James J. Frost


When a client is searching for lead counsel to manage the risk in material national and regional litigation, Jim is a top choice for many businesses operating across a broad range of industries.  Based on his over 40 years of litigating cases, Jim combines his depth of experience with his commitment to partner closely with a company’s legal, technical, and leadership team to effectively and successfully lead clients through challenging litigation.

In just the last five years, Jim has served as lead counsel on cases pending in state and federal courts across the country involving:

  • consumer protection claims against a packaged food company
  • environmental contamination at an industrial site
  • product liability for a manufacturer of material handling system and another for a grain handling system manufacturer.
  • false labeling claims for a pet food manufacturer
  • tort claims lodged against a religious organization
  • ongoing long-term lead paint claims

Jim has been recognized for his professionalism and success for many years by Great Plans Super Lawyers and Best Lawyers in America.  But he is most proud and thankful or the long-term confidence many business clients continue to show him by choosing him year after year to help protect their businesses.


Representative Matter

  • Represented successor to a lead pigment manufacturer in numerous cases  brought over the last 15 years  in which claims were asserted  for  public nuisance, product liability  and tort  in state and federal courts in Rhode Island, Wisconsin , Ohio, Illinois and California arising from   pre-1950 sales of lead paint for residential housing.
  • Chafin v. Wisconsin Province of the Society of Jesus , 301 Neb 94 ( 2018)—Lead counsel and obtained complete dismissal of tort claims brought against a religious organization.
  • McCabe v. ConAgra Foods, 2017 WL 889516 ( 2nd Cir. 2017) — Lead defense counsel and obtained a complete dismissal  of a putative class action against a packaged foods company on  contract and consumer protection claims related to charitable promotion.
  • Orange County Water District v. Sabic  Innovative Plastics et.al. ( Orange County, California 2020) –Lead counsel to a successor to a former operator of an industrial site  and obtained costs of defense settlement  of multi-million dollar  statutory and tort claims for costs of  investigation and  cleanup related  water contamination.
  • Ag-Valley Cooperative v. Servinsky Engineering, et. al. ( Lancaster County, Neb. 2020) –Lead counsel to a manufacturer of conveyor and material handling systems and obtained complete dismissal of product liability claims related to failure of grain bin.
  • Soranco Bean Products, Inc v. Streamline Precision ( Cassia County , Idaho 2017)—Lead defense counsel and obtained a partial summary judgment in favor  of a manufacturer of a grain handling conveyor system on all contract claims leading to a favorable settlement of related product liability claims.
  • Ko v. Natura Pet Products, 2012 WL 3945541 (N.D. Cal) –Lead counsel in  class action against  a pet food manufacturer for false labeling claims. Obtained approval of a contested nationwide class settlement on extremely favorable terms.
Share Button
Industries
Recent Activity
Professional Background
Admitted

Nebraska, 1981

U.S. Court of Appeals, Eighth Circuit, 1987

Education

Creighton University School of Law, Magna Cum Laude, 1981

Creighton University B.S.B.A., 1978

Accomplishments

Listed: Great Plains Super Lawyers (Business Litigation) 2011-2020

Listed: “Best Lawyers in America”, Commercial Litigation, Insurance Law, Litigation – Securities

Listed: Martindale Hubbell, AV/Preeminent Rating

Fellow, Nebraska State Bar Foundation

Professional Organizations

Omaha Bar Association

Nebraska State Bar Association

American Bar Association

Nebraska Association of Trial Attorneys