-1996, Board of Trustees, 1993-1996

Admissions

Oregon
Washington
Supreme Court of the United States
United States Court of Appeals for the Ninth Circuit and the District of Columbia Circuit
United States Court of Claims
United States District Courts for the Eastern and Western Districts of Washington
United States District Court for the District of Colorado
United States Court of Military Appeals
United States Tax Court

Honors

Named a "Super Lawyer" by Washington Law & Politics

Education

University of Washington School of Law
J.D., 1970, Phi Delta Phi (Magister)
University of Washington
B.A., cum laude, Economics, 1967, with Distinction
Phi Beta Kappa

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