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Denver Trial Lawyer James Avery
Lead trial lawyer James W “Jim” Avery is recognized by many professional organizations as a Top Trial lawyer, including America’s Top 100 Lifetime Achievement, Top 100 High Stakes Litigators, America’s Top 100 Attorneys®, National Association of Distinguished Counsel “Nation’s Top One Percent“, Who’s Who Top Professionals “Top Attorney” of North America, Thompson Reuters “Super Lawyer“, National Trial Lawyers Association “Top 100 Trial Lawyer“, and a Newsweek “Top Lawyer.” James Avery has been awarded the prestigious Marquis Who’s Who 2018 Albert Nelson Marquis Lifetime Achievement Award. In 2019, Avery was admitted to practice in the United States Supreme Court (SCOTUS), an honor that requires endorsement of multiple SCOTUS admitted attorneys and scrutiny of federal judges in the District. All of these awards require an absence of disciplinary action in all states where admitted (New York, Colorado and Indiana).
We handle big cases. With over 30 years of successful trial experience, Avery serves as the lead trial lawyer in every case he handles and has been selected as Lead Counsel in major multi-district lawsuits. Areas of expertise include state and federal mass torts, professional liability, sex abuse, civil rights, insurance bad faith, and mass disasters (wildfires, toxic exposure, aviation and trucking accidents).
BAR ADMISSIONS
- NEW YORK (1982)
- COLORADO (1983)
- INDIANA (2003)
- UNITED STATES SUPREME COURT (2019)
- S. DISTRICT COURT-COLORADO (1983)
- SECOND CIRCUIT U.S. COURT OF APPEALS (1984)
- S. DISTRICT COURT-WESTERN DISTRICT NEW YORK (1983)
- S. DISTRICT COURT-SOUTHERN DISTRICT INDIANA (2003)
- SEVENTH CIRCUIT U.S. COURT OF APPEALS (2003)
- TENTH CIRCUIT U.S. COURT OF APPEALS (1983)
- S. DISTRICT COURT-NORTHERN DISTRICT CALIFORNIA (1989)
- S. DISTRICT COURT-SOUTHERN DISTRICT CALIFORNIA (1991)
- DISTRICT COURT-HARRIS COUNTY (HOUSTON), TEXAS (2004)
EDUCATION
- Juris Doctor (J.D.), The University of Denver Sturm College of Law, Denver, Colorado (1982) TOP 15%.
-Barrister’s Cup Fellow (1982)
- B.A., Austin College, Sherman, Texas (1979) TOP 15%.
-Psi Chi National Honor Society
PROFESSIONAL AFFILIATIONS
- Colorado Bar Association
- Colorado Trial Lawyers Association
- Indiana Trial Lawyers Association
- Member, Top 100 Trial Lawyers, NTLA
- Member, Nation’s Top One Percent, NADC
- Member, America’s Top One Hundred High Stakes Litigators
NOTABLE CASES-MULTI-MILLION DOLLAR RESULTS
- Rocky Allen/Swedish Medical Center patient rights HIV exposure case (Landmark case asserting emotional distress harm for negligent hiring of HIV infected surgical technologist). Settled (confidential) on behalf of hundreds of clients as lead trial lawyer.
- Clark v. Estate of Brookoff, 14CA1131 (2016)-Win in Court of Appeals re inapplicability of Dead Man’s Statute when insurance coverage available to cover malpractice verdict.
- Zeiger v. Floyd-2012-Largest post-concussion verdict in Colorado-$1.2 million-after client discharged lawyer Frank Azar for attempting to ‘strong arm’ her into $75K settlement before trial.
- Paraplegia caused by Cardio-thoracic surgeon-2011-Anonymous settlement-$1 million policy limits.
- Death by Rural Hospital ED-2010-Anonymous $875,000 settlement for failure to diagnose aortic dissection leading to death.
- Fairbrother v. Gold Crown Foundation, Inc.-2009-First case to apply Premises Liability Act to hold non-profit sports organization liable for brain injury to participant for failure to use air conditioning-$1.6 million verdict.
- C. v. Liberty Mutual Ins. Co., Bad faith settlement for $1.5 million.
- Hance v. John Eddie Williams, Jr.-2005-Successful jury verdict alleging legal malpractice against ‘tobacco lawyer’ John Eddie Williams in his back yard…Harris County, Texas.
- Gensler v. Wilkes-2002-First “Road Rage” verdict in Colorado-$1.1 million verdict
- Ross E. Apgar, et al. v. William R. Kennedy, Jr., Western Monetary Consultants, Republic Bank of New York and SafraBank – 1998- First case to successfully apply civil RICO in Colorado & California-$13+ million court award. Took on the largest privately owned bank in the world and New York.
- Kerin et al. v. Children’s Hospital Colorado & Edward McCleary MD-1995-Colorado Craniosynostosis Epidemic involved over 600 cases of pediatric neurosurgery-resulted in dismissal of Chief of Neurosurgery and restructuring of Children’s Hospital with University Hospital. Confidential settlement.
- Anonymous Denver children’s hospital Settlement- 1995-Largest malpractice settlement to date under Colorado Health Care Availability Act according to Richard Dana, JAG
- Multiple other confidential million dollar settlements in a variety of cases.
MEDIA
- Fox 31 News story about Shweta Broberg, a 7 y.o. girl from India who lost her leg and blames Children’s Hospital Colorado. Broberg Story
- KPNX 12 News coverage of Lincoln Medical Center and Banner Health Medical Center Patients exposed to HIV Hepatitis in OR-2016.
- Q13, Komo4, King5 News coverage of Northwest Hospital patients exposed to HIV Hepatitis in OR-2016
- Denver Post, FOX31, 4News & 9News coverage of Swedish Med Center patients exposed by dirty needles in OR-2016-2018
- FOX31 & 9News coverage of Amber McCullough (mother of conjoined twins) barred from Children’s Hospital Colorado-2015
- Denver Post Sunday, Denver & The West front page “Nonprofit Liable In Heat Injury,” April 5, 2009.
- Rocky Mountain News Front Page, “Road Rage Victim Awarded $1.1 million” March 12, 2002.
- Sunday Denver Post Front Page for Craniosynostosis Epidemic cases in 1995-1996, four times on front page of Sunday Denver & The West section.
- ABC’s 20/20 with Barbara Walters in 1996 for Craniosynostosis epidemic cases.
- Wall Street Journal in 1996 for Craniosynostosis epidemic cases.
PUBLIC SERVICE ACTIVITIES
- Assisted with formation of Brain Injury associations in Colorado and New York.
- Humanitarian aid trips to South Sudan to assist victims of war.
- Supporter of Cherry Hills Community Church Missions Department
- Supporter of GOAL and WARCHILD non-governmental aid agencies and charities