James A. Lowery

Partner

  • Office Contact Info
  • Biography

    James Lowery is a Partner in the Dallas office of GRSM and a member of the Environmental/Toxic Tort, Commercial Litigation, Trucking & Transportation, and Professional Liability Defense practice groups. He has achieved favorable verdicts in several high-risk cases on behalf of numerous clients in asbestos litigation. He has first chaired more than 40 major asbestos trials in multiple jurisdictions, including Texas, New York, Pennsylvania, Florida, Massachusetts, Delaware, Ohio, Maryland, Louisiana, Virginia, Illinois, and California. James obtained defense verdicts in asbestos trials in some of the most notorious pro-plaintiff jurisdictions, such as Madison County, Illinois, Beaumont and Orange, Texas, Philadelphia, Pennsylvania, and Oakland, California.

    James has represented a wide variety of asbestos clients, including insulation manufacturers, “low-dose” product manufacturers, distributors, contractors, employers, and premises owners. He also has extensive experience in preparing, defending, and cross-examining experts at trial in asbestos matters, including leading challenges to expert testimony under Daubert, Frye and Havner. He has taken a lead role in developing expert witnesses and defense strategies for several clients and has deposed hundreds of experts in the asbestos litigation. James also serves as National Coordinating Counsel for defendants in toxic tort matters.

    In addition to his extensive experience in toxic tort litigation, he has also defended numerous clients in commercial cases. He has defended and tried multiple personal injury claims arising out of trucking accidents. James also has extensive experience in defending catastrophic injury claims from workplace injuries, including caustic burns and oil field accidents.

    James has tried nearly 50 cases during his career and has defended variety of entities and individuals in the professional liability context. He has also consulted with and advised companies, medical and legal professionals and architects and engineers on litigation strategy and regulatory compliance issues. James has frequently represented one of the country’s largest architect and engineering firms in a myriad of professional liability and property damage matters.

    He has also defended clients in numerous environmental claims, involving toxic spills, hazardous waste deposition and property damages issues. He has defended transportation companies charged with criminal, civil, and regulatory violations associated with hauling and disposing of hazardous materials. James has helped multiple clients develop comprehensive environmental handling, warning, labeling, and transportation programs to help minimize long term environmental risks. 

    James previously served more than four years as lead in-house counsel for a Fortune 500 corporation, supervising its national toxic tort litigation, which included an asbestos docket of more than 45,000 cases. He gained considerable experience defending PCB, beryllium, lead, silica, benzene and other toxic exposure claims. He took a lead role in developing the corporation’s defense strategies, developing experts, controlling defense, and indemnity costs and supervising outside counsel in more than 40 jurisdictions. James also co-partnered with several outside counsel in defending the corporation in numerous asbestos trials.

    In addition to his trial experience, James is also a frequent speaker at national toxic tort and litigation conferences. He has written several articles pertaining to asbestos and other toxic tort litigation and is a frequent contributing author on the topic of challenging plaintiff’s experts in all jurisdictions.

    Admissions

    • Texas
    • Florida
    • New York
    • Pennsylvania
    • U.S. District Court, Eastern, Western, Northern, and Southern Districts of Texas
    • U.S. District Court, Western, Northern, and Southern Districts of New York
    • U.S. District Court, Western District of Pennsylvania
    • U.S. District Court, Southern District of Florida

    Memberships

    • Texas Bar College
    • Defense Research Institute
    • The Florida Bar
    • State Bar of Texas

    Community Involvement

    • Frisco, Texas, Youth Baseball Coach
  • Practice Areas
  • Representative Experience

    Representative Experience

    • Trial counsel for equipment manufacturer in seven-week jury trial in Oakland, California, resulting in defense verdict for major firm client. 
    • Lead trial lawyer representing a diversified industrial product manufacturer in asbestos mesothelioma wrongful death claim in the Madison County, Illinois. After nearly four hours of deliberation, the jury returned a unanimous defense verdict on behalf of the client.
    • Lead trial counsel representing a construction company in a wrongful death, gross negligence asbestos trial in Beaumont, Texas. Jury returned an 11-1 defense verdict in favor of the client.
    • Lead trial counsel representing a concrete company in a three plaintiff, catastrophic injury truck crash case in Brownsville, Texas. The jury returned an 11-1 defense verdict in favor of our client. Verdict upheld on appeal to the Thirteenth District of Texas, Corpus Christi-Edinburg.
    • Lead trial counsel for a diversified manufacturing client in asbestos mesothelioma matter. In May 2008, after a three-month trial, the jury returned a plaintiff’s verdict but only allocated 2 percent against the client. In August 2012, the California Court of Appeal reversed the judgment and remanded the matter to the trial court for entry of judgment notwithstanding the verdict in favor of the client.
    • Lead trial attorney for a diversified manufacturing client in asbestos mesothelioma case. After a multi-week trial, and despite plaintiff’s asking for an eight-figure verdict, the jury returned a damages phase verdict for only $123,000, assigning a 1/8 share to the client ($15,375). The plaintiff’s counsel dismissed their claim against the client prior the start of the liability phase of this trial.
  • Publications & Presentations

    Publications

    Presentations

    • How to Settle a Case When You Don't Have all the Answers, GRSM Legal Education Conference, New York and Hartford, May 2019
    • Defending Mass Torts and Products Liability Lawsuits, GRSM Legal Education Conference, New York and Hartford, May 2019
    • Featured Presenter, Utilizing Bankruptcy Trust Evidence in Asbestos Trials, Defense Research Institute Asbestos Medicine Seminars, Austin, Texas, November 2018
  • Education

    Education

    J.D., University of Notre Dame Law School

    B.A., University of Notre Dame

    Honors

    Best Lawyers in America® distinction in Mass Tort Litigation/Class Actions – Defendants (2014-2024)

    AV Preeminent®, Martindale-Hubbell

     
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