Jim is an experienced trial lawyer who primarily represents companies and business owners threatened by business-critical lawsuits, including class actions and mass actions.
Over the past 30 years, Jim has earned the reputation as a go-to attorney for tough cases for both plaintiffs and defendants. His cases often go all the way to verdict, and he has achieved substantial victories for clients in both bench and jury trials, as well as through the arbitration process. In the past five years alone, Jim has secured six different multimillion-dollar recoveries while representing plaintiffs, including two cases where the client was awarded a substantial sum in attorneys’ fees and prejudgment interest.
Jim is known to fight hard for justice, but his strategic decision-making in high-stakes litigation matters is what clients value most. A sampling of recent cases is listed below.
- Currently lead trial counsel for one of the world’s largest PBMs in a $100,000,000.00 lawsuit against a leading discount card provider regarding a fraudulent scheme to extract commissions from our client. A federal judge in Colorado took the unusual step of piercing the attorney-client privilege under the crime/fraud exception. Jim’s courtroom presence was a central factor in convincing the court to make this important ruling. OptumRx PBM of Illinois, Inc. v. National Benefit Builder’s Inc, et al. Case No. 1:23-cv-03020-NYW-NRN (USDC Colorado).
- Won judgment in the amount of $8,344,573.79 for popular St. Louis restaurant Charlie Gitto’s on an insurance claim after three-week jury trial. SAAC Investments, LLC v. Secura Insurance Company, 20SL-CC02062 (St. Louis County Circuit Court). The judgment included $2,000,000.00 in attorneys’ fees in one of the largest awards of attorneys’ fees ever made by a jury in St. Louis County.
- Won complete dismissal for The Kansas City Southern Railway Company in a mass tort action involving a collision between a freight train and a passenger bus in Mexico. Jose Luis Rabago v. Kansas City Southern Company, et al., Cause Number 16SL-CC00482.
- Won judgment in the amount $2,934,961.13 in favor of LMI Aerospace on a breach of supplier agreement after a week-long bench trial. Also soundly defeated $15,000,000 counterclaim asserted by the defendant. The judgment included over $1,000,000 in attorneys’ fees and prejudgment interest awarded by the court, finding that Jim’s work was “excellent” in a complex case. LMI Aerospace, Inc. v. Intelsat Inflight, LLC, Case No. 209L009002 (Cook County Circuit Court).
- Won multiple defense verdicts after five-week trial on behalf of Career Education Corporation in mass consumer fraud case. Walters, et al. v. Career Education Corp., Case No. 07CY-CV07481.
- Won dismissal of class action against the University of Phoenix alleging the college violated the federal Telephone Consumer Protection Act. Del-Rio Swink v. The University of Phoenix, Case No. 4:13-cv-00461-HEA.
- Lead trial lawyer for Express Scripts, Inc. in confidential arbitration proceeding before the American Arbitration Association (AAA). The case was related to the high-profile business dispute between Express Scripts and Walgreen Co. Express Scripts Inc. v. Walgreen Co., American Arbitration Association, Case No. 51-193-Y1144-11.