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Overview

Jim is an experienced trial lawyer who primarily represents companies threatened by business-critical lawsuits, including class actions and mass actions.

He also focuses his practice in the area of trust, estate and fiduciary disputes, representing clients in complex controversies involving claims of breach of fiduciary duty, fraud, undue influence and conflicts of interest.

  • Currently lead trial lawyer for The Kansas City Southern Railway Company in a mass tort action involving a collision between a freight train and a passenger bus. Jose Luis Rabago v. Kansas City Southern Company, et al., Cause Number 16SL-CC00482
  • Obtained jury verdict 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
  • Obtained 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 Walgreen Co. and Express Scripts. Express Scripts Inc. v. Walgreen Co., American Arbitration Association, Case No. 51-193-Y1144-11.

Industries

Services

Recognition

  • Benchmark Litigation, Local Litigation Star, 2015-2019
  • Missouri & Kansas Super Lawyers, Business Litigation, 2011-2017
  • Client Choice Award, Excellence in Client Service, 2014

Education

  • J.D., Saint Louis University School of Law
    • magna cum laude
      • Order of the Woolsack
      • American Judisprudence Award, Contracts, Bankruptcy and Property
  • B.A., Washington University in St Louis
    • Psychology

Admissions

  • Missouri
  • Illinois

Professional Associations and Memberships

  • American Health Lawyers Association
  • Association of Private Sector Colleges and Universities (APSCU), Allied Member
Experience
  • Lead Counsel for The Kansas City Southern Railway Company (KCSR) in a case where KCSR sought millions of dollars in damages from a large international steel company for property damage sustained in a train derailment. The steel company filed a counterclaim seeking millions in property damage to its cargo, alleging that KCSR was at fault for the derailment. After a two-day evidentiary hearing, the steel company dismissed its counterclaim and the case settled shortly thereafter on favorable terms for KCSR. The Kansas City Southern Railway Company v. Evraz Inc., d/b/a Oregon Steel Co., Case No. 2:08-CV- 00054-ERW
  • Successfully prosecuted professional negligence case on behalf of The Kansas City Southern Railway Company against the designer of certain concrete railway bridge girders which were installed on KCSR’s railway line in Texas. The Kansas City Southern Railway Company v. Design Nine, Inc., Case No. 44,824 (Wharton County, Texas Circuit Court).
  • Successfully defended Monsanto in a class action filed by a farmer claiming certain improprieties occurred in the execution of their license agreements with Monsanto. After Monsanto rejected plaintiffs’ eight-figure settlement demand, the court granted Monsanto’s motion to deny class certification. Eugene Stratemeyer v. Monsanto Co., U.S. District Court for the Southern District of Illinois, Case No. 4:99-cv-04197- WDS-GBC
  • Represented Suddenlink Communications in a case against its arch competitor FiberNet LLC after FiberNet sued Suddenlink for tortuous interference in connection with five former employees who left FiberNet and went to work for Suddenlink. Suddenlink filed a counterclaim, alleging that FiberNet defrauded Suddenlink in connection with certain representations it made to gain the West Virginia Public Service Commission’s approval of its merger with nTelos. After a court hearing on FiberNet’s motion to dismiss Suddenlink’s counterclaim for fraud, the case was settled on favorable terms. FiberNet, now as part of nTelos v. Suddenlink Communications, et al., Kanawha County Circuit Court, State of West Virginia, Case No. 11-C-388
  • Defeated motion to certify nationwide class of consumers who alleged that their automobile was wrongfully repossessed in violation of the UCC. General Credit Acceptance Company v. David Deaver; Cause Number 11SL-CC2888-02 (St. Louis County Circuit Court).
  • Successfully defended claim brought by beneficiaries for breach of fiduciary duty and other torts against the trustees of a family trust. Chad Logan and Amanda Logan v. Paula Logan, Larry Van Tuyl, Daniel Mattox, Robert Holcomb, et al., Case No. 16CV02585 (Johnson County Kansas District Court) 
  • Currently defending trustees in an undue influence case. Pauline Jackson v. James Mannion, et al.; Case No. 16SL- PR03703, (St. Louis County Circuit Court)
  • Defeated motion for class certification in putative class action in which plaintiffs alleged they were misled about their post-graduation employment prospects and the quality of their education. Spencer v. Vatterott Educational Centers Inc., Case No. 6:12-CV-00116 (E.D. Okla.)
  • Defeated class action where former students alleged they were deceived during the enrollment process with respect to placement rates and transferability of credits. Jeffers v. Vatterott Education Centers, Inc., Case No. 11BU-CV00252 (Cir. Ct. Buchanan County, Mo.)
  • Defeated motion to certify class for Career Education Corporation and Sanford-Brown College in a student consumer fraud case filed in Madison County, Illinois, one of the most friendly plaintiff venues in the country. Students alleged that they were deceived regarding the schools placement rates. Lilley, et al. v. Career Education Corp., et al., Case No. 08-L-113 (Cir. Ct. Madison County, Ill.)
  • Currently representing one of the world’s largest institutional pharmacies in a breach of contract action brought by the State of Missouri. State of Missouri, Office of Administration, Division of Purchasing and Materials Management and the Missouri Veterans Commission v. PharMerica Corporation, Case Number 15AC-CC00275 (Cole County Missouri Circuit Court)
Community Leadership
  • Action for Autism, Board of Directors and Executive Committee
  • Missouri High School Mock Trial Competition, Coach of Nerinx Hall (college-preparatory school for young women in the St. Louis area)