Paul M. James, Jr.

A shareholder since 1998, Mr. James is a member of the litigation practice group and has almost 30 years experience representing numerous corporations, small businesses, insurance companies, and individuals. Mr. James has successfully defended many insurance agents, termite companies, automobile dealerships, trucking companies, real estate companies, and other businesses, both large and small, throughout the state of Alabama. Mr. James has also represented correctional health care providers in both state and federal courts in Alabama for over 15 years.

Mr. James also maintains a broad-based employment practice, representing companies in both employment matters and Workers’ Compensation cases. In addition, he serves as general counsel for several businesses in central and south Alabama.

A native of Selma, Mr. James received his undergraduate degree from Washington and Lee University in 1986. He is a 1992 graduate of Cumberland Law School, where he was an associate editor of the American Journal of Trial Advocacy and a member of the Henry Upson Sims Moot Court Board.

Recent Practice Highlights

Mr. James recently obtained two summary judgments in favor of pest control operators based here in Alabama.

The first dealt with the preparation of a Wood Infestation Inspection Report wherein the Plaintiff claimed the information prepared by the pest control operator was fraudulent and designed to encourage the sale of a property to the detriment of its purchaser. The Circuit Court granted summary judgment in favor of the pest control operator and the Plaintiff declined to appeal.

James also obtained summary judgment for another pest control operator in a case involving a Wood Infestation Inspection Report (“WIIR”). In that matter, the Plaintiff claimed the WIIR improperly represented the scope and extent of damage within the home. It was undisputed that the termite letter disclosed to the Plaintiff that termite damage existed in the home. Despite this disclosure and despite the disclaimers contained within the Alabama Department of Agriculture and Industries WIIR form, the Plaintiff proceeded to close on the home. The Trial Court rejected the Plaintiff’s arguments that the WIIR was prepared in a fraudulent, negligent, and wanton manner and granted summary judgment in favor of the pest control operator.

The Plaintiff sued a Birmingham based termite company arising out of extensive termite damage in her multi-million-dollar home.  The Plaintiff claimed improper treatment and inspections over the course of 35 years. The Arbitrator returned a small verdict in favor of the Plaintiff, the amount of which was less than 3% of the amount sought by the Plaintiff within the arbitration proceeding.  The Arbitrator also issued an opinion agreeing with most every defense promulgated by the Defendants.

The Alabama Supreme Court recently affirmed a Summary Judgment in favor of an insurance agent represented by Paul James.  James obtained Summary Judgment in the Jefferson County Circuit Court – Bessemer Division in a case involving serious allegations that an insurance agency and its individual agent failed to procure insurance  for a business prior to a fire consuming a building that housed the Plaintiffs’ business.  The Plaintiffs argued that the failure to procure prohibited them from filing a claim for insurance benefits and that the agency knew or should have known that such insurance was necessary under the business arrangement between the two.   The Alabama Supreme Court affirmed the lower court’s judgment in favor of James’ client on Friday, September 16, 2016.

Received another Summary Judgment on behalf of an insurance agent and his agency.  The Trial Court held that Summary Judgment was appropriate because the agent and agency had breached no duty owed to the Plaintiff and that under current Alabama law, the agency could not be liable for failing to procure property damage insurance on a building in advance of a fire that ultimately destroyed the building at issue.

Obtained summary judgment in favor of a Montgomery based logistics company sued as a result of a significant leg injury suffered by the Plaintiff at a local manufacturing facility.  The defense argued correctly that the company did not breach any duty owed to the Plaintiff and that arguably, the Plaintiff’s action constituted contributory negligence as a matter of law.

Obtained Dismissal of Claims against CPA sued for fraud. Plaintiffs filed two Motions to Reconsider which were denied by trial court. Plaintiffs declined to appeal.

Paul James recently won a summary judgment on behalf of a Southeast Regional Property Management Company who was sued as result of a slip and fall in West Central Alabama.

Recently obtained a summary judgment for the pest control company in a South Alabama case arising out of Plaintiffs’ claims that termites had infested the home.

Received summary judgment in favor of a local insurance agent and agency in the Tallapoosa County Circuit Court. In the case, the Plaintiff alleged fraud in the sale of a life insurance policy with an annuity rider. Specifically, the Plaintiff claimed he wanted only the annuity portion of the policy and claimed misrepresentations were made both orally and in writing to him at the time of presentation.  The defense countered by pointing out that material disclosures, in writing, were made to the Plaintiff at the time of presentation and that the Plaintiff knew or should have known exactly what they were purchasing based on the written documentation provided to him by the agent.

The Alabama Supreme Court recently affirmed the entry of a Motion for Summary Judgment in favor of one of Mr. James’ clients in a wrongful death action. The case involved whether special circumstances existed that required an information reporting company to go beyond the scope of its contract to inform an employer about the criminal acts of a perspective employee. The opinion also affirmed summary judgment on critical issues concerning background check foreseeability of criminal conduct and whether a direct versus incidental benefit was owed to other employees or the general public in examining background information for perspective employees. The Alabama Supreme Court, in its unanimous opinion, affirmed summary judgment in favor of Mr. James’ client.

Successfully appealed and won multiple writ of mandamus petitions transferring trucking accident cases away from some of Alabama’s most plaintiff-oriented venues

Secured dismissal, with prejudice, of all claims against a correctional healthcare company accused of failing to comply with applicable standard of care in diagnosing a DVT in a lower extremity of a patient, which ultimately led to an above-the-knee amputation

Secured dismissal of all claims against an ATV manufacturer arising out of a wrongful death case involving allegations of improper manufacturing and design of a steering system used on a vehicle

Served as lead counsel in the successful defense of a large class action case involving numerous property owners who accused a large multi-state company of fraudulent business practices in the rendering of termite-related services on both residential and business properties

Obtained a defense verdict on behalf of a pest control company accused of failing to properly treat and inspect a residential property leading to substantial interior and exterior damage to the plaintiff’s home

Obtained dual summary judgments in two wrongful death matters involving a head-on collision that occurred in the defendant’s lane of traffic

Obtained summary judgment on behalf of a correctional healthcare company in a case involving allegations against that company, its doctors, and its nurses, arising out of an alleged failure to properly diagnose lung cancer in a timely manner

Community Involvement

Mr. James is an active member of First United Methodist Church in Montgomery, where he has served as the church’s lay leader and where he has taught Sunday School for almost 20 years. Mr. James has also been a long time board member serving on the Organizational Board for the American Cancer Society’s Vintage Affair, Central Alabama’s largest fundraiser to fight cancer.  Mr. James currently serves as the President of the Montgomery Alumni Association of the Washington and Lee University and represented the class of 1986 as the Class Agent for over 15 years, interacting with class members and the University as the chief fundraiser for the class.  Mr. James has also been involved with service work with the Montgomery Museum of Fine Arts.

Honors and Awards

Associate Editor – American Board of Trial Advocacy

The Best Lawyers in America® (2011 – 2021).

Presentations

Mr. James regularly addresses groups and clients regarding legal developments impacting small businesses and insurance companies.  Mr. James has also conducted legal seminars on a variety of issues, including fraud-based litigation and correctional healthcare.

• Professional Liability and Licensure Matters
• Insurance Defense and Coverage Law
• Commercial, Complex, and Class Action Litigation
• Labor and Employment Law
• Construction Law

• B.A., Washington & Lee University, 1986
• J.D., Cumberland School of Law, 1992

• Alabama State Bar
• Montgomery County Bar Association
• American Bar Association
• Alabama Defense Lawyers Association
• Defense Research Institute

• Alabama
• U.S. District Court, Southern District of Alabama
• U.S. District Court, Middle District of Alabama
• U.S. District Court, Northern District of Alabama