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James A. Comodeca: Lawyer with Dinsmore & Shohl LLP

James A. Comodeca

LinkedIn
Partner
Cincinnati,  OH  U.S.A.
Phone(513) 977-8358

Peer Rating
 5.0/5.0
AV® Preeminent

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Experience & Credentials Ratings & Reviews
 

Practice Areas

  • Products Liability
  • Mass Tort
  • Toxic Tort
  • Tort
  • Class Action
  • Entertainment, Media & Sports
  • Health Care
  • Construction
 
University Miami University, A.B., Political Science, 1984
 
Law SchoolUniversity of Akron School of Law, J.D., 1987 Law Review
 
Admitted1987, Ohio; 1996, Kentucky; U.S. Supreme Court; Sixth Circuit Court of Appeals; Southern District of Ohio; Northern District of Ohio; Eastern District of Kentucky; Western District of Kentucky; Eastern District of Michigan; U.S. Tax Court
 
BornCleveland, Ohio, January 6, 1962
 
Biography

Utilizing a personal, communication-driven approach, Jim leverages his extensive experience and knowledge of business operations to represent a variety of companies and clients in all matters of litigation. A history of representing companies in product liability, professional negligence and commercial matters has provided Jim with a deep reservoir of knowledge that allows him to meet the wide breadth of clients' needs in an efficient manner.

Serving a wide variety of clients all over the country, from hospitals to medical device manufacturers to construction companies, Jim has been able to tailor his approach to represent and protect the unique interests of each client. His experience working with nationally recognized institutions, such as Cincinnati Children's Hospital, provides his clients with a competitive advantage as they look to mitigate risk in today's uneasy marketplace.

Jim's practical approach also allows him to extend his knowledge to issues involving product liability and safety, including the issues arising from intensely complex, high-end projects like bridges and dams. Marrying an understanding of functional business operations, environmental issues and financial concerns, Jim works to tailor his approach for each client, understanding that the courtroom isn't always a feasible or desirable resolution. However, Jim also knows that sometimes litigation is inevitable, and he draws on his extensive experience in state and federal courts to prepare and present cases for trial, using his partnership with each client to build strong strategies that help clients meet their objectives in an efficient manner.

Knowing that communication, discretion and urgency are the keys to meeting clients' needs, Jim takes an aggressive, yet practical approach to finding the appropriate resolutions for each client.

Memberships & Affiliations

· Epilepsy Foundation of Greater Cincinnati, Board Chair

· Center for Resolution of Disputes, Board Member

· Good Shepherd Lutheran Church, Past Board Member

· Leadership Cincinnati, Class XXIX

· International Association of Defense Counsel

· Defense Research Institute

· American Inn of Courts

· Ohio State Bar Association

· Kentucky Bar Association

· Cincinnati, Northern Kentucky and Warren County Bar Associations, including past chair of Sports/Entertainment Law Committee and current member of Grievance Committee

· Northern Kentucky University, Adjunct Faculty (2003-Present)

· Xavier University, Past Adjunct Faculty (1992-2001)

Distinctions

· Named "Lawyer of the Year" in Cincinnati for Mass Tort Litigation by The Best Lawyers in America®, 2012

· Peer Review Rated AV in Martindale-Hubbell

· Listed in The Best Lawyers in America®

· Selected for the Ohio Super Lawyers® List

Experience

Saltsgaver v. Cincinnati Children's Hospital Medical Center, et al.
Cincinnati Children's Hospital Medical Center
Defense of suit involving medical negligence and medical device product liability claims

Secretary of Labor v. International Construction Firm
International Construction Firm
Represented international firm providing construction, engineering, design-build, start-up and maintenance services to the commercial, environmental, heavy industrial and governmental markets in a number of matters arising under the Occupational Safety and Health Act (OSHA)

Ponder v. AT&T Corporation and
Lucent Technologies Inc. Lucent Technologies Inc. and AT&T
National 50,000 person class action asserting violation of Section 301 and ERISA for cancellation of retiree benefits provided by collective bargaining agreement

Rose v. Giamatti
Bart Giamatti, Commissioner of Major League Baseball
Suit for injunctive relief involving Reds player-manager, Pete Rose, and the then Commissioner of Baseball, Bart Giamatti

Werden v. Children's Hospital Medical Center Appellate Briefing
Children's Hospital
Medical Center Medical malpractice claim

Wolfe v. Bramel
Cincinnati Children's Hospital Medical Center
Defense of medical negligence claim

Synthia Richardson, et. al. v. Merck & Co., Inc., et al.
Defendant Pharmaceutical Supplier and Medical Care Provider
Defense of wrongful death suit involving allegations of drug product liability and medical negligence

Vaughan v. Cincinnati Children's Hospital Medical Center
Cincinnati Children's Hospital Medical Center
Defense of suit alleging pharmacy negligence

Newbanks v. Cincinnati Children's Hospital Medical Center
Cincinnati Children's Hospital Medical Center
Defense of medical negligence/products liability

Dever v. Casheer Appellate Briefing
Children's Hospital Medical Center
Claim based on report of suspected child abuse to child welfare authorities

Holderer v. Hoffman-LaRoche, Inc.
Hoffman-LaRoche, Inc.
Defense of products liability claims

A. Angel v. Reading Rock, et al.
International Industrial Machine Manufacturer from Japan and United States Based Distributor
Defense of suit for alleged product liability and intentional tort

Arnett v. Cincinnati Children's Hospital Medical Center
Cincinnati Children's Hospital Medical Center
Defense of suit alleging medical negligence, negligent infliction of emotional distress, and intentional infliction of emotional distress

Liability Analysis and Insurance Solutions for Foreign Manufacturers and Technology Licensors
Foreign Manufacturers/Foreign Licensors
Evaluation of product liability, then insurance and other solutions for foreign manufacturers and technology licensors

Medical Malpractice Defense Litigation
Children's Hospital Medical Center and Employed Physicians
Defense of pediatric medical center and its employees and employed physicians against claims including personal injury, malpractice, negligence and issues of informed consent

In re Bendectin Products Liability Litigation
Merrell Dow Pharmaceuticals, Inc.
Part of national defense team that successfully defended Merrell Dow in thousands of suits alleging that birth defects were caused by the prescription anti-nausea medication, Bendectin

Kottmyer v. Maas Appellate Briefing
Children's Hospital Medical Center
Claim based on report of suspected child endangerment to child welfare authorities

Publications

January 12, 2012, CAFA Connection

November 1, 2011, "Inside the Minds: Litigating Products Liability Class Actions: Leading Lawyers on Interpreting Recent Decisions, Assessing a Case's Validity, and Preparing for Trial," chapter written by Jim Comodeca and Gabrielle Hils

August 11, 2011, CAFA Connection Q3, 2011

February 23, 2011, Seeking CAFA Clarity: A Summary of Recent Case Law Addressing Challenges to Jurisdiction Under the Class Action Fairness Act

May 4, 2010, Alternative Fee Arrangements: Risk Sharing Requires A Strong Partnership

June 2009, "Pharmaceutical Preemption after Levine," ALFA Seminar

May 2008, "Recovery of Nonpecuniary Damages in Mass Tort Actions in Kentucky: A Defense Perspective," 35 N. KY. L. REV. 197 (2009)

September 1, 2006, Killing the Golden Goose by Evaluating Medical Care Through the Retroscope: Tort Reform from the Defense Perspective, 31.2 U.Day.L.Rev. 207 (Symposium Issue 2006)

March 2002, "Compendium of Business Litigation Law Issues"

June 4,1997, "Standard of Care v Standard of Practice," CAPS Matters Vol. 1, 1997

Presentations

September 2011, "Indemnity Agreements (and other issues) with Asian Suppliers, including Enforceability and Insurance," American Law Firm Association

July 2011, "Social Media Issue for Healthcare," Shriners Hospitals for Childrens

March 2011, "Removal to Federal Court and CAFA Update," American Law Firm Association 2000 - 2010, "Sports Risk Management," Northern Kentucky University, Salmon B. Chase Law School

September 2010, "Training, Athletics and Law," Northern Kentucky University, Department of Athletic Training

June 2010, "Do You Know Who's Watching (social networking issues)," Cincinnati Childrens Hospital Medical Center, Respiratory Therapy Seminar

March 2010, "Alternative Fee Trends," American Law Firm Association

June 2009, "Pharmaceutical Preemption: Wyeth v. Levine," American Law Firm Association

2009, "Risk Management and Law," Beacon Orthopedics

April 24, 2007, "Athletic Health Care Risk Management," Kentucky Athletic Trainers Association Symposium

2007, "Risk Management and Law," Kentucky Athletic Trainer Association

November 5, 2006, "Professional Conduct of Engineers in Ohio," Half Moon Seminars

September 12, 2005, "She Blinded Me With Science: Attacking Junk Medicine and Other Science Experts," Northern Kentucky Bar Association

May 22, 2005, "Select Strategies For Defense Of Class Actions," American Law Firm Association

January 2005, "She Blinded me with Science: Attacking Junk Medicine and Other Science Experts," Northern Kentucky Bar Association

May 24, 2004, "Are You Making Enough Money: A Primer on Contracts," Ohio Valley Academy Silver Circle Seminar

June 10, 2002, "The Fungus Among Us - Update on Mold Litigation," Columbus Bar Association, Columbus, Ohio

June 2002 & 2003, "Sports & Entertainment Law," Inside Look, Cincinnati Bar Association

September 10, 1990, "Medical-Legal Analysis and Considerations in Product Liability Cases Involving Pharmaceutical Companies

May 20, 1989, "Pharmacist Liability," Drug Product Liability Treatise, 1989

 
ISLN908255083
 

Documents by this lawyer on Martindale.com

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CAFA Connection Q3, 2011: Latest Developments in the "Class Action Fairness Act"
James A. Comodeca,M. Gabrielle Hils,Emily W. Zahn, August 12, 2011
Welcome to the inaugural issue of Dinsmore & Shohl's CAFA Connection, a quarterly firm e-publication reporting on recently decided cases addressing the Class Action Fairness Act ("CAFA"). Although CAFA was enacted in 2005, its provisions are the subject of ongoing review and...

Seeking CAFA Clarity: A Summary of Recent Case Law Addressing Challenges to Jurisdiction Under the Class Action Fairness Actl
James A. Comodeca,M. Gabrielle Hils, February 28, 2011
In 2005, CAFA was enacted to assure fair and prompt recoveries for class members with legitimate claims, restore the intent of the framers of the United States Constitution by providing for Federal court consideration of interstate cases of national importance under diversity jurisdiction, and...


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Office Information

James A. Comodeca
Dinsmore & Shohl LLP
255 East Fifth Street, Suite 1900
Cincinnati, OH 45202-4700




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