Commercial Real EstateOwner & Developer
Monte F. James

Monte F. James

Biography

Monte F. James retired from the largest law firm in Austin in 2022, where he was a partner for more than 20 years. During his legal career, he represented several Fortune 500 companies in litigation matters throughout Texas and other states. Litigation for these entities included commercial litigation, healthcare litigation, negligence actions, bad faith claims, antitrust claims, False Claims Act or qui tam actions, reimbursement matters, trademark infringement litigation, and state and federal civil monetary penalty actions.

Real Estate

Today, Monte is a commercial real estate owner and developer in Austin. While he no longer represents unrelated third parties in legal matters, he does provide legal services to his real estate projects and related entities.

Monte F. James

Education

  • B.B.A., Baylor University
  • J.D., Baylor University Law School
  • Dean’s Honors List
Monte F. James

Bar Admissions

  • Texas, 1992
Monte F. James

Court Admissions

  • United States Supreme Court
  • United States Court of Appeals for the Fifth Circuit
  • United States District Courts for the Northern, Southern, Eastern, and Western Districts of Texas
Monte F. James

Board Certifications

Texas Board of Legal Specialization: 

  • Civil Trial Law
  • Personal Injury Trial Law

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Experience

Monte has extensive bench and jury trial experience in both federal and state courts, including more than 20 jury trials. The vast majority of his practice was representing defendants in litigation matters. He has successfully defended clients in hundreds of various litigation matters. He has also represented a number of plaintiffs in commercial cases, some of which resulted in some of the largest recoveries in the U.S., as described below.

Monte’s focus was always on his client’s needs. He understood the business and the economics of litigation. He had several Fortune 500 clients for approximately 20 years because he would inform his defense clients immediately if a case should be settled or tell a potential plaintiff that their case should not be pursued.

Outcomes

Great wins only come through experience, hard work, and the willingness to risk trial over the settlement. When my client’s employee implemented an elaborate scheme to misappropriate company property and covered the trail of his misdeeds, I tried the case to a verdict, recovering not only the full amount taken but 100% of my client’s six-figure attorney’s fees. When my opponent demanded $4 million on the eve of trial in a death case, I tried it to a verdict of approximately 10% of the amount of the demand. When my opponent offered $67,000 for damage resulting from Hurricane Katrina to my client’s six-story residential building in New Orleans, I took 67 depositions and built a case that the same opponent paid $9 million one week before trial in federal court. Another opponent sent an email indicating I had won a TRO in federal court without adequate evidence. Two weeks later, the same federal court issued a preliminary injunction in my client’s favor after a multi-day evidentiary hearing. Two years and 97 depositions later, the same opponent paid my client $8 million to settle the case before trial.

Additional examples of Monte’s defense cases include:

  • Defense of a hospital in a false imprisonment case. Defense verdict.
  • Defense of a hospital in a medical malpractice case. Defense verdict.
  • Defense of a hospital in a wrongful death case. Plaintiff’s verdict.
  • Defense of nursing home in abuse/wrongful death case. Defense verdict.
  • Defense of a truck manufacturer in a product's case. Plaintiff’s verdict.
  • Defense of an auto dealership in a fraud case. Defense verdict.
  • Defense of an auto dealership in the wrongful prosecution case. Favorable settlement.
  • Defense of a hospital in an antitrust case. Favorable settlement.
  • Defense of a hospital in False Claims Act case. Dismissal withno payment.
  • Defense of security company at Naval Base in False Claims Act case. Dismissal with no payment.
  • More than 20 cases involving alleged sexual abuse of patients in nursing homes and hospitals. Three were dismissed on pretrial motions – remainder settlements.
  • Settled several significant cases for eight-figure amounts.

In addition to his principal defense practice, Mr. James has represented a number of corporate clients as plaintiffs in commercial cases.

Some of the judgments and settlements he obtained in these cases include:

  • Settlement of federal Qui Tam suit for $21,750,000 in damages plus $1,800,000 in attorneys’ fees. Realtors received 27.5% of the settlement amount plus attorneys’ fees award. The National Law Journal recently published its 2015 rankings, and this settlement is the number one settlement in Texas and number four in the U.S. for 2015.
  • Judgment of $1.1 million: Breach of contract (Recovery after hourly charged attorneys’ fees and expenses was $900,300)
  • Judgment of $225,500 Employee Theft Liability Act (Recent judgment has not been collected)
  • Settlement of $12 million: Breach of contract (Recovery after hourly charged attorneys’ fees and expenses was $11,000,000)
  • Settlement of $9 million: Bad faith case (Recovery after hourly attorneys’ fees and expenses was $8,300,000)
  • Settlement of $8 million: 1983 action (Recovery after hourly attorneys’ fees and expenses was $5 million)
  • Settlement of $770,000 for top-20 university in breach of contract case (Recovery after hourly attorneys’ fees and expenses was $530,000)
  • Four additional bad faith settlements at or above $1 million (Recovery after hourly charged attorneys’ fees and expenses in each of these matters was above $900,000)

Past results are not an indication of what a future client may recover in any case, and should not be considered as such. Not all of Mr. James’ cases resulted in victories – he lost jury trials and trials to the court.