Biography
Jim is a Partner in the firm’s Construction Law, General Litigation, Risk Reduction & Avoidance, Insurance Solutions and Toxic Tort and Environmental Law practices. His primary focus is on construction defect and property damage matters, as well as cases filed under New York State’s Labor Law against property owners and contractors. In addition, Jim defends individuals and corporations in complex personal injury matters, including claims of wrongful death and catastrophic injuries such as quadriplegia. He also represents property owners/developers and contractors in matters arising out of Administrative Code Section 3309.4 and the construction and renovation of buildings, and focuses on the need to develop, and implement, a resolution strategy as early in the case or dispute as possible. This approach requires early and close cooperation with the client to understand their priorities, such as preserving a business relationship, or coordinating with their private counsel to insure a coordinated defense or prosecution.
Jim recognizes the importance of risk transfer to clients in all cases, especially cases arising out of construction accidents or disputes. In the past, Jim conducted the in-house training program for a medium sized insurance defense firm, including procedures to transfer risk through available insurance coverage and the terms of contracts or other written agreements. Also, he believes in retaining and working with expert witnesses early in litigation to reinforce the defense, advance affirmative claims and actions, and force cases to an early resolution whenever possible.
Jim also recognizes the need to understand a client’s available insurance coverage and to work with them to ensure all available coverage is put on notice. Most cases cannot be resolved successfully without a complete understanding of the parties’ coverage and when, and under what circumstances, the coverage will be implicated and available to fund a resolution. Jim works with his clients closely and pursues discovery against other parties to develop a complete understanding of the coverage mosaic and, when necessary, will pursue declaratory judgment actions to ensure the required coverage is in place to fund settlements or verdicts. Also, Jim will coordinate with his client as soon as possible if the loss or possible verdict will not be funded through insurance coverage so other alternatives can be pursued.
Education
Temple University School of Law, J.D., 1983
State University of New York at Albany, B.A., magna cum laude, 1979
Honors
Phi Beta Kappa, Phi Alpha Theta
Representative Matters
Acted as lead counsel for a Fortune 500 company and major excavation contractor in a confidential mediation which involved 297 days of construction delays which required the retention of numerous experts to support a claim of differing site conditions based on soil testing, geology of the site, underground water flow and the performance of the machinery used to install the site’s piles.
Acted a lead counsel for Globe Aviation Security Corporation in litigation which arose from the terrorists’ attack on 9/11. Responsibilities included retaining experts; creating a secure computer network to review and produce records; coordination with the Department of Justice regarding the classification of records and their production; represented Globe in meetings with defense counsel; coordinated the defense and resolution of property damage claims and
Coordinated the strategy which led to the dismissal of millions of dollars of claims based on the lesser of two rule established in Fisher v. Qualico.
Acted as lead counsel in a toxic tort matter at a recycling station which resulted in the death of three workers
While an Assistant District Attorney successfully investigated and prosecuted a group of corrupt Police Officers and investigated and prosecuted serious crimes, including homicides, armed robberies and other felonies.
Community
Former youth soccer and basketball coach for Wantagh-Seaford PAL.