James P. Shay

JS

Biography

As an associate in the Professional Liability Department, James represents a wide range of insurance carriers in bad faith litigation and insurance fraud.

Prior to joining the firm, James litigated bankruptcy and foreclosure actions at a mid-sized Center City creditor's rights firm, during which time he accumulated significant federal and state-court experience while representing the interests of major financial institutions in Pennsylvania in New Jersey.

James worked in a full-time administrative role at a prominent Mid-Atlantic corporate law firm headquartered in Philadelphia while pursuing his law degree, which he obtained from Rutgers University School of Law in 2015. A native of Chicago, James graduated from the University of Illinois at Urbana-Champaign in 2009 with a bachelor's degree in English and a minor in Philosophy.

Year Joined Organization: 2018

Publication

“Split in authority” makes federal court the preferred forum for defending a UTPCPL claim.
Law Alerts • April 1, 2019
The plaintiff filed suit alleging violations of the Pennsylvania Unfair Trade Practices and Consumer Protection Law (UTPCPL), among other counts. The defendant moved to dismiss the UTPCPL claim, arguing the economic loss doctrine barred recovery..., Case Law Alerts, 2nd Quarter, April 2019 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...

Relaxed federal pleading requirements render dismissal of bad faith count “impossible” pre-discovery.
Law Alerts • April 1, 2019
The plaintiff filed suit under a homeowner’s policy, alleging breach of contract and statutory bad faith under 42 Pa. C.S.A. 8371. The defendant moved to dismiss the bad faith count for demurrer and insufficient specificity. In denying the..., Case Law Alerts, 2nd Quarter, April 2019 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...

Discovery of similar claims evidence in 42 Pa. C.S.A. 8371 bad faith cases remains “disfavored” in the Third Circuit.
Law Alerts • April 1, 2019
The plaintiff insured moved to compel the defendant’s responses to interrogatories, requesting disclosure of any bad faith suits filed against the insurer within the past ten years. The defendant argued this was a violation of the Due Process..., Case Law Alerts, 2nd Quarter, April 2019 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...

Plaintiff must describe “who, what, where, when and how” alleged bad faith conduct under Pa.R.C.P. 8371 occurred to avoid dismissal.
Law Alerts • January 1, 2019
In this declaratory judgment action, the carrier filed a motion to dismiss a 8371 bad faith counterclaim based on the defendant’s failure to plead it with specificity. The court granted the motion and dismissed the claim for a failure..., Case Law Alerts, 1st Quarter, January 2019 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal...

Challenges to the reasonableness and necessity of medical treatment do not fall within the scope of a bad faith claim under Pa.R.C.P. 8371.
Law Alerts • January 1, 2019
The plaintiff’s complaint included a 8371 bad faith count based on the carrier’s refusal to pay medical costs it found to be unreasonable and unnecessary. In dismissing the bad faith count, the court ruled the allegations actually..., Case Law Alerts, 1st Quarter, January 2019 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal...

It is not dispositive of bad faith under Pa.R.C.P. 8371 if a carrier does not immediately attend to a formal demand.
Law Alerts • January 1, 2019
The plaintiff sued his carrier for bad faith under 8371, claiming unreasonable delay in the handling of his UIM claim. The carrier had informed the plaintiff of its intent to further investigate the claim three months after a formal demand..., Case Law Alerts, 1st Quarter, January 2019 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal...

Areas of Practice (3)

  • Insurance Coverage/Bad Faith Litigation
  • SIU Investigation and Litigation
  • Property Litigation

Education & Credentials

Contact Information:
(215) 575-4555  Phone
(970) 803-5501  Fax
www.marshalldennehey.com
University Attended:
University of Illinois at Urbana-Champaign, Champaign, IL, B.A., Major: English
Law School Attended:
Rutgers University School of Law, Camden, NJ, J.D., 2015; Minor: Philosophy, 2009
Year of First Admission:
2015
Admission:
2015, U.S. District Court of New Jersey; 2016, U.S. District Court Eastern District of Pennsylvania; 2016, U.S. District Court Middle District of Pennsylvania; 2016, U.S. District Court Western District of Pennsylvania; 2015, New Jersey; 2015, Pennsylvania
Memberships:

Associations & Memberships

•Philadelphia Bar Association - Young Lawyer's Division
•Saint Thomas More Society of Philadelphia

ISLN:
924650060

Peer Reviews

This lawyer does not have peer reviews.

*Peer Reviews provided before April 15, 2008 are not displayed.

Philadelphia, Pennsylvania

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