name

James Simon

Member
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Spilman Thomas & Battle, PLLC

North Carolina, USA
    Local Time: Friday 18:16

Practice Expertise

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Areas of Practice

  • Appellate Litigation
  • Chemical
  • Construction Law
  • Deliberate Intent Litigation
  • Energy Law
  • Insurance Coverage & Bad Faith
  • Litigation
  • Product Liability Litigation
  • Toxic Tort Litigation
    • View More

WSG Practice Industries

WSG Leadership

  • Emerging Leaders Group - Group Leader

Profile

Mr. Simon focuses on complex civil litigation and represents a diverse range of clients based in the United States and Europe. He specializes in fast-paced, high-stakes litigation that often requires rapid action to achieve important business objectives in hotly-contested disputes. Mr. Simon developed this experience in various state courts, federal courts, arbitrations, and appellate tribunals.

Mr. Simon's primary practice is commercial litigation. Within that broad category, Mr. Simon regularly handles negotiations and disputes involving contracts, construction law, corporate conflicts, membership/shareholder/partnership disputes, trade secrets/intellectual property, restrictive covenants, land use law, zoning law, and state and federal constitutional issues involving corporate entities and businesses.

Mr. Simon also handles personal injury matters on behalf of a variety of his corporate clients, in addition to advising them on matters relating to pre-injury releases, liability waivers, and arbitration clauses.

Bar Admissions
West Virginia State Bar
North Carolina Bar
United States Court of Appeals for the Fourth Circuit
United States District Courts for the Eastern, Western, and Middle Districts of North Carolina
United States District Courts for the Northern and Southern Districts of West Virginia

Education

  • Pensacola Christian College, B.A., Prelaw, Spanish Minor, magna cum laude, 2014
  • Washington and Lee University School of Law, J.D., magna cum laude, 2017

Areas of Practice

  • Appellate Litigation
  • Chemical
  • Construction Law
  • Deliberate Intent Litigation
  • Energy Law
  • Insurance Coverage & Bad Faith
  • Litigation
  • Product Liability Litigation
  • Toxic Tort Litigation

Professional Career

Significant Accomplishments
  • Successfully argued a case of first impression before the Supreme Court of Appeals of West Virginia involving four certified questions about public employment contract issues
  • Litigating numerous appeals before the Fourth Circuit Court of Appeals and the Supreme Court of Appeals of West Virginia in cases involving breach of contract, arbitration clauses, the Uniform Commercial Code, Constitutional challenges, tax assessment disputes, public-private financing issues, and business zoning matters
  • Representing multinational and regional companies in complex commercial and business litigation
  • Representing construction industry clients in a variety of disputes, including scheduling and delay claims, defect claims, and payment claims
  • Representing clients in litigation involving the constitutionality of legislative and executive actions, substantive due process, procedural due process, equal protection, land use regulations, vested rights, and property tax incentives
  • Counseling clients and defending and prosecuting cases on their behalf in land use disputes, including eminent domain, partition, slander of title, specific performance, and breach of contract actions
  • Representing clients in insurance coverage and bad faith litigation
  • Defending national and regional companies in deliberate intent, toxic tort, premises, and products liability lawsuits

    • Selected Cases

  • Jefferson County Foundation, Inc. v. West Virginia Economic Development Authority, et al., --- S.E.2d ---, 2022 WL 2063006 (2022)
  • Jefferson County Vision, Inc., et al. v. City of Ranson, et al., 2022 WL 1164978 (April 20, 2022)
  • Bradford v. West Virginia Solid Waste Management Board, 866 S.E.2d 82 (2021)
  • Jefferson County Vision, Inc. v. City of Ranson, 2021 WL 4936515 (Oct. 6, 2021)

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    Professional Activities and Experience

    Distinctions

    • Named on the Best Lawyers: Ones to Watch list for Appellate Practice, Commercial Litigation, Insurance Law, Personal Injury Litigation - Defendants, and Product Liability Litigation - Defendants
    • Order of the Coif
    • Davis Moot Court Competition Administrator, Washington and Lee University Moot Court Board
    • Virginia Trial Lawyers Association Award
    • Quarterfinalist, N.Y.U. National Immigration Law Competition


    Articles

    Publications & Presentations

    • Author, “Civil Asset Forfeiture in Virginia: An Imperfect System,” Washington and Lee University Law Review
    • Lead Articles Editor and Staff Writer, Washington and Lee University Law Review
       
       

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