James M.Jones (Jim)

Partner

New York + 1.212.326.7838

Jim Jones prosecutes and defends high-stakes commercial actions for industry leaders in sectors from software to steel. In state and federal courts, before arbitration panels, and across three decades, his commercial, class action, and multijurisdictional cases have included breach of contract, business tort, accountants' liability, antitrust, environmental, product liability, False Claims Act, fraud, and consumer fraud claims. In these proceedings, Jim has represented energy companies, financial institutions, educational institutions, telecommunications companies, automotive manufacturers and suppliers, smart meter designers, software and service providers, and medical device and pharmaceutical makers.

Jim's commercial litigation docket involves cases for FirstEnergy Corp. and United States Steel in coal supply agreement disputes and for IBM in software services project disputes. His environmental work includes the defense of former Edison Mission Energy and current NRG affiliates in Clean Air Act litigation initiated by the federal government and various states against current and former owners and operators of coal-fired power plants, as well as the defense of coal and wind power generators in lawsuits brought by owners of property in the area of generating facilities.

Jim's trial experience includes state and federal court jury trials and arbitrations, and his appellate work covers matters before state and federal appellate panels.

Jim has been honored by the Legal Services Corporation, which named him the "Nation's Urban Pro Bono Publico Attorney of the Year" for his work with the homeless. Jim serves on the National Council of The Ohio State University Moritz College of Law.

Experience

  • GenOn defeats putative class action alleging injury and damages resulting from coal ash depositJones Day successfully represented GenOn Energy, Inc. and a subsidiary in a putative class action lawsuit alleging the plaintiffs suffered bodily injury and property damage as a result of the deposit of coal ash near their Pennsylvania homes that had been shipped from various power plants.
  • Midwest Generation prevails on appeal of district court decision paring down Clean Air Act claim in DOJ suitJones Day assisted Midwest Generation, LLC ("Midwest Gen") and its parent, Edison Mission Energy ("EME"), in securing an appellate victory in a case involving an important question of statutory interpretation under the Clean Air Act ("CAA").
  • FirstEnergy defends coal contract dispute with Tunnel RidgeJones Day defended FirstEnergy Corp. in a now-resolved and dismissed lawsuit brought by Tunnel Ridge, LLC in the Court of Common Pleas for Allegheny County, Pennsylvania against FirstEnergy Corp. and three of its subsidiaries, alleging breach of a coal supply agreement, among other claims.
  • IBM defends software services agreement lawsuit brought by Pennsylvania Dep’t of Labor & IndustryIn a lawsuit brought by the Pennsylvania Department of Labor & Industry, Jones Day is defending International Business Machines Corporation (IBM) against breach-of-contract and other claims premised on allegations that IBM failed to deliver a computer system that would aid the administration of both the tax assessment and benefit payment sides of Pennsylvania's unemployment compensation system.
  • Erie defends claims in auto body shop MDL proceedingJones Day is defending Erie Indemnity Company affiliates Erie Insurance Exchange and Erie Insurance Company (together, "Erie") in three federal antitrust lawsuits pending in multidistrict litigation.
  • U. S. Steel wins unanimous defense verdict in breach-of-contract action brought by buyer and reseller of coking coalAfter more than five years of litigation and a week-long jury trial that ended on January 16, 2015, Jones Day client United States Steel Corporation received a unanimous defense verdict in a breach-of-contract lawsuit brought against it by a buyer and reseller of coking coal.
  • EME Homer City secures major appellate victory in important Clean Air Act appealJones Day assisted EME Homer City Generation L.P. in securing an appellate victory in a case involving an important question of statutory interpretation under the Clean Air Act ("CAA").
  • Abercrombie & Fitch resolves putative class action related to Pennsylvania sales tax collectionJones Day client Abercrombie & Fitch Co. resolved a putative class action lawsuit in which plaintiffs alleged Abercrombie incorrectly assessed Pennsylvania sales taxes on clothing purchased online.
  • Education Management Corporation defends federal and state False Claims Act allegationsJones Day is defending Education Management Company (EDMC) against a False Claims Act action brought by private relators and joined by the federal government, several states and the District of Columbia.
  • Midwest Generation obtains dismissal of two class action suits alleging damages from two Illinois coal-fired electrical generation facilitiesOn May 25, 2011, two groups of putative class plaintiffs filed separate lawsuits against Jones Day client Midwest Generation, LLC on behalf of themselves and others similarly situated alleging that client's operation, maintenance, and control of two of its Illinois coal-fired electrical generation facilities caused property and other damages.
  • EME wins dismissal of putative class action alleging violations of Clean Air Act and state lawJones Day is defending EME Homer City Generation, L.P. ("EME"), an independent electrical power producer, in an action brought in the U.S. District Court for the Western District of Pennsylvania by a putative class of private individuals.
  • EME obtains dismissal of federal suit alleging violations of Clean Air Act and related regulationsJones Day is defending EME Homer City Generation, L.P. ("EME"), an independent electrical power producer, in an action brought in the U.S. District Court for the Western District of Pennsylvania by the Department of Justice and the States of Pennsylvania, New York, and New Jersey.
  • AHERF Creditors' Committee successfully appeals award of summary judgment in favor of auditor and limits availability of in pari delicto defense in audit-failure casesJones Day represents the Official Committee of Unsecured Creditors of Allegheny Health, Education and Research Foundation ("AHERF"), formerly the largest integrated healthcare delivery system in Pennsylvania, in a suit against AHERF's auditor.
  • Wyeth wins summary judgment in product liability case involving EffexorJones Day successfully obtained a summary judgment for Wyeth in a product liability action involving Wyeth's antidepressant Effexor.
  • U. S. Steel defends against claims brought by Rosebud Mining and Xcoal for breach of contract and promissory estoppelJones Day defended United States Steel Corporation against claims brought by Rosebud Mining, a coal supplier, and against cross-claims brought by co-defendant Xcoal, a coal broker.
  • Midwest Generation and EME Homer City Generation pursue and defend various commercial claimsOn behalf of independent power producer Midwest Generation LLC and its affiliate, EME Homer City Generation, Jones Day has pursued and defended multiple commercial claims in court and before arbitration panels.
  • Additional Publications

    • June 2003
      Recent Challenges to ‘No Injury’ (and Less Novel) Consumer Protection Class Actions, coauthor, HarrisMartin's Columns: Drugs & Supplements
    • May 2002
      Dietary Supplement Labeling: How Do You Say 'It's Good for You'? HarrisMartin's Columns: Drugs & Supplements
    • Fall 1999
      Some Preventive Measures for Drug and Device Manufacturers, Preventive Law Reporter

    Speaking Engagements

    • October 26, 2015
      Changes to the Federal Rules of Civil Procedure Set to Take Effect on December 1, 2015: What Litigators Need to Know About Them and Other Business Litigation Developments
    • January 28, 2015
      Ethical Issues Attorneys Face When Using Social Media
    • December 19, 2013
      2013 Speaker Series: Year-End Energy Litigation Update
    • October 14, 2010
      2010 Speaker Series: Litigation Roundup
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