Name: James F. Bennett
Item: James F. Bennett
Author: jbennett

Bio

James F. Bennett has a national practice of cases that are not expected to settle before trial or appeal. He is lead trial and appellate counsel in high-profile cases. In recent years he has tried to verdict eight cases involving $20,000,000 or more including three that involved $100,000,000 or more in dispute. He has also prevailed before trial in other, similar cases and has argued appeals in eight different appellate courts around the country. Three times in recent years, he was awarded the "largest" defense or plaintiff verdict award by Missouri Lawyers Weekly.

Mr. Bennett is a former law clerk to the Hon. Anthony M. Kennedy, Associate Justice of the United States Supreme Court, and to the Hon. J. L. Edmondson, United States Circuit Judge for the Eleventh Circuit. He is on the Executive Committee of the American Inns of Court Chapter in St. Louis and is a fellow with the American College of Trial Lawyers and the Litigation Counsel of America. Mr. Bennett has acted as an adjunct professor on the subject of complex litigation at Washington University Law School. He has been recognized by various publications for his achievements. For instance, he has been selected by Missouri Lawyers Weekly as one of ten “Lawyers of the Year,” and the “Law Firm Leader of the Year.” He has been selected by the Riverfront Times as the Best Lawyer in St. Louis. He is annually identified as among the top 50 lawyers in St. Louis, the top 100 lawyers in Missouri, and among The Best Lawyers in America©. Currently, he is ranked as a “Tier One” counsel by U.S. News and World Report. Mr. Bennett is recognized in Chambers USA as a "Band 1" leading litigator in St. Louis and its surrounding areas.

Representative Recent Trials & Appeals

The United States Court of Appeals for the Eighth Circuit reversed a judgment against PNC Bank. The Court held that the trial court erred in defining the case as governed by common law tort theories and reversed for application of different law.
After a bench trial, the U.S. District Court for the Eastern District of Missouri ruled for Anheuser-Busch in a long-running insurance coverage dispute, holding that Anheuser-Busch could tender long-tail asbestos claims under a single policy year and thereby avoid being responsible for equitable allocations of damages for other years.
Obtained a unanimous jury verdict in the United States District Court for the District of Massachusetts for medical device manufacturer. The case was tried over four weeks and involved a medical device that has been the subject of thousands of cases filed in Massachusetts and elsewhere.
The United States Court of Appeals for the Eleventh Circuit affirmed the dismissal of United States of America ex rel., Chester Saldivar v. Fresenius Medical Care Holdings, Inc., holding that the FCA's public disclosure bar applied to defeat a false claims act case based on Medicare billing of a pharmaceutical.
Conducted a two week jury trial that achieved the largest plaintiff’s verdict in the history of St. Louis County Circuit Court. The jury assessed Wells Fargo as 98% responsible for damages and awarded the Barbara Burton Morriss Trust $45,766,033.81 in actual damages and $32,100,000.00 in punitive damages.
Represented Valero Texas Refining in a two week jury trial in Galveston County, Texas. A unanimous verdict was returned for Valero on claims of a harmful exposure to benzene and other toxins related to the overfill of a crude-oil spill at a refinery site.
The First Circuit affirmed the $95 million judgment in Fresenius v. United States, a case seeking a tax deduction for a false claims act settlement. The decision came just three weeks after Mr. Bennett argued the case to a panel of judges in Boston.
Tried to jury verdict the highly publicized Katz v. Anheuser Busch, Inc. A former high-ranking female executive brought the case against Anheuser Busch Inc. claiming gender discrimination, seeking more than $15 million in lost wages and interest, plus punitive damages. The case was televised and the verdict was reported in The New York Times and The Washington Post.
Represented Emerson Electric and its subsidiaries in a two-week jury trial, trade secret and contract dispute against a re-manufacturer of Fisher Control valves and actuators. In Automation Service v. Emerson Process Management and Fisher Controls, the jury ruled for Emerson on all counts and then awarded $5.4 million in damages on the counterclaim. The jury ruled for Emerson on all counts and awarded $5.4 million in damages on the counterclaim.
Argued in the United States Court of Appeals for the Eighth Circuit a case involving the jurisdiction of the federal courts to decide disputes related to international arbitration. The Court of Appeals ruled that more than 400 cases, involving claims of Peruvian children related to lead products in Peru, were properly removed to federal court. Jurisdiction was based on an arbitration pending between the operator and the Peruvian government.
Argued in the United States Court of Appeals for the Sixth Circuit an appeal of an $82 million False Claims Act Judgment against Renal Care Group, Inc. The Panel unanimously reversed the judgment and directed that judgment on two counts be entered for Mr. Bennett's client, Renal Care Group. The decision has been widely reported.
Conducted a multi-week jury trial in the District of Massachusetts (Boston), Fresenius Medical Care v. United States of America, against the Department of Justice where the twelve-person jury awarded Fresenius Medical Care a $95 million tax benefit. The judgment was affirmed by the first circuit.
Tried to judgment an arbitration involving a claim that his client committed professional malpractice and caused the bankruptcy of a publicly-traded accounting firm. After lengthy testimony and argument, the three-arbitrator panel unanimously ruled for Mr. Bennett’s client. The award was confirmed by the Denver, Colorado Circuit Court.
The United States Court of Appeals for the Sixth Circuit issued a major ERISA ruling in a case argued by Mr. Bennett, Bio-Medical Systems v. Central States. The unanimous ruling in favor of Mr. Bennett’ client prohibited large, private insurance plans from dropping certain beneficiaries based on Medicare-eligibility. The decision had a wide-ranging impact for providers.
Represented a Valero Energy subsidiary in The Premcor Refining Group v. KLLM Transport Services, Inc., in Cook County, Illinois. The jury determined that KLLM was responsible for the damage to Premcor’s underground Chicago-area pipeline.
Tried an arbitration to judgment in favor of an online catalog company against a company that had acquired it. The case was tried in Chicago under the terms of the public sale agreement.
Represented Monsanto Company in a jury trial against Conoco Phillips where a unanimous jury awarded Mr. Bennett’s client $7.6 million. The case revolved around a multi-year supply contract for petroleum coke used by Monsanto to manufacture Round-Up^{^{^{^®}}}.
Represented Wal-Mart Stores against the Equal Employment Opportunity Commission in a jury trial that alleged age discrimination. A unanimous jury rejected the EEOC’s claim after only 30 minutes of deliberation.
Represented the defendant in a False Claims Act case tried in El Paso, Texas in the U.S. District Court for the Western District of Texas. This case was tried over 45 days and is reported to have been the longest civil trial in the El Paso division. The jury ruled for Mr. Bennett's client.
Tried a $280 million multi-week case in Delaware Chancery Court, affirmed by the Delaware Supreme Court. The case, Olson v. Viking Global Investors, was a dispute between the founders of a hedge fund managing more than $10 billion in assets.
After more than four months of trial, a St. Louis County jury ruled in favor of Mr. Bennett's client, Cross County Collaborative on all nine counts. The $130 million case involved responsibility for cost overruns for St. Louis' light-rail system. In the longest jury trial in St. Louis County history, Bi-State v. Cross County Collaborative, the jury returned a full defense verdict.
Represented a Swiss public company in a case involving a supply contract for carbon fiber used in large European-manufactured wind turbine blades. The jury awarded Mr. Bennett's client more than $36 million which was the exact amount requested by Mr. Bennett in closing arguments.

Licensure

Missouri
Illinois

Education

J.D., Vanderbilt Law School
B.A., Westminster College

Recognitions

Recognized by Best Lawyers^{^®} in Bet-the-Company Litigation, Commercial Litigation & Health Care Law
Missouri Lawyers Weekly - as one of ten “Lawyers of the Year”
Missouri Lawyers Weekly - “Law Firm Leader of the Year”
Riverfront Times as the Best Lawyer in St. Louis.
He is annually identified as among the top 50 lawyers in St. Louis, the top 100 lawyers in Missouri, and among The Best Lawyers in America©.
Currently, he is ranked as a “Tier One” counsel by U.S. News and World Report.

Civic Engagement

American College of Trial Lawyers, Fellow
Westminster College, Board of Trustees
American Inns of Court, Board of Trustees
American Inns of Court Chapter in St. Louis, Executive Committee
Litigation Counsel of America, Senior Fellow

James F. Bennett

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