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

  • 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 Supreme Court of Appeals of West Virginia and the Fourth Circuit Court of Appeals in cases involving breach of contract, arbitration clauses, the Uniform Commercial Code, Constitutional challenges, tax assessment disputes, and business zoning issues
  • Counseling clients and defended and prosecuted cases on their behalf in land use disputes, including eminent domain, slander of title, specific performance, and breach of contract actions
  • Representing companies in commercial and business litigation including breach of contract, fraud, and construction disputes
  • Representing multinational and regional companies in litigation involving the constitutionality of legislative and executive actions, substantive due process, procedural due process, and equal protection issues, eminent domain disputes, land use regulations, vested rights defenses, and property tax incentives
  • Defending clients in insurance coverage and bad faith litigation
  • Defending national and regional companies in deliberate intent, premises, and products liability lawsuits
  • Defending national and regional companies in toxic tort litigation

Selected Cases

  • 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

  • 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
  • United States Court of Appeals for the Fourth Circuit
  • United States District Courts for the Northern and Southern Districts of West Virginia

Memberships

  • American Bar Association 2017 - Present
  • Kanawha County Bar Association 2018 - Present
  • Former Member, Latin American Law Student Association Distinctions
  • 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
     

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 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 The Site Report - Construction Law Insights: Issue 1, 2021 Unprecedented: COVID-19 Litigation Insights, Volume 2, Issue 17 COVID-19 and Unprecedented: Litigation Insights, Volume 2, Issue 16 COVID-19 and Unprecedented: Litigation Insights, Volume 2, Issue 15 COVID-19 and Unprecedented: Litigation Insights - Volume 2, Issue 13 Recreational Facility Wins Motion to Dismiss Employer Gets 7-Figure Judgment Large Insurer Wins Motion to Dismiss