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Ethan M. Herrema

Senior Associate

ethan@cookkeithdavis.com

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Biography

Mr. Herrema graduated from Southern Methodist University Law School in 2017 and immediately joined the Firm at that time. Ethan also obtained his bachelor’s degree in political science from Dallas Baptist University in 2014. Ethan is a native of Washington state, but has resided in Dallas since 2010.

Mr. Herrema’s practice has focused on commercial litigation with a strong focus on creditor’s rights, post-judgment enforcement, and complex dispute resolution in state and federal courts throughout Texas from inception, through trial, and collection. Mr. Herrema also has extensive appellate experience and in representing debtors in asset protection and post-judgment defense work.

Representative Cases
  • Represented an outdoor advertising company against a former customer. Obtained judgment in full after bench trial.
  • Represented an aviation company against another aviation company arising from breach of service agreement and lease. Prosecuted the case from demand letter all the way to defending a petition for review at the Texas Supreme Court. Resulted in a $700,000 collection for the client, and favorable settlement of the remaining balance.
  • Represented a homeowner against seller financer attempting to foreclose. Obtained temporary restraining order and then temporary injunction preventing foreclosure from going forward.
  • Represented an aviation company sued in federal court for breach of contract. Removed the case to federal court and obtained 12(b)(2) dismissal of claims with prejudice.
  • Defended a residential seller against claims of fraud and violation of the Texas Deceptive Trade Practices Act. Obtained summary judgment dismissing all claims with prejudice, and award for fees.
  • Representation of a consulting company against an oil and gas judgment debtor. Obtained appointment of a receiver and collected six-figure judgment in full.
  • Secured 12(b)(6) dismissal of product liability and warranty claims brought against a non-lethal weapons manufacturer.
  • Prosecuted fraudulent transfer case against a home construction company on behalf of two individual homeowners. Obtained settlement on favorable terms.
  • Extensive representation of judgment holders in post-judgment collections efforts like writs of execution, post-judgment discovery, post-judgment garnishment actions, motions for contempt, receiverships, etc.
Appellate Matters
  • Obtained reversal of trial court's order denying motion to compel arbitration, and rendering of order compelling matter to arbitration. Pravati Capital III Funding, LP v. Law Offices of Phillippe & Assocs., Prof'l Corp., No. 13-22-00168-CV, 2023 Tex. App. LEXIS 3191 (Tex. App.—Corpus Christi May 11, 2023, no pet.).
  • Obtained reversal of summary judgment granted against client where the sale of collateral was not commercially reasonable. Regent Gen. Contractors v. Mint, No. 07-23-00061-CV, 2023 Tex. App. LEXIS 5126 (Tex. App.—Amarillo July 7, 2023, no pet.).
  • Obtained reversal of order dismissing case for want of prosecution where the case was being diligently prosecuted in separate cause number. Rex Performance Prods., LLC v. Tate, No. 02-23-00333-CV, 2024 LX 21430 (Tex. App.—Fort Worth Apr. 11, 2024, pet. denied).
  • Obtained reversal of order granting a Texas LLC's motion to declare a California default judgment void without first conducting a hearing. Avila v. Kindsvater Trailers, LLC, No. 02-21-00434-CV, 2022 Tex. App. LEXIS 6728 (Tex. App.—Fort Worth Aug. 31, 2022, no pet.).
  • Successfully defended a judgment on appeal where the court affirmed a bench-trial judgment in favor of our client on competing breach-of-contract claims, and obtained denial of petition of review at the Texas Supreme Court. Advantage Aviation Technologies, Inc. v. Axcess Aviation Maintenance Services, Inc., No. 05-23-00344-CV (Tex. App.—Dallas Dec. 27, 2023, no pet.).
  • Successfully defended the appeal of an order granting our client's special appearance pursuant to Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a)(7). Tate v. Hansen, No. 02-23-00441-CV, 2024 LX 159796 (Tex. App.—Fort Worth Aug. 22, 2024, no pet. h.).