David JamesDavid James Clark Hill
An experienced litigator, David James focuses his practice on admiralty, maritime, and commercial litigation. He represents vessel owners, charterers, shipyards, drilling contractors, terminal operators, vessel agents, port authorities, and marine underwriters. He serves as chair of Clark Hill Strasburger's Admiralty & Maritime practice.
David routinely advises clients on a variety of business issues such as shipyard damage claims, collisions and allisions, occupational disease claims, insurance coverage disputes, limitation of liability, personal injury claims by seamen, longshoremen, and other workers within admiralty jurisdiction.
- Responded and investigated casualties and other maritime incidents; correspondent for several members of the International Group of P&I Clubs.
- Prepared and reviewed maritime related agreements, including vessel construction and repair contracts, charter parties, master service agreements, vessel sale, and vessel finance documentation.
- Represented a vessel owner in various matters arising out of a large collision and oil spill; engaged to respond to incident and protect owner's interests in investigations by the NTSB, USCG, Texas GLO and other agencies; transitioned role to the defense of related complex civil litigation asserted by more than 20,000 claimants, with a large pro-se component; developed litigation strategy, including the first use of a Lone Pine Case Management Order in the context of an action brought pursuant to the Shipowners' Limitation of Liability Act; secured the dismissal in excess of 17,000 claimants prior to commencement of discovery.
- Defended class action asserted against a vessel owner on behalf of agricultural interests arising out of an allision with a lock operated by the United States; asserted claims against the United States and secured dismissal of the United States' counterclaims prior to commencement of discovery; resulted in very favorable settlement for client.
- Represented shipowner in a stranding that involved a Lloyd's open form salvage agreement; worked with UK based solicitors and barristers to secure a satisfactory result in litigation involving the salvor's unjustified invocation of SCOPIC.
- Handled large allision matter involving the total destruction of an oil terminal's dock; matter settled before commencement of litigation on terms highly favorable to shipowner client.
- Successfully received dismissal of breach of contract claim due to claimant's failure to fulfill discovery obligations.
- Recovery arising out of the explosion aboard barge at a shipyard.
- Defended a claim by insurer for underpaid premiums; secured dismissal of insurer's claim and an affirmative recovery on counterclaim for the overpayment of premiums.
- Prepared multiple vessel newbuilding contract on behalf of vessel owner.
- Assisted in the arrest and sale of barges on behalf of port authority.
- Successfully defendedævessel manager in personal injury matter based upon lack of in personam jurisdiction.
- Defense of Jones Act claims in various state and federal courts.
- Assisted in the arrest and sale of offshore drilling rig for unpaid berthage.