James A. Hertz

Partner

Biography

James Hertz joined Friedman | Rubin in 2001, focusing on insurance bad faith litigation. He has also served as Managing Partner since 2007, driving the firm’s ability to engage in a nationwide civil practice through technology and joint venture relationships. 

Prior to joining Friedman|Rubin, Jim practiced in South Dakota litigating civil trials and appeals in matters involving intellectual property, business torts, insurance and personal injury law.

A native of South Dakota, Jim received his undergraduate degree from the University of South Dakota in 1983 and his J.D. from University of South Dakota School of Law and in 1985.

Jim is a member of American Association for Justice (AAJ), South Dakota Trial Lawyers Association (SDTLA) and the Washington State Association for Justice (WSAJ) (Eagle Member). He is licensed to practice law in Washington and South Dakota and is admitted to the U.S. Courts of Appeals for the 8th Circuit in St. Louis and the 9th Circuit in San Francisco. He has also been admitted pro hac vice in various courts across the United States.

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Honors & Memberships

Select Cases

Greenberg v. Paul Revere Life Ins. Co., 91 F. App’x 539, 540 (9th Cir. 2004) (affirming $2,950,000 verdict for disabled stockbroker including $2.4 million punitive damages).

Merrick v. Paul Revere Life Ins. Co.594 F. Supp. 2d 1168 (D. Nev. 2008) (finding insurers’ conduct sufficiently reprehensible to warrant $50 Million in punitive damages.

Mendoza v. McDonald’s Corp., Court of Appeals of Arizona, 222 Ariz. 139, 213 P.3d 288 (2009) (Affirming bad faith verdict and setting precedent permitting recovery of pain and suffering and lost earnings damages in bad faith cases in Arizona).

August v. Provident Life & Acc. Ins. Co., 772 F. Supp. 2d 1197 (C.D. Cal. 2011) (Granting plaintiff’s motion for summary judgment finding insurer in breach of contract based on ten year delay by insurer in making origin of disability determination caused insured to suffer disadvantage).

Griggs v. American Intern. Group, Inc., 2014 WL 2573300 (W.D. Wa. 2014) (Denying motion to dismiss claims against insurance holding company seeking to hide behind its smaller subsidiary).

Education

South Dakota School of Law, J.D. 1985

University of South Dakota, B.A. 1983