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James Z. Foster

James Foster is an associate in the firm’s Litigation practice group. James focuses his practice on commercial and business litigation. He represents clients in a wide variety of matters before state and federal courts, including contract claims, federal and state statutory claims, land disputes, business torts and products liability cases. James also has deep experience representing clients in mass tort and multi-district litigations involving pharmaceutical and medical device products. He has represented clients in all stages of litigation, ranging from large discovery proceedings to trial to appellate review.

Concentrations

  • Commercial litigation
  • Business torts and contract disputes
  • Real estate litigation
  • Products liability
  • Pharmaceutical & medical device litigation

Capabilities

Experience

  • Representing government client in tax refund class action.
  • Representing owner/purchaser in construction dispute with contractor over wastewater treatment system project.
  • Defending multinational technology company against breach of contract claim brought by integrated partner.
  • Representing government client in intergovernmental water rate dispute.
  • Attained unanimous jury verdict as co-lead trial counsel in case involving breach of commercial lease.
  • Represented prominent transportation authority in complex construction litigation and helped secure resolution of all claims.
  • Defended school district against tort claims, including negligent hiring, negligent retention and punitive damages and achieved dismissal of all claims with prejudice.
  • Defended bank client in numerous garnishment proceedings.
  • Represented major medical device manufacturer in 5-week bellwether trial against claims of design defect, failure to warn, negligence, common law fraud, negligent misrepresentation, loss of consortium and punitive damages.
  • Represented major medical device manufacturer in a complex and diverse multi-district litigation involving women’s pelvic health products, including on intricate issues of materials science, medical device design, medical causation and FDA/regulatory issues.
  • Represented several major medical device manufacturers and pharmaceutical companies in various stages of mass tort and multi-district litigations regarding a variety of products, including hernia mesh, hormone replacement therapy, chemotherapy, and proton-pump inhibitors. 
  • Assisted with mediating and arbitrating high-value cases and helped secure numerous favorable settlements for clients.
  • Co-counsel for death row inmate seeking post-conviction relief.
  • Judicial Intern, Hon. Doug McCullough, North Carolina Court of Appeals, 2015

Recognition & Leadership

  • Team Member, The American Lawyer’s “Regional Litigation Department of the Year - Georgia,” 2018 
  • Team Member, The American Lawyer’s “Products Liability Litigation Department of the Year,” 2018

Credentials

Education
  • J.D., University of North Carolina School of Law, 2017
    • Member, North Carolina Law Review
  • B.A., Economics, magna cum laude, University of Mississippi, Sally McDonnell Barksdale Honors College, 2014
    • Phi Beta Kappa
Admissions
  • Georgia
  • Court of Appeals of Georgia
  • U.S. District Court for the Northern District of Georgia