Daly, James R.

Current Employment Position(s)

Partner

Lawyer Overview

Jim Daly is the litigation coordinator for the Chicago Office and divides his time between class action defense, general commercial litigation, and the defense of clients involved in state and federal investigations of alleged fraud and False Claims Act suits. He is a trial lawyer with extensive experience in numerous class action defenses involving health care, financial instruments, real estate transactions, TILA, RESPA, RICO, and state consumer fraud statutes. He also leads the defense of clients in the pharmaceutical industry in a variety of significant multijurisdictional cases involving claims of improper pharmaceutical pricing practices under Medicaid, Medicare, and various private insurance reimbursement systems.

Jim represents Abbott Laboratories and TAP Pharmaceutical Products in civil suits alleging they falsely reported the "average wholesale price" for various drugs in order to inflate the reimbursement paid by Medicare, Medicaid, and private payors for those drugs. He also is currently representing Potash Corporation of Saskatchewan in consolidated class actions brought by direct and indirect purchasers alleging an international price-fixing conspiracy in the potash industry.

Jim is admitted to practice in various federal district and circuit courts and the United States Supreme Court and is a member of the Trial Bar of the United States District Court for the Northern District of Illinois, the Illinois State Bar Association, and The Chicago Bar Association.

Areas of Practice

• Trial Practice
• Class Action Litigation
• Financial Services
• Pharmaceuticals

Representative Cases

• Abbott and TAP Pharmaceutical defend against Average Wholesale Price (AWP) litigation , (2009)
• Abbott Labs and other pharmaceutical manufacturers successfully defend against Texas state court action alleging Medicare fraud , (2009)
• Abbott Labs defends against Ven-A-Care's accusation of alleged Medicare fraud , (2010)
• Abbott Labs pursues patent infringement action pursuant to Hatch-Waxman Act
• Abbott Labs wins summary judgment in multi-million dollar breach of contract action
• Abbott prevails in contempt proceedings to enforce injunction prohibiting Apotex from obtaining FDA approval for generic version of Depakote®
• Abbott pursues patent infringement action under Hatch-Waxman Act , (2009)
• Abbott wins and sustains favorable judgment in patent infringement case involving drugs for epilepsy and bipolar disorder , (2009)
• Abbott wins patent infringement verdict after bench trial in Hatch-Waxman case involving anticonvulsive drug Depakote® , (2009)
• Abbott wins summary judgment in patent infringement action to prevent FDA approval of generic version of Depakote® , (2009)
• ABC Rail prevails in breach of contract action
• American General Finance achieves dismissal in putative nationwide class action alleging TILA, RICO and state consumer fraud law violations relating to open-ended credit
• American General Finance obtains dismissal of putative nationwide class action alleging RICO and state consumer fraud law violations in sale of insurance products
• American General Finance wins dismissal of putative nationwide class action with RICO and state consumer fraud law claims in personal loan refinancing
• Cellegy Pharmaceuticals defends against litigation involving unfair competition and other claims in licensing, development, and marketing of hormone replacement drug
• Corus Bank provides $25 million construction and development loan for San Francisco high-rise condo project , (2009)
• Dovenmuehle Mortgage wins summary judgment on late charge claim and dismissal of overescrowing charges in class action
• First American Title successfully defends against putative class action alleging illegal kickbacks to attorney agents
• GM defends nationwide class action challenging automobile lending practices
• Golden Harvest Seeds seeks declaratory relief to terminate member company and defends breach of fiduciary duty counterclaims
• IBM obtains dismissal in breach of contract and fraud action involving Y2K allegations
• IBM settles favorably in breach of contract action involving services agreement
• Lehman Brothers negotiates favorable class-wide settlement of mortgage lending litigation alleging TILA violations
• Lehman Brothers subsidiary defends against putative class action in Illinois relating to alleged improper charging of residential mortgage payoff statement fees
• Lomas Mortgage prevails in contract case over financing for major urban vertical-mall project
• Lomas Mortgage wins summary judgment in multimillion dollar action alleging improper imposition of late charges on residential mortgage loans
• Medco Research obtains dismissal of shareholder derivative action
• Medco Research obtains summary judgment in securities fraud action
• NationsBanc defends against putative class action alleging improper calculation of interest rates on ARMs
• NationsBanc defends against putative nationwide class action alleging improper imposition of late charges on mortgage and consumer loans
• NationsBanc defends against putative nationwide class action alleging violations of Fair Debt Collection Practices Act
• Potash Corp. defends antitrust claims , (2009)
• Principal Mutual successfully defends against nationwide class action involving residential mortgage escrow accounts
• SunTrust prevails against nationwide class action alleging improper mortgage servicing practices
• Trammell Crow prevails in appeal of trial court judgment involving financing fees
• Wells Fargo Bank negotiates settlement in nationwide class action

West Practice Categories

Bankruptcy Litigation, Class Actions, Complex Litigation, Federal Appellate Practice, Federal Claims Court, Federal Trial Practice, International Trade Litigation, Litigation & Appeals, Military & Veterans Appeals, Multidistrict Litigation, Patent Litigation, State Appellate Practice, State Trial Practice, Tax Litigation, US Court of Appeals for the Federal Circuit, US Supreme Court

Bar Admissions

• Illinois

Education

• Case Western Reserve Univ
• Ohio State University

Address

77 West Wacker
Chicago, IL 60601-1692

Phones

1.312.269.4141 (Business Phone)

Faxes

1.312.782.8585 (Business Fax)

Emails

Contact Us (Business Email)

Websites

http://www.jonesday.com