Monte F. James
Monte F. James represents several Fortune 500 companies in litigation matters throughout Texas and other states. Litigation for these entities includes 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.
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 has been 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 have been recognized as one of the largest in the U.S.
Monte’s focus is on the client’s needs, he understands business and the economics of litigation. He has had several Fortune 500 clients for approximately 20 years because he will inform his defense clients immediately if a case should be settled, and tell a potential plaintiff that their case should not be pursued.
B.B.A., Baylor University
J.D., Baylor University Law School
- Dean’s Honors List
United States Supreme Court
United States Court of Appeals for the Fifth Circuit
United States District Courts for the Northern, Southern, Eastern and Western District of Texas
Civil Trial Law
Personal Injury Trial Law
Great wins only come through experience, hard work, and the willingness to risk trial over 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 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 favor of my client 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.
Some examples of Monte’s defense cases include:
- Defense of hospital in false imprisonment case. Defense verdict.
- Defense of hospital in medical malpractice case. Defense verdict.
- Defense of hospital in wrongful death case. Plaintiff’s verdict.
- Defense of nursing home in abuse/wrongful death case. Defense verdict.
- Defense of truck manufacturer in products case. Plaintiff’s verdict.
- Defense of auto dealership in fraud case. Defense verdict.
- Defense of auto dealership in wrongful prosecution case. Favorable settlement.
- Defense of hospital in antitrust case. Favorable settlement.
- Defense of hospital in False Claims Act case. Dismissal with no 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 of nursing homes and hospitals. Three 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. Relators 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 have resulted in victories – he has lost jury trials and trials to the court.
- The Best Lawyers in America (Woodward/White Inc.), Commercial Litigation, 2022
- Texas Super Lawyer, Super Lawyers by Thomson Reuters, 2021
- The National Law Journal reported in its 2015 rankings that Monte’s False Claims Act settlement was the No. 1 settlement in Texas and No. 4 in the U.S.
- College Forward, Board Member
- Baylor Law Alumni Association Executive Committee
- Litigation Counsel of America, Fellow