Fosler Law | Representative Cases

With more than 30 years of experience as a trial lawyer and business advisor, Jim Fosler has litigated matters across a wide range of substantive areas of the law. His practice has involved representing government entities, institutional investors, corporations, closely held businesses, and individuals in everyday and complex matters. The cases summarized below highlight a selection of representative engagements and outcomes. This is not an exhaustive list, but rather a few cases to illustrate the breadth of Jim’s experience and the types of matters he handles on behalf of his clients.

Business Litigation

211, LLC (Diamond Parking) v. Chicago Title, et al.

Chicago Title hired Jim to to defend it in multiparty litigation involving a multimillion-dollar insurance claim arising from a title report that failed to identify a so-called blast zone easement held by the federal government, which limited development of an office building within the defined area. The case involved land use and insurance contract interpretation issues. Jim was able to resolve the case for a fraction of what the plaintiff was seeking.

AN-AN, C, LLC v. BELFOR, et al.

Jim brought claims on behalf of the owner and developer of a large downtown commercial building in multiparty litigation over failed asbestos abatement. The case was hard-fought, strategically litigated to achieve a favorable settlement, and ultimately resolved at mediation on terms favorable to his clients.

Aurora Park, LLC v. Triangle Tube

Jim successfully brought claims on behalf of the owner of a 96-unit apartment complex in a products liability case involving failed HVAC heating units. After deposing the manufacturer’s management, conducting expert discovery, and ultimately proving the defect, the case settled for a confidential amount reflecting the substantial expense of replacing all 96 heaters.

Alaska Lung and Sleep Clinic

This matter did not involve litigation. Jim assisted the client in the investigation and resolution of employment issues involving theft and fraud. After the investigation, Jim assisted the client in overhauling its employment and business practices, which included separation of financial duties, regular audits, hiring procedures, and adopting an employee handbook.

ACC Investment Group, LLC v. Kasper Lakes, LLC, et al.

Jim represented a developer who purchased a trailer park that contained undisclosed heating oil contamination known by the seller at the time of sale. After extensive expert analysis to determine the extent of the contamination, the case was creatively settled in a complicated transaction that worked for both parties and avoided further litigation.

Discovery Construction, Inc. v. Ribelin Lowell

Jim obtained a near million-dollar judgment after trial in an insurance broker malpractice case involving the failure to adequately advise the client regarding the viability of bonding a large development project. The judgment was approximately four times the amount the client had been willing to accept before trial.

Securities Litigation

Time Warner/AOL

Jim and his co-counsel represented five Alaska-based institutional funds in an “opt-out” action over the disastrous Time Warner and America Online merger. At the time, the merger was the largest — and ultimately most unsuccessful — in history. Jim’s clients received approximately 10x the amount they would have received had they stayed in the class action case.

BP Shareholder Derivative

Jim represented a coalition of shareholders from the US and UK in a shareholder derivative action against British Petroleum over a string of major safety, environmental, and operating disasters. In the settlement, BP admitted to its operational oversight deficiencies, agreed to major corporate governance improvements, and agreed to pay $373 million in fines. The litigation had far-reaching implications for the global oil industry.

Government Litigation

In re Broiler Chicken Antitrust Litigation

Jim represented the State of Alaska in antitrust and consumer protection litigation against 31 major agricultural companies who conspired to inflate the price of broiler chicken in Alaska and nationally. This case, nationally, is considered one of the largest antitrust cases involving the food industry. The defendants manipulated price by coordinating production cuts, sharing nonpublic information, manipulating price indexes, and conspiring to raise prices. The defendants settled with Alaska for a population-based loadstar higher than any other state received.

In re Port Antitrust Litigation

Jim was engaged by the State of Alaska in a companion case to In re Boiler Chicken Antitrust Litigation that involved seven of the largest pork producers in the country. This case also alleged that the defendants conspired to inflate prices by coordinating production cuts, sharing nonpublic market information, manipulating pricing indexes, and otherwise working together to raise prices. This case also concluded with a settlement that secured Alaska a population-based loadstar recovery higher than that obtained by other states.

State of Alaska v. Merck

This was the first case in which the State of Alaska retained outside counsel on a contingency fee bases to bring consumer protection claims on its behalf. Jim represented Alaska against Merck for consumer protection violations in the marketing and sale of Merck’s blockbuster drug Vioxx. Merck removed the case to federal court and it was consolidated into multidistrict litigation in the US District Court for the Eastern District of Louisiana, where Jim was appointed to the National Government Actions Case Management Committee. He successfully had the case remanded back to Alaska state court where it quickly settled for $29 million.

State of Alaska v. Janssen Pharmaceutica, LP, et al.

Jim acted as counsel to the State of Alaska against the manufacturers of the antipsychotic medications Risperdal and Seroquel. The case alleged that J&J and AstraZeneca aggressively off-label marketed their drugs to children and the elderly, failed to warm doctors and patients of known side effects, and misrepresented safety data. The case settled for $7.5 million.

State of Alaska v. Abbott Laboratories, Inc., et al.

Jim represented the State of Alaska against 41 pharmaceutical companies for artificially inflating the average wholesale price (AWP) of their drugs. The State alleged that (1) drug manufacturers reported a high AWP, which is the benchmark used to determine reimbursement levels for prescription drugs, (2) doctors purchased drugs at much lower prices, (3) doctors were reimbursed based on the inflated AWP, and (4) the difference — or “spread” — created a financial incentive to prescribe certain drugs. This scheme defrauded Alaska’s health care programs. There were 276 defense lawyers from the largest law firms in the world in the case at one point. The case settled for $41 million.

Personal Injury Litigation

Client v. King County Metro Transit

Jim’s clients were struck by a negligently driven Seattle bus, causing the death of one and severe injuries to the other. The case settled for $2.5 million, an amount reported by the municipal defendant as the most ever paid by it to settle a personal injury case.

Client v. Central Peninsula General Hospital

Jim’s client was the victim of medical malpractice arising from a medical instrument being left in her surgical site, causing severe infection and consequent injuries. The case settled on the courthouse steps for a confidential amount.

Client v. Upsher-Smith

In this products liability case against a drug manufacturer, Jim’s client was not warned that a known risk of taking the drug was ocular neuropathy. The client went blind. After aggressive discovery and finding documents showing the defendant was aware of the risk but didn’t warn of it, the case settled for a confidential amount reflecting the significant injury and the defendant’s exposure to punitive damages.

Client v. Valley Block & Cement

Jim represented a mother and her four children after they were involved in an auto accident in which a cement truck crossed the centerline and hit them head-on, causing serious physical and psychological injuries. After extensive work to establish the clients’ PTSD and future damages, the case settled for a confidential amount.

Client v. Grendahl

Jim’s client suffered blindness after a LASIK surgery that should never have been performed because the client had an detectable physical condition that prevented the surgery from being an option. The case settled for a confidential amount.

Client v. Cook Inlet Native Head Start

Jim’s client and his daughter were involved in an automobile accident with a negligently driven bus, resulting in serious injuries. After extensive workup to prove future medical costs that the defendant argued would not be necessary, the defendant capitulated and the case settled for $1.9 million.

Appeals

Exxon Valdez (Governors’ Appeal)

Jim had the privilege of representing four former Alaska State Governors before the United States Supreme Court in the Exxon Valdez case. The former governors were Walter Hickel (governor from 1966-1969 and US Secretary of Interior from 1969-1970 and 1990-1994), William Sheffield (Governor from 1982-1986), Steve Cowper (Governor from 1986-1990), and Anthony Knowles (Governor from 1994-2002). It was a privilege to represent the governors in this role. Jim was honored to be chosen by the governors to serve as their counsel in this matter, entrusting him with the responsibility of representing their interests in this historic litigation.

See Brief

Parnell v. Holman

Jim has been retained by the Alaska State Legislature to represent its interests before the Alaska Supreme Court in a number of matters, usually involving constitutional issues of first impression. In this particular case, the issue involved balancing the public’s constitutional right of access and the Legislature’s exclusive authority over the appropriation of state resources. The resource at issue in the case was water.

See Brief

See Opinion

James E. Fosler, ESQ

Jim Fosler is the founder of Fosler Law and a trial lawyer and business advisor with more than 30 years of experience handling complex litigation and business disputes. He represents institutional investors, corporations, governments, businesses, and individuals in high-stakes matters and works closely with clients to develop focused strategies for resolving complicated legal and business challenges.

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Focused advocacy. Strategic counsel.

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James Fosler
(907) 360-7555
fosler@me.com