Attorney Profiles

James A. McGovern
Pittsburgh, Pennsylvania

Shareholder
phone	(412) 803-1180
fax	(412) 803-1188
email	jamcgovern@mdwcg.com

James devotes the majority of his practice to the defense of attorneys, accountants, brokers, broker-dealers, investment firms, insurance agents, real estate agents, architects, engineers and other professionals in professional negligence claims. He also counsels and represents clients with regard to regulatory matters with self-regulatory organizations and state securities and insurance commissions. He regularly represents clients at Financial Industry Regulatory Authority (FINRA) mediation and arbitration hearings throughout the country.

A substantial portion of his practice is also devoted to the defense of municipalities and public officials in civil rights and other litigation.

James has tried numerous cases to jury verdicts and arbitration panel awards and has successfully argued several cases in the appellate courts of Pennsylvania.

Following law school, James served as a law clerk to The Honorable Robert I. Richter of the Superior Court of the District of Columbia and subsequently practiced in Virginia and the District of Columbia before returning to Pittsburgh. He maintains active bar memberships in both of these jurisdictions.

James has been awarded an AV Peer Review Rating by LexisNexis Martindale-Hubbell, which identifies a lawyer with very high to preeminent legal ability, and is a reflection of his knowledge, experience, integrity and overall professional excellence.

Significant Representative Matters

Successful on a motion to dismiss in a case asserting a breach of implied warranty of workmanship against an architect involving a construction project wherein the property on which the buildings designed by the architect had been previously undermined for coal.

Successful in obtaining a dismissal of an engineering malpractice claim due to Plaintiff's failure to file a certificate of merit. Prevailed against Plaintiff's argument that a certificate of merit was not necessary because the claim was based on a theory of negligent misrepresentation and not professional malpractice.

Successful on a motion to dismiss in a claim against an attorney for the alleged negligent drafting of a Will wherein the decedent's two adult children received disproportionate distributions. (Affirmed on appeal.)

Successful in obtaining summary judgment in a case of first impression in favor of an insurance agent in a case involving alleged improprieties regarding uninsured/underinsured motorists' waiver forms.

Successful in obtaining summary judgment in favor of a county mental health agency in a case involving an involuntary psychiatric commitment of a hospital patient who threatened to mutilate herself if she was not given the medical treatment of her choice. (Affirmed on appeal.)

Successful in obtaining a dismissal in a case of first impression against an investment professional in a civil action brought under the Pennsylvania Identity Theft Statute involving allegations of forged and unauthorized annuity withdrawals by the annuitant's daughter.

Successful in obtaining a jury verdict in a products liability claim brought against the manufacturer of a forging hammer whose operator lost a finger while misusing the hammer.

Successful in obtaining a judgment notwithstanding the jury verdict in favor of a county in a civil rights claim brought by a tax assessment advisor who represented clients in tax assessment hearings conducted by the county commissioners.

Successful in obtaining several arbitration awards in favor of brokers and brokerage firms accused of negligent investment advice.

Successful in obtaining summary judgment in a case of first impression in a claim brought against a pesticide applicator pursuant to the Federal Insecticide, Fungicide and Rodenticide Act. (Affirmed on appeal.)

Successful in obtaining summary judgment in a case against a brokerage firm in which it was alleged that over 30 plaintiffs were sold worthless promissory notes by a former registered representative of the firm. (Affirmed on appeal.)

Year Joined Organization:: 2000

Areas of Practice:: Civil Rights; Construction; Employment; Errors and Omissions; Professional Liability; Securities

Bar Admissions:: Virginia, 1990; Pennsylvania, 1991; District of Columbia, 1992; U.S. Supreme Court, 2002

Education:: George Washington University National Law Center, Washington, District of Columbia, 1990
J.D.; University of Pittsburgh, 1987
B.S.
Honors: Magna Cum Laude
Major: Business

Honors and Awards:: AV Peer Review Rating by LexisNexis Martindale-Hubbell

Professional Associations and Memberships:: Allegheny County Bar Association; Pennsylvania Bar Association; Professional Liability Underwriting Society (PLUS)

Past Employment Positions:: Hon. Robert I. Richter, Superior Court of the District of Columbia, Law Clerk; VanGrack, Axelson, Williamowsky & Jacobs, Falls Church, VA, Associate Attorney; Israel, Wood & Puntil, Pittsburgh, PA, Associate Attorney