James Scott Murphy

For over thirty five years I have been involved with claims, risk management/transfer, insurance programs/underwriting/coverage and trial defense of academic institutions, associations, businesses, educational groups, employees, employers, guards (security), half-way or prison associated facilities/programs, individuals, professionals (accountants, architects, agents, brokers, designers, doctors, engineers, inventors, lawyers and security services providers), manufacturers, suppliers, construction contractors, security providers and governmental entities.

In addition to claims, risk management, underwriting and litigation trial defense as a panel approved trial counsel, my experience also includes private retention as an outside general counsel or consultant, regional trial counsel or national trial counsel. My experience ranges from working for some of the largest international manufacturers, property owners/operators,or businesses with involvement in litigation defense and litigation management but also insurance and reinsurance program development. I have been involved with many class action, multi-district or repetitive litigation programs including the recent increase in False Claims Act matters. But my representation is not limited to just large national/international clients – and regularly includes a variety of smaller, local or regional sole proprietorships or corporations as local trial counsel.

My experience includes working with most domestic and international D&O/FL/GL/CGL/PL or custom primary policy programs and forms, excess and umbrella programs and forms, specialty insurance programs and forms, self-insurance programs or forms, captive insurance programs and forms, risk avoidance or transfer programs, claims and risk management programs, in-house legal and claims operations, outside counsel legal and claims operations, and third party administrator operations including operations associated with small and large broker operations.

As a result, my retention is often directly by the individual or business that is involved in litigation (locally, regionally or nationally) or through an insurer (we are panel approved by many domestic and international underwriters) or third party administrators that seek to provide their insureds/clients with experienced trial defense counsel that develop and maintain a professional relationship with the insured resulting any significantly higher rates of renewal for the underwriter, lower LAE, and greater satisfaction for the defendant/insured. We take pride in providing customized, individual, personal and professional legal representation that is respectful of the business or profession that the defendant engages in while managing the defense appropriately for both business and insurer while obtaining excellent trial defense results.

With active licenses in California and New Jersey, I have been privileged to have handled state and federal litigation in many/most of the states in our country – whether in the capacity of local, regional or national coordinating or trial counsel and in single suit, national challenges, class action litigation and/or multi-district litigation.

In recent years my practice has expanded to include retention as a professional mediator/facilitator or private Judge/Arbitrator in cases nationwide in the Areas of Practice listed below. If you are tired of excessive mediation charges by national or regional mediation groups and local retired Judges – or the often inexperienced or ineffective local or court panel mediators, please give me a call. No exposure is too large or too small.

80% Of Practice Devoted To Litigation
20% Of Practice Devoted To Coverage, Insurance Programs And Litigation Or Claims Risk Management

Areas Of Practice:

Business Owners/Operator Liability and Premises Liability

Homeowners, Property Owners, Landlords, Manufacturers, Contractors, Retailers, Wholesalers, Property Managers or Associations, Skilled Nursing or Assisted Living Homes, Hotels, Motels, Leisure & Hospitality, Dram Shop Liability, Grocery Stores, Convenience Stores, Shopping Malls, Health Clubs, Beauty and Tanning Salons, Health Clubs, Car Washes, Machine Shops, Industrial Shops, Restaurants, Bars, Taverns, Night Clubs, Gentlemen’s Establishments, Commercial or Industrial Business Operations, Sporting and Concert Venues, and Amusement Park operations.

Burns and Catastrophic Injury or Damages Cases

Accelerant Burn cases; Chemical Burn Cases, Clothing burn cases; Equipment Burn Cases, Electrical Burn Cases, Explosion or Detonation Burn Cases, Factory and Warehouse Explosion investigations or cases, Plumbing or Water Burn Cases, Product Liability Burn Cases, Beauty and Salon Burn Cases, Playground Accidents and Burn Cases;

Brain injury, limb loss, vision loss, hearing loss, permanent disfigurement and all other life altering permanent or residual injury cases.

Construction Related Liability

Representation of Architects, Bridge Painters, Bridge Contractors, Contractors, Construction Managers, Concrete and Foundation Contractors, Developers, Earth Movers, Engineers, Excavators, Design Professionals, Equipment Operators, Electrical and Plumbing Contractors, Framing Contractors, Health & Safety Managers, Roofing Contractors, Window Manufacturers and Installers, Scaffold Operators, Construction Site Suppliers, Property Owners, Welders; Insurers and Insurance Programs including CGL, PL, OCP, OCIP, Wrap-Up Programs, Completed Operations, Equipment, etc.

Education Related Liability

Camps and Youth Programs (public, private, non-profit); Contracts and Compliance; Day Care Centers or Schools; Elementary & Secondary Schools; Employment Related Liability; E & O and D & O; High Schools, Insurance Policies and Programs; Molestation; Security and Privacy Liability; School Board Legal Liability; Teacher Liability; Transcripts and Records Liability. I handle the defense of False Claims Act and associated Whistleblower Retaliation claims involving federal and/or state allegations brought against academic or scientific research institutions – whether for profit or non-profit.

Employment Related Liability

All forms of Employer Legal Liability exposures including Discrimination, Harassment, Retaliation, Law Against Discrimination claims, CEPA and related claims. EPLI policies and programs. Insurance Coverage Disputes. Constitutional Discrimination Claims. Represent businesses, commercial operations, associations, individual supervisors or employers, non-profit companies, governmental agencies, law firms, claims operations, brokerage operations, retailers, service industry employers, manufacturing employers, educational employers, family business employers, small and large employers of all types. I also handle the defense of False Claims Act and associated Whistleblower Retaliation claims involving federal and/or state allegations brought against employers in the academic or scientific research institution setting – whether for profit or non-profit. We also perform employer investigations involving discrimination, harassment or False Claims allegations.

Financial Lines Liability

Represent ACA, Banks, Credit Unions, Collectors, Finance Companies and Credit Card Issuers, Lenders, Loan Servicers, Third Party Debt Collectors, FDCPA class action litigation; Trust Managers, Fiduciaries, Cash Handlers and Transporters including Fidelity and Crime exposures. Litigation Defense as well as Insurance Policy Interpretation and Coverage Disputes.

Professional Liability Litigation

Accountants Professional Liability; Allied Professional Liability; Ambulance and EMS Professional Liability; Business and Insurance Agents and Brokers Liability; Counseling Professional Liability (counsellor, psychiatrist, psychologist, social worker, drug and alcohol rehabilitation counselling); Hospital Professional Liability; Medical Stop Loss; Dental Professional Liability; Vision and Medical Professional Liability; Legal Professional Liability; Pharmacist Professional Liability; Technology and Security or Cyber Security Liability (including cyber and privacy, data risk, communications service provider, law firm, computer and software and peripherals and device manufacturer liability.

Products Liability Litigation

Product Design and Product Manufacturing/Supplier Liability; Appliances, Amusement Park Rides, Athletics, Beauty & Hygiene, Beverages & Food; Boiler and Machinery, Commercial or Consumer Equipment; Chemicals-Accelerants and Containers; Explosion or Combustion Cases; Clothing; Chain Saws; Electronics, Elevators and Escalators; Furniture; Heating Pads or Blankets; Medical Device or Product; Rental Equipment; Roller Coaster design, manufacture and set-up; Spas or bath equipment; Sports Equipment; Pharmaceutical; Tractors-Bobcats-Excavators-and other industrial or commercial equipment;

I also handle the defense of False Claims Act claims involving federal and/or state allegations brought against manufacturers, sellers or suppliers to the US government by the USA or Whistleblowers involving either military or other governmental contexts.

Specialty Liability Litigation

Antiques and Collector Cars; Fine Art; Conversion; Cargo and Shipping; Fiduciary Losses; Recreational or Home Equipment including snowmobiles, snow skis, snow boards, watercraft, boats, jet skis; ATV’s, farm equipment, chain saws and leaf blowers, snow blowers, sky diving; parachutes, horseback riding or equine activities, golf courses, sport equipment, batting cages, vessel manufacturing, amateur clubs and associations, concert halls and performances, fireworks and firearms.

Transportation

Automobiles, Buses, Cargo claims, Container claims, Terminal disputes, Trucking and Motor Carrier accidents, Commercial Automobile, Rental vehicles accidents, Limo and Taxi accidents, Delivery vehicle accidents, Trailer accidents including loading and unloading, Bobtail exposures; warehouse; Garage Keeper; Blue and Brown Water Marine; Private Fleets; Short and Long Haulers; Mass Transit; Commercial and School Buss accidents; Railway accidents.

Bar Admissions:

California, 1985
New Jersey, 1994
U.S. District Court – Central District of California – 1985
U.S. District Court – Eastern District of California – 1985
U.S. District Court – Northern District of California – 1985
U.S. District Court – Southern District of California – 1985
U.S. District Court – District of New Jersey – 1994
U.S. District Court Northern District of Florida, 2009
U.S. Court of Appeals – Third Circuit – 1998
U.S. Court of Appeals – Second Circuit – 2009
Pro Hoc Admission before most United States District Courts and many State Courts throughout the United States.

Education:

Pepperdine University School of Law
The Johns Hopkins University

Professional Associations And Memberships:

Claims and Litigation Management Alliance (CLM)
Defense Research Institute (DRI)
International Association of Defense Counsel (IADC)
International Association of Privacy Professionals (IAPP)
New Jersey Defense Association (NJDA)
Professional Liability Defense Federation (PLDF)
Professional Liability Underwriting Society (PLUS)
Transportation Lawyers Association (TLA)

Fraternities/Sororities:

Sigma Nu