Elaine Johnson James has significant experience as a trial and appellate advocate and negotiator. Elaine's clients include Fortune 100 companies, governmental entities and non-profit corporations. Elaine represents and counsels insurance companies, corporations, governmental entities, banks, and individuals in federal and state courts and before administrative agencies. She also represents national and local real estate developers at the trial and appellate levels. Elaine is nationally recognized for her experience in defending actions involving the Interstate Land Sales Full Disclosure Act, and Florida's Condominium Act and Deceptive and Unfair Trade Practices Act, among others. Elaine regularly represents insurers and reinsurers in coverage, claims and bad faith, or extra-contractual, litigation and counsels insurers on a variety of issues.
In addition, Elaine is certified as an arbitrator by the American Arbitration Association and has served as outside general counsel to a municipal housing authority for twelve years.
Representative Experience
· Led a team of attorneys that drafted a motion for rehearing and clarification of the Florida Supreme Court's decision in 2007 to overturn fifty years of legal precedent in public finance law and invalidated the tax increment financing that community redevelopment agencies statewide use to revitalize blighted areas. Even though the firm was retained a mere four days before they were due, the motion and brief were so persuasive that the Court withdrew its original opinion and issued a revised opinion, more favorable to the clients, before the opposing party filed an answer brief. Argued the case before the Court, which withdrew then reversed its original opinion. Strand v. Escambia County, 992 So. 2d 150 (Fla. 2008).
· In actions brought by purchasers, alleging statutory violations in an effort to rescind their contracts to buy real property in Florida, won scores of summary judgments and motions to dismiss. In 2009, won the appeal in the Eleventh Circuit of an adverse summary judgment, as well as the appeal in a Florida state appellate court of a trial court victory. Trotta v. Lighthouse Point Land Co., 319 F. App'x 803 (11th Cir. 2009); Aikin v. WCI Communities, Inc., 26 So. 3d 691 (Fla. 2d DCA), cert. denied (Fla. 2010). See also Hap v. Toll Jupiter Ltd. Partnership, 2009 Westlaw 187938 (S.D. Fla. 2009); Caswell v. Antilles Vero Beach, LLC, 2008 Westlaw 4279555 (S.D. Fla. 2008).
· Concerned that an appellate opinion was wrongly decided and would adversely affect the developer clients' interests, sought leave for the client to appear as a friend of the court and file a motion for rehearing. Both motions were granted. On rehearing, the court reversed its opinion, even though the appellant had not participated in the post-appellate proceedings. Home Devco/Tivoli Isles LLC v. Silver, 26 So. 3d 718 (Fla. 4th DCA 2010).
· Represented a regional governmental entity in an action to validate the issuance of 1.8 billion dollars in bonds for the restoration of the Everglades.
· In actions for breach of contract and fraud, won a $3 million dollar summary judgment on a counterclaim for an insurance company and obtained dismissal of the multi-million dollar claims against it.
· Represented the local school board in the trial and appellate court in an eminent domain matter, which involved the acquisition of 72 parcels of property for the construction of an elementary school.
· Prevailed in the administrative appeal of a challenge to the client's application for an allocation of highly competitive federal subsidies; client was awarded more than $13 million in tax credits for the construction of affordable housing in a blighted neighborhood.
· In an action for breach of contract, obtained summary judgment for client, thereby shielding the company from a $20 million liability.
· In an action for breach of contract, convinced the jury to enter a defense verdict, saving the corporate client millions of dollars in compensatory and statutory damages.
· In an employment discrimination case brought in federal court against the commissioners of a public housing authority, obtained an involuntary dismissal of the complaint against the commissioners prior to trial.
Professional & Community Involvement
· Police Athletic League,Vice Chair and Member, Board of Directors, 2011
· Executive Women of the Palm Beaches, Board of Directors, 2008-2010
· United Way of the Palm Beaches, Member, Board of Directors, 1997-2007
· Children's Place/Connors Nursery, West Palm Beach, Past President, 1995-2006
· Member, Board of Directors Poinciana Day School, West Palm Beach, Board of Directors, 1993-2003
· Commissioner, Florida Supreme Court Commission on Professionalism 1997-2000
· Palm Beach County Community College, Member, Board of Trustees, 1997-1999
· Collins Center for Public Policy, Tallahassee, Member, Board of Trustees, 1995-1998
Awards & Recognition
· AV Rated by Martindale Hubbell
· Florida Super Lawyers (2006 - 2010)
Articles & Presentations
Articles
· Litigating Exemptions Under ILSA: From a Waterfall to a Trickle, Daily Business Review, October 2011
· Editor, 50 State Survey of Bad Faith Laws (2008-2009)
Presentations
· Panelist, Ethics Seminar, National Bar Association Commercial Law Meeting 2011
· Panelist, Ethics Seminar, ABA Annual Conference 2010
· American Law Institute/American Bar Association, Washington, D.C., 1998 - 2007
· "Litigators Under Fire," Annual Nationally Televised Seminars, Faculty Member
Prior Affilitations
· Edwards Angell Palmer & Dodge LLP
· Nason Yeager Gerson White & Lioce, P.A.
· Albert Einstein Healthcare Foundation
· Drinker Biddle & Reath
· U.S. District Court for the Eastern District of Pennsylvania