James J. Ostertag
Partner

Practice Areas

Experience

James Ostertag has litigation, trial, and appellate experience in state and federal court involving a broad range of issues. He specializes in representing product manufacturers, contractors, and premises owners in toxic tort and products liability litigation, and has successfully defended clients in jury trials and on appeal in these matters. He also has represented clients in a broad range of commercial disputes, including business torts, breach of contract, unfair business practices claims, and technology-related disputes.

James experience also includes serving as national, regional, and local trial and defense counsel for clients in asbestos litigation. He has worked extensively in developing trial and defense strategies, as well as expert witnesses in complex, scientific fields relevant to toxic tort litigation. He has extensive experience in all aspects of pre-trial and trials in asbestos, toxic tort, and product liability cases.

James has been recognized as a "Super Lawyer" by the publishers of the Northern California Super Lawyers magazine for 2009. Inclusion in Super Lawyers is based on a peer-review survey.

Representative Matters

• Lead trial counsel for a major automobile manufacturer in asbestos products liability jury trials in various courts, obtaining defense verdicts in three separate jury trials in 2006, 2005, and 2003. Each case involved plaintiffs with mesothelioma alleging that it was caused in whole or part from automotive brake work. The trials in each of these cases were lengthy and involved complex scientific and medical issues.
• Represents major truck and heavy vehicle manufacturers in product liability actions.
• Represented major truck manufacturers in diesel exposure litigation.
• Represented major construction and engineering firm in jury trials arising out of alleged asbestos exposure, resulting in three defense verdicts.
• Prosecuted claims for software distributor against developer for breach of contract arising out of developers refusal to deliver software. Obtained post-trial, alter-ego judgment against shareholders of software licensing corporation.
• Defended bank against $60 million fraud, bad faith, and lender liability claims brought by borrower, resulting in dismissal of claims after extensive discovery and motion practice.
• Defended insurance company against unfair business practices claims arising out of manner in which auto repair claims are handled through repair facilities.
• Trial experience in California state and federal court, and state courts in Washington, New York, Michigan, and Delaware.

Reported Cases

• Geist v. Sequoia Ventures Inc. (2000) 83 Cal.App.4th 300. Nonsuit obtained at trial for client affirmed on appeal.

Admissions

James is admitted to practice in California and before the United States district courts for the Central and Northern districts of California.

Education

University of California, Hastings College of the Law, J.D., cum laude
University of Hawaii, B.B.A.

Affiliations

American Bar Association
Bar Association of San Francisco
American Business Trial Lawyers Association