Our people

Jim is a partner working out of the Pittsburgh and Los Angeles offices, who has specialized in appellate law for 30 years. He has been certified as a specialist in the area of Appellate Law by the State Bar of California Board of Legal Specialization. Jim is a fellow and director in the American Academy of Appellate Lawyers and is a member and former president of the California Academy of Appellate Lawyers. He is a founding member of the Third Circuit Bar Association and is its current president. He also is a member of the Los Angeles County Bar Association Committee on Appellate Courts and served as its chair. He served for three years on the California State Bar Committee on Appellate Courts and is the vice-chair of the Federal Bar Association's Appellate Law and Practice Committee.  Jim was selected by his peers for inclusion in The Best Lawyers in America in Appellate Law, as one of Southern California's "Super Lawyers" in Appellate Law, and for admission into the American Law Institute.  

Appellate Experience

Jim has briefed and handled cases in the United States Supreme Court, the First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, and Eleventh Circuit Courts of Appeals, the Federal Circuit, the Court of Claims, the California Supreme Court, the California Courts of Appeal, the Washington Supreme Court, the Arizona Appellate and Supreme Courts, the Delaware Supreme Court, the Nevada Supreme Court, the Ohio Appellate and Supreme Courts, the Pennsylvania Appellate and Supreme Courts, the Texas Appellate and Supreme Courts, and the Illinois and New Jersey Appellate Courts.

Areas of Substantive Expertise and Consultation

Jim's expertise spans a wide range of substantive areas including unfair competition, insurance recovery, coverage and bad faith, financial services, intellectual property, products liability, pharmaceutical and medical devices, and class actions. He has dealt with many specialized issues in each of these areas, including those involving preemption (federal and state), expert witnesses (federal and state) and consumer fraud (federal and state).  In addition to briefing and arguing appeals, Jim regularly consults with trial lawyers on substantive and procedural issues in ongoing cases to help shape trial strategies and make the best record possible for an eventual appeal. These trial consultations also include briefing and argument, and the preparation of post-trial motions, writs, or interlocutory appeals as needed.

Representative Writing and Teaching

Jim has been a practitioner-advisor in appellate advocacy at both Boalt Hall and Hastings law schools, and is a frequent author and consultant for California Continuing Education of the Bar (CEB) on a variety of subjects involving civil litigation and civil appellate practice and received its "Spirit of CEB" Award in 2007.  He is the co-author of California's leading text on experts and a contributing author in texts on civil appellate practice, writs, discovery, complex litigation and ADR.  He has participated in multiple programs dealing with handling civil appeals, record protection for appeal, expert witnesses, and complex litigation.  He is a co-editor of PBI's Third Circuit Appellate Practice Guide and the Ninth Circuit editor for the ABA's national compendium on Superseding and Staying Judgments. 

Representative Matters

• Aguilar v. Exxon Mobil Corp., No. 513216.  Amicus brief supporting rigorous standards for admission of proposed expert testimony.

• Akins v. Sacramento Mun. Util. Dist., 8 Cal.Rptr.2d 785 (1992).  Affirming summary judgment for utility in action brought by 200 plaintiffs alleging injuries arising out of discharge of radioactive waste by nuclear power plant.

• Keith Baker, et al. v. St. Jude Medical, Inc., 178 S.W. 3d 127 (Tex. App.).  Upholding preemption of tort claims against medical device approved in PMA supplement process.

• Boaz, et al. v. Boyle & Company, Inc., et al, 40 Cal.App.4th 700 (1995). Affirming the dismissal of personal injury claims brought against pharmaceutical manufacturers on grounds of forum non conveniens, even though the non-resident plaintiffs could not recover under any legal theory in their resident states.

• Bostick v. St. Jude Medical, Inc., 2004 WL 3313614 (W.D. Tenn. 2004).  Class certification denied for nationwide consumer product and medical monitoring class involving medical device.

• View all...

Publications

• Co-editor of Third Circuit Appellate Practices Guide (PBI Press 2007)
• Ninth Circuit editor of Superseding and Staying Judgments, national compendium (ABA 2007)
• Co-author of California Expert Witness Guide (CEB)
• Contributing author of Civil Appellate Practice (CEB 3d ed.)
• Contributing author of California Civil Writs (CEB 3d ed.)
• Contributing author of Civil Discovery Practice (CEB)
• Contributing author of California Complex Litigation Manual (Parker & Sons)
• Contributing author of A Litigator’s Guide to Effective Use of ADR in California (CEB)
• Consultant on California Practice Guide on Insurance Litigation (Rutter Group)
• Third Circuit Appellate Practice Manual, Chapter on the Significance of Precedent and Identifying and Selecting the Issues for Appeal (PBI Press 2007)
• "Untangling the Web: Motions for Reconsideration," Perspective, Los Angeles Daily Journal (March 2010)
• "Denial of Class Certification: Preserving the Right to Appeal," Perspective, Los Angeles Daily Journal (February 2010)
• "Notice of Appeal: Formal Issues, Appellate Tips for Trial Lawyers," Vol. II, No. 4 (Los Angeles County Bar Association e-publication (2010)
• "Mootness in the Regulatory Context," Perspective, Los Angeles Daily Journal (Oct. 12, 2009)
• "Staying Power," Focus, Los Angeles Daily Journal (April 6, 2009)
• "Third Circuit Clarifies Key Aspects of Certification Procedure," The Legal Intelligencer (Mar. 9, 2009)
• "Jumping Through 'Hoopes,'" Focus, Los Angeles Daily Journal (Dec. 19, 2008)
• "Final Examination," Focus, Los Angeles Daily Journal (Dec. 8, 2008)
• "An Appealing Approach to Deadline Filing," Focus, Los Angeles Daily Journal (Oct. 6, 2008)
• "Appeals Court Ruling Heightens Anticipation on State Drug Suit Preemption," Washington Legal Foundation, Legal Backgrounder, Vol. 23, No. 31 (July 2008)
• "Unresolved Issues: Deciphering California's Approach to Mutual Issue Preclusion in Arbitration Awards," CEB Civil Litigation Reporter, Vol. 30, p. 6 (February 2008)
• "Ground Rules," Focus, Los Angeles Daily Journal (Feb. 15, 2008)
• "Ticking Time Bomb," Focus, Los Angeles Daily Journal (Nov. 20, 2007)
• "Fee Fracas," Focus, Los Angeles Daily Journal (June 4, 2007)
• "Federal Appellate Courts Put a Heightened Focus on the Propriety of Assessing the Merits of a Plaintiff's Claims in Resolving a Motion for Class Certification," BNA Class Action Litig. Rpt., Vol. 8, No. 12 (June 22, 2007)
• “Settling Consumer Class Actions: Guidelines for Effective Resolution,” ACI Defending Consumer Protection Class Actions (May 2007)
• “What’s Happening with Class Actions in the United States," Fourth Annual Symposium on Class Actions, Osgoode Hall Law School (April 2007)
• “Deposing the Opposing [Counsel],” Focus, Los Angeles Daily Journal (March 30, 2007)
• "Overcoming Mass Tort Settlement Barriers: Class Action Settlement Strategies and Concerns," ACI Drug and Medical Device Litigation (December 2006)
• "Mootness Issue Is A Complex First Step in Hearing Appeals," Focus, Los Angeles Daily Journal (October 17, 2006)
• "Notice of Entry of Judgment: Success Is in the Details," Focus, Los Angeles Daily Journal (July 28, 2006)
• "Can You Or Can't You: Review of Partial Judgments Under Federal Rules of Civil Procedure Rule 54(b)," ABA Appellate Practice Journal, Vol. XXV, No. 1 (Spring 2006)
• "Lost Privileges: Recent Decisions Clarify the Scope of Waiver Resulting from the Application of the Advice of Counsel Defense in Patent Infringement Litigation and Application of the Crime-Fraud Exception,” Reed Smith Client Bulletin (August 2005)
• "You’ve Got to Know When and How to Ask: A Look at Eight Years of 'Certified' Questions to the California Supreme Court," CEB Civil Litigation Reporter, Vol. 27, p. 132 (August 2005)
• "Take My Issue, PLEASE! Trying for Immediate Appellate Review under the Interlocutory Appeal Act of 1958," Appellate Advocate, American Academy of Appellate Lawyers (Summer 2005)
• "One Final Judgment Rule Can Complicate Appeal Bid,” Focus, Los Angeles Daily Journal (March 3, 2005)
• "Make Certification Motions Elaborate, Precise, Detailed," Focus, Los Angeles Daily Journal (November 3, 2004)
• "Back to the Well: Can New Trial Judges Reverse a Ruling Made by Their Predecessors," CEB Civil Litigation Reporter, Vol. 26, No. 2 (April 2004)
• "Play Safe - Strictly Construe Time Limits For Filing Writs," Focus, Los Angeles Daily Journal (March 3, 2004)
• "Case Extending 'Constructive Filing' Doctrine Is Depublished," Focus, Los Angeles Daily Journal (January 7, 2004)
• “Palmer Clarifies Valid Written Notice of an Entry of Judgment,” Focus, Los Angeles Daily Journal (September 2003)
• “Settlement Certainty: Making It Stick Under CCP §664.6,” CEB Civil Litigation Reporter, Vol. 25, No. 3 (June 2003)
• "Certification Process Does Not Appear To Burden High Court," Focus, Los Angeles Daily Journal (May 7, 2003)
• "Shocking State Jury Award Highlights Deep Flaws In Civil Justice System," Washington Legal Foundation, Legal Opinion Letter(April 25, 2003)
• "Interlocutory Review of Class Certification Orders Under Rule 23(f)," 4 BNA Class Action Report, No. 6 at 323 (March 2003)
• "Emerging Guidelines for Interlocutory Review of Class Certification Orders Under Rule 23(f)," Appellate Advocate (June 1, 2002)
• "Clear Guidance: Post Judgment Orders Denying Sanctions May Be Appealable," San Francisco Daily Journal (February 6, 2002)
• "Dilatory Or Frivolous: Two Recent Cases Address Appellate-Court Sanctions," The Practitioner, Appellate Law, Los Angeles Daily Journal (October 3, 2001)
• "Attorneys' Fee Awards In Federal Class Actions," 2 BNA Class Action Litigation Report, No. 15, at 561 (August 2001)
• "Red Cow; Sister-State Decision May Have Collateral Estoppel Effect," The Practitioner, Appellate Law, Los Angeles Daily Journal (June 6, 2001)
• "Dual Action: Limited Jurisdiction Remains In Trial Court After Filing of Appeal," The Practitioner, Appellate Law, Los Angeles Daily Journal (April 4, 2001)
• "Confusion Solution; Bone Up on Appellate Rules Instead of Peppering Staffers With Questions," Dicta, Los Angeles Daily Journal (October 24, 2000)
• "Illusory Fortress: Regardless of Previous Peremptory Challenges, A Party Should Be Able to Avoid Litigating Before a Judge Whose Decision Was Overturned," The Adviser, Appellate Law, Los Angeles Daily Journal (October 9, 2000)
• "Cooperative Federalism; Attorneys Should Consider Certifying Unsettled State-Law Questions," The Practitioner, Appellate Law, Los Angeles Daily Journal (June 7, 2000)
• "Resetting The Clock; Discovery Timeline Automatically Restarts At New Trial Date," The Practitioner, Appellate Law, Los Angeles Daily Journal (April 5, 2000)
• "Coming To Terms On Settlement Class Actions After Ortiz And Amchem," Washington Legal Foundation, Critical Legal Issues: Working Paper Series (March 2000)

Experience

Legal Education

Undergraduate Education

Professional Admissions / Qualifications

• California
• Pennsylvania

Court Admissions

• U.S. Supreme Court
• U.S. Court of Claims
• U.S. District Court - Central District of California
• U.S. District Court - Eastern District of California
• U.S. District Court - Northern District of California
• U.S. District Court - District of Minnesota
• U.S. Court of Appeals - District of Columbia Circuit
• U.S. Court of Appeals - First Circuit
• U.S. Court of Appeals - Second Circuit
• U.S. Court of Appeals - Third Circuit
• U.S. Court of Appeals - Fourth Circuit
• U.S. Court of Appeals - Fifth Circuit
• U.S. Court of Appeals - Sixth Circuit
• U.S. Court of Appeals - Seventh Circuit
• U.S. Court of Appeals - Eighth Circuit
• U.S. Court of Appeals - Ninth Circuit
• U.S. Court of Appeals - Tenth Circuit
• U.S. Court of Appeals - Eleventh Circuit
• U.S. Court of Appeals - Federal Circuit

Professional Affiliations

• American Academy of Appellate Lawyers (Fellow) (Director 2007 to present)
• American Law Institute (Member)
• American Bar Association (Tort & Insurance Section; Appellate Judges Conference; Appellate Advocacy Committee)
• American Council of Appellate Lawyers (Member)
• California Academy of Appellate Lawyers (Member) (President, 2003-04)
• Third Circuit Bar Association (President, 2009-10)
• Federal Bar Association (Vice-Chair of the Appellate Law and Practice Committee)
• Defense Research Institute (DRI) (Appellate Advocacy Committee; Lawyer's Professionalism and Ethics Committee)
• Los Angeles County Bar Association (Trustee, 2002-2004; Appellate Courts Committee, 1991-present, Chair, 1999-2001; Judicial Evaluation and Nomination Committee, 1996-present; Litigation Section, 1991-present; Committee to Select "Outstanding Jurist," 1998 & 2002)
• Los Angeles County Bar Association Foundation (Director, 2001-present; Secretary, 2004-05; Vice-President/Treasurer, 2005-06; Senior Vice-President, 2006-07; President-Elect, 2007-08; President, 2008-09; Member of Grants Committee, 2003-present; Chair of Grants Committee, 2004; Chair of Audit Committee, 2005; Chair of Finance Committee, 2006-07; Chair of Nominating Committee, 2007-08)
• State Bar of California (Litigation Section, 1978-present; Appellate Courts Committee, 1992-1994)

Interests

When not taking care of the firm's clients or writing about the law, Jim spends time with his family, and particularly enjoys watching youth sports. Borrowing from Keith Jackson and Chris Schenkel, in his opinion, there is no better way to spend a summer, fall, winter or spring afternoon.