Focused advocacy. Strategic counsel.

There should probably be some sort of description of what this page “is”. What are we looking at here?

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.

James E. Fosler, ESQ

Jim Fosler graduated with honors from Gonzaga University with degrees in History and Economics and went on to earn his Juris Doctor, also with honors, from Gonzaga University School of Law.

After clerking for a trial court judge in Anchorage, Alaska, Jim gained early experience in complex litigation under the mentorship of some of the state’s leading attorneys. He later joined a midsized Pacific Rim–based law firm, where he helped expand the firm’s Alaska presence while contributing to its core maritime and securities practices.

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