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James has a wide-ranging litigation practice that includes insurance litigation, fiduciary litigation, builder and developer litigation, and commercial litigation. His trial practice includes matters in state and federal court, as well as arbitration and mediation. In addition to serving as trial counsel for his clients, James routinely advises them on contract and insurance matters.
James has received an AV rating from Martindale-Hubbell, indicating Very High to Preeminent legal ability.
REPRESENTATIVE EXPERIENCE
Insurance Litigation
Represented major insurance carriers on first and third party personal lines
Represented corporations on denied insurance claims under a variety of policy types
Wrote coverage opinions for insurance clients, for corporate clients and to assist third parties in litigation
Brought declaratory actions, breach of contract claims, and statutory and common law bad faith suits
Fiduciary Litigation
Represented clients involved in multimillion dollar lawsuits involving executors, trustees and other fiduciaries
Represented fiduciaries in declaratory actions, removal actions and breach of fiduciary duty suits
Published Cases
In re Estate of Hersey, __ S.W.3d __, 2006 WL 756088 (Tex.App.Amarillo, April 25, 2006). James was the lead lawyer at trial and second chair on appeal for this case, which involved an appeal of attorneys� fees stemming from defense of an executor/corporate officer in a breach of fiduciary duty case.
Lee v. Hersey, ___S.W.3d___, 2006 WL 756088 (Tex.App.Amarillo, March 24, 2006). James was the lead lawyer at trial for this case, which involved the defense of an executor in a breach of fiduciary duty and conspiracy case.
Paul v. Merrill Lynch Trust Co. of Texas, 183 S.W.3d 805 (Tex.App.Waco, December 14, 2005). James was the lead lawyer at trial for this case, which involved the defense of a corporate executor in a removal suit and breach of fiduciary duty case.
Builder and Developer Litigation
Represented custom home builders in home defect and misrepresentation/fraud cases in both litigation and arbitration
Represented track home builder in home defect, misrepresentation/fraud cases, and breach of contract claims in litigation and arbitration
Represented major land developers in a variety of litigation relative to development activities in both litigation and arbitration
Advised builders and developers regarding contractual and insurance matters
Commercial Litigation
Represented corporate clients in construction and engineering disputes, covenant not to compete litigation, nuisance cases, breach of contract suits, premises liability suits, products liability suits, and a variety of other commercial litigation
Advised corporate clients regarding contract drafting, insurance and indemnification matters
Published Cases
Parks v. Landfill Marketing Consultants, Inc., 2004 WL 1351545 (Tex.App.Houston [1st Dist.], June 17, 2004). James was the lead lawyer at trial for this case, which involved a commercial suit in a breach of an oral contract case).
ARTICLES / PUBLICATIONS
"The Chicken or the Egg - Insurance and Indemnification Clauses in the Same Contract" (March 29, 2004)
When Actions Speak Louder Than Words: The Case for a Quasi-Estoppel Exception to the Statute of Frauds, 22 Rev. Litig. 69 (2003)
Texas Premises Liability Jury Definitions, Instructions, and Questions for Criminal Actor Cases A Pattern to Ease the Madness?, 17 Rev. Litig. 259 (1998)
Walking the High Wire: Practical Possibilities for Regulatory Responses to the Electromagnetic Field Quandary, 15 Rev. Litig. 141 (1996)
Straddling the Wire: Electromagnetic Fields and Personal Injury Suits, 14 Rev. Litig. 545 (1995)
BRIEFINGS, SEMINARS & SPEECHES
"Dealing With Your Insurance Company on Claims: If at First You Don't Succeed, Try, Try Again," panel moderator, Texas General Counsel Forum (February 22, 2005)
Bad Faith and Beyond, Insurance Adjuster Continuing Education Presentation (1999)
Using the New Rules of Civil Discovery: Effects on Insurance and Insurance Defense Litigation, Insurance Adjuster Continuing Education Presentation (1999)
PROFESSIONAL / CIVIC AFFILIATIONS
Membership/Leadership Positions
Director South Montgomery County Woodlands Chamber of Commerce
Member Texas Bar Association Insurance Section
Trustee Klein United Methodist Church
Director Alden Bridge Village Scholarships Foundation, Inc.
Former Director Town Center Improvement District (1999-2002)
Former Chairman Funding Request Committee of Town Center Improvement District (1999-2002)
Former Director and Vice President The Woodlands Association, Inc. (1998-2000)
Member Houston Bar Association
Awards
Recipient of the 2005 South Montgomery County WoodlandsChamber of Commerce Chairman's Award
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