Jim Zeszutek is the Managing Partner of the firm's Pittsburgh office and a Partner in the Litigation Department. He is Co-Chair of the Class Action Litigation and Pharmaceutical and Medical Devices Practice Groups. Jim is involved in the defense of pharmaceutical and medical device products on behalf of the products' manufacturers. He has defended the Bjork-Shiley heart valve, breast implants, artificial hips and knees, endoscopic linear cutters, surgical staplers and tools, stents, fracture fixation devices, non-steroidal anti-inflammatory drugs, and the OrthoEvra patch, among others. Jim is also involved in the defense of chemical and fiber products including products that contain asbestos, talc, benzene and acrylamide. He presently serves on National Trial Teams for the defense of a client's respiratory protection products and is National Coordinating Counsel for a manufacturer in the silica litigation which is active in numerous jurisdictions. Jim represents banks and financial institutions in commercial litigation in Western Pennsylvania and West Virginia. He has an active NCAA practice in which he represents coaches in hearings before the Committee on Infractions defending against allegations of NCAA Bylaw violations and has been involved in the Committee on Infractions hearings involving Syracuse University, Tulane University, Purdue University, The University of Tennessee and The Ohio State University, among others. Jim also negotiates employment contracts for athletic coaches and physicians.
In addition, Jim has significant experience representing oil and gas drillers and developers regarding various disputes, including breach of contract and in dispute resolution.
Memberships & Affiliations
· Allegheny County Bar Association
· Pennsylvania Bar Association
· American Bar Association
· Pennsylvania Defense Institute, Member (Past President and Chairman, Toxic Tort Committee)
· International Association of Defense Counsel
· American Health Lawyers Association
· Past Chairman and present Member, Board of Directors - Easter Seals Western Pennsylvania
· Member, Edgar Allen Founders Society of Easter Seals
· Member, Board of Directors - Syracuse University Athletic Development Advisory Board
· Member, Board of Advisors - Syracuse University College of Law
Distinctions
· Named "Lawyer of the Year" in Pittsburgh for Mass Tort Litigation/Class Actions - Defendants by The Best Lawyers in America®, 2012
· Peer Review Rated AV in Martindale-Hubbell
· Listed in The Best Lawyers in America®
· College Athletic Trainers Society Jack Weakley CATS Service Award
Experience
NCAA Investigation
John Calipari
Successfully represented former University of Memphis head basketball coach John Calipari through NCAA investigation into allegations of academic fraud.
NCAA Investigation
Paul Biancardi
Represented former Ohio State University assistant men's basketball coach Paul Biancardi through NCAA investigation into alleged violations of NCAA bylaws and legislation relating to the recruitment of student-athletes.
NCAA Investigation
University of Miami
Currently representing former University of Miami assistant football coach Aubrey Hill and former University of Miami assistant men's basketball coaches Jake Morton and Jorge Fernandez through NCAA investigation into alleged violations of NCAA bylaws and legislation.
Product Malfunction and Defective Design Allegations
Medical Device Manufacturer
We defended a medical device manufacturer against allegations of product malfunction and defective design. The jury returned a verdict for the manufacturer on the claims of product malfunction, but found for the plaintiffs with respect to defective design.
NCAA Investigation
Lane Kiffin
Successfully represented former University of Tennessee head football coach Lane Kiffin through investigation by NCAA into claims of failure to monitor and promote an atmosphere of compliance.
Hatfield v. Nalco Company
Nalco Company
Suit for negligence and deliberate intent for injuries sustained by worker who fell down a flight of stairs
Adam v. Spotswood
Spotswood
The plaintiffs' complaint alleged theories of negligence, breach of contract and breach of the warranty of habitability. At trial, plaintiffs elected to proceed only on the negligence claim.
Jeran v. Nalco Company
Nalco Company
Suit for personal injuries suffered by golf outing guest who had consumed alcoholic beverages and suffered injuries resulting in quadriplegia
NCAA Investigation
Syracuse University
Represented Syracuse University assistant men's basketball coach Mike Hopkins, director of compliance Erlease Wagner, former athletic trainer Tim Neal and former director of compliance Jamie Mullin through NCAA investigation into alleged violations of NCAA bylaws and legislation.
NCAA Investigation
University of Connecticut
Represented former University of Connecticut assistant men's basketball coach Andre LaFleur and former director of basketball operations Beau Archibald during NCAA investigation into alleged violations of NCAA bylaws and legislation relating to the recruitment of student-athletes.
Publications
July 1, 2011, Asbestos Litigation Case Questions Safety in the Workplace
August 9, 2010, Best Pleading Practices in Federal Court Following Twombly and Iqbal
November 11, 2009, Federal Pre-Emption in Medical Device and Pharmaceutical Litigation
September 5, 2006, Documentation Is Essential in Establishing If an Agreement to Finance Exists
Presentations
October 17, 2011, "Representation of Coaches in NCAA Matters," Sports and Entertainment Society, Syracuse University College of Law
October 5, 2011, Round Table Discussion Panelist, Sports Law Class, University of Pittsburgh College of Law
February 1, 2005, "West Virginia Supreme Court Puts Limits on Class Actions for Medical Monitoring," Communique, February 2005