Experience
Public Pension Fund Insurance Counseling. Counsels numerous public pension boards in obtaining insurance, and represents those boards in the claim process with insurers and in litigation. Recently prevailed on an appeal with the Ninth Circuit on a coverage matter that resulted in the reversal of a District Court order granting summary judgment to the insurer and the client recouping all of its defense fees for underlying litigation.
Texas Department of Transportation – U.S. 181 Harbor Bridge Replacement. Member of the legal team advising on replacement of the nearly 60-year-old Harbor Bridge spanning the Corpus Christi shipping channel with a new structure that will be the longest cable-stayed bridge in North America.
Texas Department of Transportation – Grand Parkway, Segments H, I-1 and I-2. Part of the trial team assisting with contract administration and claims management in connection with a Dispute Board process – the first of its kind in the State of Texas. The Disputes Board issued a full defense verdict in favor of TxDOT.
Arizona Department of Transportation – South Mountain Freeway. Member of the legal team advising on disputes pertaining to the first P3 project in Arizona – the Loop 202 South Mountain Freeway Project. The largest single contract in ADOT's history, the freeway development is also ADOT's first DBM project and the longest-term DBM contract to date in the U.S. transportation sector. Represented client in claim dispute process and contract administration.
Federal Deposit Insurance Corporation v. Galan-Alvarez, et al. Representing the FDIC in $250 million lawsuit against directors and officers of failed Puerto Rico Bank and corresponding insurance coverage action against D&O and excess carrier. In settling the case, the client received the second largest individual contribution in the history of the FDIC from the directors. Prevailed on summary judgment motion against the insurance carrier.
Sonora HOA vs. Regency Skyport, et al. Defended public agency developer and general contractor in a major construction defect matter in Santa Clara Superior Court with related insurance coverage litigation, and accompanying insurance coverage disputes involve potential coverage under a $25 million "wrap" policy issued for the project and additional insured coverage under policies issued to subcontractors. Negotiated favorable confidential settlements of the main action and insurance proceeding.
Local Transportation Agencies. Represented San Francisco County Transportation Agency in pre-litigation claims negotiations related to stop loss notice filed by worker of general contractor, and San Francisco Bay Area Water Emergency Transportation Authority and other transportation agencies in California on issues related to public bidding process and protests. This is part of Jim’s practice related to stop loss and mechanics’ lien disputes.
