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 both everyday matters and complex disputes. The matters summarized below highlight a selection of representative engagements and outcomes. They are not intended to be exhaustive, but rather to illustrate the breadth of Jim’s experience and the types of matters the firm handles on behalf of its clients.
Business Litigation
211, LLC (Diamond Parking) v. Chicago Title, et al.
Represented Chicago Title in multiparty litigation involving a significant insurance claim arising from a title report that failed to identify a blast zone easement. The case involved land use and contract interpretation issues.
AN-AN, C, LLC v. BELFOR, et al.
Successfully brought claims on behalf of the owner and developer of a large downtown commercial building in multiparty litigation over failed asbestos abatement.
Aurora Park, LLC v. Triangle Tube
Successfully brought claims on behalf of the owners of a 96-unit apartment complex in a products liability case involving failed heating units.
Alaska Lung and Sleep Clinic
Assisted the client in the investigation and resolution of employment issues involving significant theft and fraud. After the investigation, Jim assisted the client in overhauling its employment and business practices.
ACC Investment Group, LLC v. Kasper Lakes, LLC, et al.
Represented a developer who purchased a trailer park that contained significant undisclosed heating oil contamination known by the seller at the time of sale.
Discovery Construction, Inc. v. Ribelin Lowell
Obtained a significant 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.
Securities Litigation
Time Warner/AOL
Represented five Alaska-based institution funds in an “opt-out” action over the disastrous Time Warner and America Online merger. Our clients received approximately 10x the amount that they would have received had they stayed in the class action case.
BP Shareholder Derivative
Represented a coalition of shareholders from the US and UK in a shareholder derivative action against British Petroleum over a string of major safest, environmental and operating disasters. In the settlement, BP admitted to its operational oversight deficiencies, agreed to major corporate government improvements, and agreed to pay $373 million in fines.
Government Litigation
In re Broiler Chicken Antitrust Litigation
Represented Alaska in antitrust and consumer protection litigation against 31 major agricultural companies who conspired to inflate the price of Broiler Chicken in Alaska and elsewhere.
In re Port Antitrust Litigation
Represented Alaska in antitrust and consumer protection litigation against 17 major agricultural companies who conspired to inflate the price of Pork in Alaska and elsewhere.
State of Alaska v. Merck
Represented Alaska against Merck for consumer protection violations in the marketing and sale of Merck’s blockbuster drug Vioxx. Our team recovered $29,000,000.
State of Alaska v. Janssen Pharmaceutica, LP, et al.
Represented the State against manufacturers of antipsychotic medications for the manufacturers’ off- label marketing and over-promotion of their drugs. Our team recovered $7,500,000.
State of Alaska v. Abbott Laboratories, Inc., et al.
Represented the State against 41 pharmaceutical companies for artificially inflating the average wholesale price of their drugs, resulting in providers being reimbursed by Medicaid at inflated prices. At one point, there were 276 defense lawyers against us. Our team recovered $41,000,000.
Personal Injury Litigation
Client v. King County Metro Transit
Jim’s clients were struck by a Seattle bus, causing the death of one and severe injuries to the other. The case settled for $2,500,000, 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 case settled for a confidential amount reflecting the defendant’s significant 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. 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 undetected 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 bus, resulting in serious injuries. After extensive workup to prove future medical costs, the case settled for $1,900,000.
Appeals
Exxon Valdez (Governors’ Appeal)
Jim was retained by the State of Alaska to prosecute claims Merck for consumer protection violations in the marketing and sale of Merck’s blockbuster drug Vioxx. The case was initially transferred into federal Multidistrict Litigation (MDL), where Jim was appointed to the Government Actions Plaintiffs’ Case Management Committee. The case was eventually remanded back to Alaska court and settled.
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 case, the issue involved the balance between 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.
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 significant business disputes. He represents institutional investors, corporations, and businesses in high-stakes matters and works closely with clients to develop focused strategies for resolving complicated legal and business challenges.
Focused advocacy. Strategic counsel.
James Fosler
(907) 360-7555
fosler@me.com
Los Angeles Office
1524 Cloverfield Ave.,
Santa Monica, CA 90403
Alaska Office
1227 West 9th Ave., Suite 200,
Anchorage, AK, 90501