JAMES R. GALLAGHER |
James R. Gallagher is a partner in the law firm of Gallagher, Gams, Pryor, Tallan & Littrell, L.L.P. where he practices in the areas of bodily injury litigation, products liability, wrongful death, bad faith, policy coverage issues with a special emphasis on uninsured motorist coverage, and general insurance defense. He is a frequent lecturer on these subjects. Mr. Gallagher was born in Ironton, Ohio, in 1956. He was admitted to the Ohio bar in 1981; the U.S. District Court for the Southern District of Ohio in 1982; the U.S. Court of Appeals for the Sixth Circuit in 1984; the U.S. District Court for the Northern District of Ohio in 1987; and, the U.S. Supreme Court in 1994. He is AV peer rated by Martindale-Hubbell.
Education
Mr. Gallagher received his B.S. degree from Miami University in 1978 and his J.D. degree from The Ohio State University in 1981 where he was the recipient of the American Jurisprudence award for excellence in the study of evidence.
Professional Associations and Positions Held
Mr. Gallagher is a member of the Ohio Association of Civil Trial Attorneys (OACTA). He served as President of the organization in 2005. He previously served as: Treasurer, 2002; Secretary, 2003; and, Vice President, 2004. He was Chair of the Insurance Coverage Committee from 1995 to 2003 and was a member of the Board of Directors for OACTA from 1997 to 2006.
He is a member of the American Board of Trial Advocates (ABOTA). He served as Secretary of the Ohio Chapter of ABOTA in 2011. He is currently President-Elect of the organization for 2012.
Mr. Gallagher is a member of the Defense Research Institute (DRI) and presently holds the position of OACTA Liason to the DRI Judicial Task Force. He is also a member of the Ohio State and Columbus Bar Associations. He is a former member of the International Association of Defense Counsel (IADC).
Awards and Honors
- 2012 Selected to Super Lawyers. Only 5% of the lawyers in the State of Ohio are selected based upon peer recognition and professional achievement.
- 2008 OACTA Distinguished Service Award, for Supreme Court Amicus Brief in Advent v. Allstate Ins. Co.
- 2007 OACTA Public Service Award, for contributions related to enactment of SB 117.
- 2005 OACTA President’s Award.
- 1999 OACTA Frank S. Hurd Member of the Year.
- 1999 Columbus Association of Legal Secretaries, Boss of the Year.
- Earned Martindale-Hubbell “A-V” peer review designation. (Legal ability “Preeminent” and general ethical reputation “Very High”)
Published Opinions
- Roger v. Kazee, 10 Ohio App. 3d 139 (1983);
- Muirfield v. State Farm Ins. Co., 22 Ohio St.3d 54 (1986);
- Dorrow v. Kendrick, 30 Ohio Misc. 2d 40 (1987);
- Dues v. Hodge, 36 Ohio St.3d 46 (1988);
- Burwell v. American Edwards Lab., 62 Ohio App.3d 73 (1989);
- Cincinnati Ins. Co. vs. Phillips, 44 Ohio St.3d 163 (1989);
- Tomlinson v. Skolnik, 44 Ohio St. 3d 11 (1989)
- Cincinnati Ins. Co., v. Phillips (Rehearing), 52 Ohio St.3d 162 (1990);
- State Farm Mut. Auto. Ins. Co. v. McCauley, 921 F.2d 673 (Sixth Circuit, 1990);
- Ross v. Nationwide Mut. Ins. Co., 63 Ohio St.3d 33 (1992);
- West American Ins. Co. v. Dutt, 70 Ohio App.3d 422 (1992);
- Wright vs. State Farm Mut. Auto Ins. Co., 62 Ohio St.3d 408 (1992);
- Yearling v. State Farm Ins. Co., 76 Ohio App. 3d 559 (1992)
- Garlikov v. Continental Casualty Co., 68 Ohio St. 3d 91 (1993)
- Braden v. State Farm Mut. Auto. Ins. Co., 92 Ohio App.3d 777 (1994)
- Hillman vs. Hastings Mut. Ins. Co., 69 Ohio St.3d 1203 (1994)
- Newman v. United Ohio Ins. Co., 68 Ohio St.3d 170 (1994)
- State Farm Mut. Auto. Ins. Co. v. Reinhart, 71 Ohio St.3d 654 (1995)
- Campbell v. Daimler Group 115 Ohio App. 3d 783, (1996)
- Owens v. State Farm Mut. Auto Ins. Co., 112 Ohio App. 3d 200 (1996)
- State Farm Mut. Auto. Ins. Co. v. Reinhart, 114 Ohio App.3d 625 (1996)
- Stover v. State Farm Ins. Co., 127 Ohio App.3d 590 (1998)
- Balatgek v. State Farm Mut. Auto. Ins. Co., 82 Ohio St.3d 384 (1998)
- Alrjub v. Wheeler, 88 Ohio St.3d 544 (2000)
- Holcomb v. State Farm Ins. Cos., 88 Ohio St.3d 537 (2000)
- Justice v. State Farm Ins. Co., 145 Ohio App.3d 359 (2000)
- Karr v. Borchardt, 88 Ohio St.3d 535 (2000)
- Littrell v. Wigglesworth, 88 Ohio St.3d 535 (2000)
- Meece v. State Farm Mut. Auto. Ins. Co., 88 Ohio St.3d 547 (2000)
- Moroney v. Annis, 88 Ohio St.3d 506 (2000)
- Stephenson v. Grange Mut. Cas. Co., 88 Ohio St.3d 1241 (2000)
- Rogers v. State Farm Mut. Auto. Ins. Co., 88 Ohio St.3d 546 (2000)
- Davidson v. Motorists Mut. Ins. Co., 91 Ohio St.3d 262 (2001)
- Davis v. State Farm Mut. Auto. Ins. Co., 92 Ohio St.3d 212 (2001)
- Steinbach v. State Farm Mut. Auto Ins. Co., 92 Ohio St.3d 210 (2001)
- Bobb Forest Products, Inc. v. Morbark Industries Inc., 151 Ohio App. 3d 63 (2002)
- Fulmer v. Insura Prop. & Cas. Co., 94 Ohio St.3d 85 (2002)
- Kemper v. Michigan Millers Mut. Ins. Co., 98 Ohio St.3d 162 (2002)
- Roeder v. Grange Mut. Cas. Co., 98 Ohio St. 3d 389 (2003)
- Advent v. Allstate Ins. Co., 118 Ohio St. 3d 248 (2008)
- Wohl v. Swinney, 118 Ohio St.3d 277 (2008)
- Feazel v. Mills, 123 Ohio St.3d 240 (2009)
- Neal-Pettit v. Lahman, 125 Ohio St.3d 327 (2010)
- Shenyey v. Glasgow, 124 Ohio St.3d 237 (2010)
Representative Matters
- Involved daily in counseling and representing insurers regarding insurance coverage issues pertaining to personal automobile, homeowners, commercial automobile and commercial general liability policies in trial and appellate courts throughout Ohio.
- Representation of insurance companies regarding claims of bad faith, misrepresentation, and punitive damages in trial and appellate courts throughout Ohio.
- Representation of insurance agents regarding claims of negligence, misrepresentation and breach of duty in trial and appellate courts throughout Ohio.
- Representation of individuals in claims involving wrongful death, dismemberment and significant bodily injury in trial and appellate courts throughout Ohio.
- Representation of sawmill owner/operator in Uniform Commercial Code lawsuit against manufacture of defective saw causing failure of sawmill operation.
- Representation of client in products liability/punitive damages suit against manufacturer of artificial heart valve alleged to have been defective.
Presentations
- Recent Developments in Uninsured Motorist Coverage, Ohio Association of Civil Trial Attorneys, Fall Meeting 1991 (October 5, 1991)
- Recent Developments in Ohio Uninsured Motorist Coverage, Ohio Association of Civil Trial Attorneys, Fall Meeting 1992 (October 9, 1992)
- Recent Developments in Insurance Law, Lorman Business Center, Inc., October 13, 1992
- What You Should Know But Are Afraid To Ask About The Liability Of Insurance Agents And Brokers, October 9, 1993
- Ohio Uninsured and Underinsured Motorist Coverage Issues, Professional Education Systems, Inc. (PESI), October 14 and 15, 1993
- Ohio UM/UDM Workshop, Pitfalls and Common Mistakes in UM/UDM Cases: Struggling with the Implications of Savoie, Professional Education Systems, Inc. (PESI), July 14 and 15, 1994
- Counseling Clients on Business Insurance Needs: Property, Casualty, and Liability Insurance, Ohio CLE Institute, May 5, 1995
- Coverage Issues – Box Squares and Highlights, Ohio Association of Civil Trial Attorneys, Fall Meeting 1995 (September 22, 1995)
- Ohio UM/UDM Workshop, Pitfalls and Common Mistakes in UM/UDM Cases, Professional Education Systems, Inc. (PESI), September 28 and 29, 1995
- Ohio Insurance Law, Application of Savoie and Amended S.B. 20, Defendant’s Perspective Ohio CLE Institute, December 6 and 12, 1996
- UM/UDM Update, Ohio Association of Civil Trial Attorneys, Spring Meeting 1997
- Insurance Law Update, Ohio CLE Institute, April 3, 1998
- UM Update and Panel Discussion Regarding Bad Faith Litigation, Ohio Association of Civil Trial Attorneys, Spring Meeting 1998 (April 24, 1998)
- Insurance Law Update, Ohio Association of Civil Trial Attorneys, Spring Meeting 2000 (April 28, 2000)
- Uninsured and Underinsured Motorist Law in Ohio, National Business Institute, November 8, 2000
- Insurance Law Update – Case Law Summary, Ohio Association of Civil Trial Attorneys, Spring Meeting 2001 (April 23, 2001)
- Insurance Law in Ohio, Lorman Education Services, January 25, 2002
- Practice Strategies to Prevent Malpractice, Ohio State Bar Association, Annual Convention, 2002 (May 16, 2002).
- UM/UIM Coverage – The Ohio Supreme Court Rulings. The Impact of the Scott-Pontzer and Linko cases, Insurance Institute of Indiana, 2002 Defense Seminar (June 6, 2002)
- UM -”Scott-Pontzer” Update, Ohio Association of Civil Trial Attorneys, Summer Meeting 2002 (June 21, 2002).
- It Ain’t Over Until the Court Sings, an Update on Recent Developments in UM/UIM Law, Ohio Association of Civil Trial Attorneys, Insurance Coverage Symposium and Seminar (April 4, 2003)
- Insurance Coverage/UM Update, Ohio Association of Civil Trial Attorneys, Winter Meeting 2004
- Take a Walk: New Immunities, Defenses & Other Tort Reform Leftovers, Ohio Association of Civil Trial Attorneys, Tort Reform Symposium 2005.
- Insurance/Negligence Law Update, Ohio State Bar Association (OSBA), May 4, 2006.
- Trials and Developments in UM/UIM Law, OACTA, December 7, 2007. Perspectives on How to Run a State Defense Organization, DRI Regional Meeting, April 26, 2008.
- Tort Reform and The Run Away Verdict, Columbus CPCU Assn., May 13, 2008.
- Masters in Trial Seminar, A Trial Demonstration from Opening Statement to Jury Deliberations, American Board of Trial Advocates (ABOTA), September 5, 2008.
- So You Won (or Lost), What Next? Appellate Seminar, NALS of Ohio, November 1, 2008.
- When You Need A Friend, OACTA is There: Panel Discussion of 2009 OACTA Amicus Curiae Program and Review of Recent Supreme Court of Ohio Decisions and Pending Cases. Ohio Association of Civil Trial Attorneys (OACTA), 2009.
- Effective Opening Statements, Ohio Association of Civil Trial Attorneys (OACTA), Trial Tactics Seminar, 2009.
- Masters in Trial Seminar, Crafting and Delivering a Powerful Opening Statement, American Board of Trial Advocates (ABOTA),2010.
- Developments in Insurance Law, Ohio State Bar Association Annual Convention, 2010.
- Insurance Case Law Update, CPCU Society, Ohio Chapter, 2011.
Community Activities
- St. Andrew Church, Knights of Columbus, 1990 – Present
- Light The Night, Leukemia and Lymphoma Society Annual Fundraiser, 2009 – Present
Areas of Practice
Contact Attorney
You can contact James R. Gallagher at jgallagher@ggptl.com or call (614)228-5151