James M. Dunphy, Jr.

Partner

MassachusettsNew HampshireVermont

Offices

Massachusetts

40 Court St.

Boston, MA 02108

Practice Areas

Construction & Construction Defects

Entertainment, Sports & Recreation

Food & Beverage Liability

Hospitality

Premises Liability

Product Liability

Transportation

Experience

Jim is a Partner in the firm’s Boston, MA office with over 27 years of experience litigating cases in both state and federal courts. He has successfully represented businesses and individuals in the areas of premises liability, dram shop liability, railroad claims under the Federal Employers’ Liability Act (FELA), railroads, product liability, motor vehicle liability, construction liability, food borne illness, cargo recovery (including under the Carmack Amendment), intentional torts and civil rights violations. Clients often retain Jim for cases that require a trial. During his career, Jim has tried more than 35 cases to verdict, including cases involving claims for premises liability, construction defects, construction site accidents, cargo recovery, and motor vehicle accidents. Jim has tried, litigated, arbitrated, and advised premises liability cases on behalf of national corporate clients, including a major retailer who presented Jim with an award for Excellence in Legal Advocacy in 2015.

Jim seeks creative and cost effective approaches to resolving cases short of trial. A significant portion of Jim’s practice entails alternative dispute resolution, including binding arbitration and mediation. During a typical year, he defends 6 to 10 binding arbitrations. Jim has won over 50 cases via dispositive motions.

Court Admissions

  • Massachusetts
  • New Hampshire
  • Vermont
  • U.S. District Court for the District of Massachusetts
  • U.S. District Court for the District of New Hampshire
  • U.S. District Court for the District of Vermont

Notable Matters

  • Winning defense verdict after a five-day trial in a case arising from a plaintiff’s fall into elevator shaft after proving that the plaintiff’s own negligence was the primary cause of his fall.

Education

  • New England School of Law, J.D., 1994
  • Villanova University, B.A. cum laude, 1990

Professional & Community Affiliations

  • Defense Research Institute
  • Vermont Bar Association