James E. Simon
Senior Attorney
Winston-Salem, NC
office 336.725.4473
  • Overview
  • Services
  • Distinctions
  • Admissions
  • Memberships
  • Publications & Presentations
  • Community Involvement
  • Resources
  • Results

Mr. Simon focuses his practice on civil litigation, with particular emphasis on complex commercial litigation.

Education

  • Pensacola Christian College, B.A., Prelaw, Spanish Minor, magna cum laude, 2014
  • Washington and Lee University School of Law, J.D., magna cum laude, 2017

Experience

  • Successfully argued a case of first impression before the Supreme Court of Appeals of West Virginia involving four certified questions about public employment contract issues
  • Litigating numerous appeals before the Fourth Circuit Court of Appeals and the Supreme Court of Appeals of West Virginia in cases involving breach of contract, arbitration clauses, the Uniform Commercial Code, Constitutional challenges, tax assessment disputes, public-private financing issues, and business zoning matters
  • Representing multinational and regional companies in complex commercial and business litigation
  • Representing construction industry clients in a variety of disputes, including scheduling and delay claims, defect claims, and payment claims
  • Representing clients in litigation involving the constitutionality of legislative and executive actions, substantive due process, procedural due process, equal protection, land use regulations, vested rights, and property tax incentives
  • Counseling clients and defending and prosecuting cases on their behalf in land use disputes, including eminent domain, partition, slander of title, specific performance, and breach of contract actions
  • Representing clients in insurance coverage and bad faith litigation
  • Defending national and regional companies in deliberate intent, toxic tort, premises, and products liability lawsuits

Selected Cases

  • Jefferson County Foundation, Inc. v. West Virginia Economic Development Authority, et al., --- S.E.2d ---, 2022 WL 2063006 (2022)
  • Jefferson County Vision, Inc., et al. v. City of Ranson, et al., 2022 WL 1164978 (April 20, 2022)
  • Bradford v. West Virginia Solid Waste Management Board, 866 S.E.2d 82 (2021)
  • Jefferson County Vision, Inc. v. City of Ranson, 2021 WL 4936515 (Oct. 6, 2021)

 
Appellate Litigation Chemical Construction Law Deliberate Intent Litigation Insurance Coverage & Bad Faith Litigation Product Liability Litigation Toxic Tort Litigation

Distinctions

  • Named on the Best Lawyers: Ones to Watch list for Appellate Practice, Commercial Litigation, Insurance Law, and Personal Injury - Defendants
  • Order of the Coif
  • Davis Moot Court Competition Administrator, Washington and Lee University Moot Court Board
  • Virginia Trial Lawyers Association Award
  • Quarterfinalist, N.Y.U. National Immigration Law Competition
     
     

Admissions

  • West Virginia State Bar
  • Admission to North Carolina Bar Pending
  • United States Court of Appeals for the Fourth Circuit
  • United States District Courts for the Northern and Southern Districts of West Virginia

Memberships

  • Defense Research Institute, 2017 - Present; Vice Chair, Business Torts & Contract Litigation Special Law Group, 2022 - Present
  • American Bar Association, 2017 - Present
  • Kanawha County Bar Association, 2018 - Present
  • Former Member, Latin American Law Student Association
     

Publications & Presentations

  • Author, “Civil Asset Forfeiture in Virginia: An Imperfect System,” Washington and Lee University Law Review
  • Lead Articles Editor and Staff Writer, Washington and Lee University Law Review
     
     

Community Involvement

  • Volunteer, Rockbridge SPCA, 2014 - 2017
The Site Report - Construction Law Insights, Issue 10, 2022 The Site Report - Construction Law Insights, Issue 9, 2022 The Site Report - Construction Law Insights, Issue 8, 2022 Numerous Spilman Attorneys Recognized by Best Lawyers, Lawyers of the Year, Ones to Watch 2023 The Site Report - Construction Law Insights, Issue 6, 2022 The Site Report - Construction Law Insights: Issue 4, 2022 COVID-19 and Unprecedented: Litigation Insights - Volume 3, Issue 3 The Site Report - Construction Law Insights: Issue 2, 2022 COVID-19 and Unprecedented: Litigation Insights, Volume 3, Issue 2 Unprecedented: COVID-19 Litigation Insights, Volume 3, Issue 1 Recreational Facility Wins Motion to Dismiss Employer Gets 7-Figure Judgment Large Insurer Wins Motion to Dismiss