Capabilities
EXPLORE ALL CAPABILITIES
Bradley
Blogs Our Story Careers Offices
Insights & Events People
EXPLORE ALL CAPABILITIES
Industries
Food, Beverage & Hospitality Media & Entertainment Retail Telecommunications & Utilities
EXPLORE ALL CAPABILITIES
Practices
Affordable Housing & Community Development Antitrust & Competition Appellate Economic Development Emerging Growth Companies Employee Benefits & Executive Compensation Franchise & Distribution Government Contracts Government Enforcement & Investigations Governmental Affairs International & Cross Border Public Finance State Attorneys General & Regulators Trusts & Estates
EXPLORE ALL CAPABILITIES
Topics
Blockchain & Digital Assets Business Divorce Cannabis Coronavirus Disease 2019 (COVID-19) Cybersecurity & Privacy Disaster Planning, Recovery & Relief
EXPLORE ALL CAPABILITIES
Banking & Financial Services
Anti-Money Laundering Approval, Compliance and Enforcement Support for HUD, FHA & GNMA Matters Auto Finance Bankruptcy Compliance & Consumer Bankruptcy Litigation Broker-Dealer & Investment Adviser Commercial Lending Consumer Financial Protection Bureau (CFPB) Education Finance Examinations, CIDs & Subpoenas Financial Services Licensing Financial Services Litigation Fintech Manufactured Housing Payments Regulatory Compliance Reverse Mortgages Small Dollar & Unsecured Consumer Lending Tax Credits Title Insurance Claims & Title Defect Curative Vendor Management
Construction
Government Contracts International Arbitration, Construction Contract Negotiation, Administration, Dispute Avoidance, & Resolution
Energy
Oil & Gas Law Renewable Energy
Environmental Law
Environmental Regulatory, Transactional & Litigation Natural Resources Litigation
Healthcare
ACOs, Value-Based Payments, & Managed Care Ambulatory Surgery, Outpatient Imaging & Other Outpatient Services Behavioral Health Certificate of Need Clinical Research Health Information Technology, Privacy & Security Healthcare Mergers, Acquisitions, & Joint Ventures Healthcare Real Estate Home Health & Hospice Hospitals & Health Systems Long Term Care & Senior Housing Managed Care Litigation Medical Staff Issues Nonprofit & Tax-exempt Issues Regulatory Compliance Rehabilitation Services & Hospitals
Insurance
ERISA Litigation Life, Health & Disability Litigation Policyholder Insurance Coverage Regulatory/Corporate/Government Relations
Life Sciences
Food & Agriculture Litigation & Regulatory Life Sciences Litigation
Real Estate
Commercial Leasing Foreign Investment in U.S. Real Property Institutional Investment Real Estate Acquisitions & Dispositions Real Estate Finance & Development Zoning & Land Use
EXPLORE ALL CAPABILITIES
Bankruptcy & Creditors' Rights
Bankruptcy & Insolvency Litigation Bankruptcy Compliance & Consumer Bankruptcy Litigation Corporate Restructuring Creditors’ Rights Distressed Investing Distressed Municipal Finance Financially Distressed Construction Fraud & Asset Recovery Healthcare Restructuring Judgment & Arbitration Award Enforcement Receivers, Committees, Trustees, & Other Fiduciaries
Corporate & Securities
Business Divorce Capital Markets & Corporate Finance Emerging Growth Companies Mergers & Acquisitions Private Companies Private Equity Public Companies Public Finance Securities Regulation & Corporate Governance Venture Capital
Intellectual Property
Copyrights International & Cross Border IP & Competitive Practices Litigation Patent Litigation Patent Procurement, Management & Counseling Technology Transactions Trade Secrets Trademarks
Labor and Employment
Immigration
Litigation
Business Divorce Class Action & Complex Litigation Electronic Data & Discovery Environmental & Toxic Tort Litigation ERISA Litigation Food & Agriculture Litigation & Regulatory Healthcare Litigation Life Sciences Litigation Managed Care Litigation Medical Malpractice Policyholder Insurance Coverage Product Liability Professional Liability Litigation Real Estate Litigation Securities & Shareholder Litigation
Tax
Corporate Partnership & Real Estate Tax State & Local Tax Tax Controversy & Litigation Tax-Exempt Organizations
EXPLORE ALL CAPABILITIES
EXPLORE ALL CAPABILITIES

James W. Gewin

Retired Partner
jgewin@bradley.com
Birmingham P: 205.521.8352 F: 205.488.6352
Download V-Card
|
Print My Bio
  • Biography
  • Experience
  • Insights & Events
  • Accolades
News
  • 10 Bradley Attorneys Named to 2021 List of Who's Who Legal: Product Liability Defence
    9/20/2021
    Firm News
  • Bradley Attorneys Named to 2020 Who's Who Legal: Product Liability Defence
    7/22/2020
    Firm News
Area(s) of Focus
  • Media & Entertainment
  • Insurance
  • Professional Liability Litigation
  • Life Sciences
  • Class Action & Complex Litigation
  • Life, Health & Disability Litigation
  • University of Alabama School of Law, LL.B., 1966, Phi Alpha Delta; Editor-in-Chief, Alabama Law Review
  • Princeton University, A.B., 1963
  • Alabama
  • United States Court of Appeals, 5th Circuit
  • United States Court of Appeals, 11th Circuit
  • United States District Court, Middle District of Alabama
  • United States District Court, Northern District of Alabama
  • United States District Court, Southern District of Alabama
  • United States District Court, Northern District of Alabama, Honorable Seybourn H. Lynne, 1966-1967

Alabama Bar Association

American College of Trial Lawyers

American Board of Trial Advocates

Birmingham Bar Association, Executive Committee, Past Member

State of Alabama Bar Association Board of Bar Examiners, 1976-1978

Alabama State Board of Bar Commissioners, 1991-2000

United States Court of Appeals, Eleventh Circuit Disciplinary Committee

Alabama Law Institute

Alabama Forest Owners Association, Board Member

Girls Inc., Former Board of Trustees

Kiwanis Club

State of Alabama Ballet, Board Member

Defense Research Institute

Accolades

The Best Lawyers in America, 2021

Chambers USA 2018 Ranking Badge

Benchmark Litigation, Local Litigation Star, 2021

Who's Who Legal

Rated By Super Lawyers Logo

American Bar Association, Fellow Alabama Law Foundation, Fellow American Bar Foundation, Fellow  Listed in Chambers USA Litigation: General Commercial, 2003-2018 Litigation: General Commercial, "Senior Statesman," 2017 Listed in Mid-South Super Lawyers, Business Litigation, 2016-2020 Listed in Alabama Super Lawyers "Top 10 Attorneys in Alabama" Business Litigation, 2009-2015 Listed in Benchmark Litigation, "Local Litigation Star," Alabama 2008-2021 Listed in The Best Lawyers in America® Bet-the-Company Litigation, 2007-2021 Business Litigation, 1995-2006, 2015 Commercial Litigation, 2006-2021 Litigation – Antitrust, 2001, 2017-2021 Mass Tort Litigation, 2002-2010 Mass Tort Litigation / Class Actions – Defendants, 2011-2021 Personal Injury Litigation, 1983-2010 Personal Injury Litigation – Defendants, 2011-2021 "Lawyer of the Year," Birmingham, Mass Tort Litigation/Class Actions – Defendants, 2013 "Lawyer of the Year," Birmingham, Bet-the-Company Litigation, 2009 Listed in Who's Who Legal  Business Lawyers, 2011-2013 Commercial Litigation Lawyers, 2009-2012 Product Liability Defence Lawyers, 2011, 2014-2020 AAL High Yield Bond Fund v. Deloitte & Touche LLP, 361 F.3d 1305 (11th Cir. 2004) Opinion regarding the permissive scope of a bar order under the PSLRA and the controlling effect of pre-PSLRA precedent, an issue later conclusively determined by the Eleventh Circuit in a different case, In re Healthsouth Sec. Litig., 572 F.3d 854 (11th Cir. 2009). Adams v. Robertson, 676 So.2d 1265 (Ala. 1995) (Appeal from 23(b)) Regarding a class action settlement involving exchanged cancer policies. BT Securities Corp. v. W. R. Huff Asset Mgmt. Co., 891 So. 2d 310 (Ala. 2004) Successfully overturned trial court’s denial of motion to dismiss based upon federal preemption in a securities fraud case. Burke v. Ruttenberg, 317 F.2d 1261 (11th Cir. 2003) Regarding permissible scope of bar order under the Private Securities Litigation Reform Act. Central Bancshares of the South, Inc. v. Puckett, 584 So.2d 829 (Ala. 1991) Regarding scope of covenants not to complete. Ex parte Smith, 942 So. 2d 356 (Ala. 2006) Case affirming the existence of the attorney-client privilege for outside directors who retain their own counsel. Farsian v. Pfizer, Inc., 682 So.2d 405 (Ala. 1996) Case of first impression in Alabama Supreme Court holding no cause of action for fear of future heart valve failure. Flying J Fish Farm v. Peoples Bank of Greensboro, 12 So. 3d 1185 (Ala. 2008) Defended bank and its officers and directors against breach of fiduciary duty, fraud, negligence and other claims associated with the bank’s commercial lending to a catfish farm. Our clients won summary judgment on six out of eight counts at the trial court level. On appeal, the Alabama Supreme Court affirmed the decisions in favor of our clients and reversed the trial court’s ruling on the remaining counts resulting in a complete victory for our clients. Henson v. HealthSouth Corporation, Case No. CV 2003-1604 (Jefferson Co. Cir. Ct. Aug. 12, 2009) In the case of Henson v. HealthSouth, a claim was made by an individual taxpayer in the county to void a tax exemption awarded to HealthSouth Corporation in connection with the construction of a new "digital hospital." On remand from the Alabama Supreme Court and after substantial discovery, the case was tried in July 2009 and the court rendered a judgment in favor of HealthSouth upholding the validity of the tax exemption. The plaintiffs did not appeal. Herricks v. Mutual Life Insurance Company of New York, 294 Ala. 446, 318 So.2d 683 (1975) Regarding claims on insurance policy where decedent misrepresented application. Summary judgment for client upheld. In Re: Orthopedic Bone Screw Litigation  Represented a major manufacturer of orthopedic spinal fusion instruments in state and federal court litigation. Joelsongs et al. v. Shelley Broadcasting Co., 491 F. Supp. 2d 1080 (M.D. Ala. 2007) and Simpleville Music et al. v. Mizell, 451 F. Supp. 2d 1293 (M.D. Ala. 2006) Cases involving the non-applicability of certain defenses to claims for copyright infringement by unauthorized radio broadcast of musical compositions. McClure v. Undersea Industries, Inc., 685 F.2d 1309 (11th Cir. 1982) Antitrust case brought by dealer for wrongful termination. Plaintiff’s verdict in trial court successfully reversed on appeal. Robertson v. Liberty National Life Insurance Company CV-92-021 (Cir. Ct. of Barbour County, Alabama), 676 So. 2d 1265 (Ala. 1995) In the midst of the so-called “tort-hell” in Alabama in the mid-1990s. Successfully foreclosed nearly 2000 individual fraud and punitive damage actions with a global 23(b)(2) no-opt-out settlement of all claims involving an alleged “cancer policy exchange program” whereby holders of cancer policies were allegedly induced to exchange their old policies for newer ones with different benefits. Successfully defended the settlement on appeal, Adams v. Liberty National, 676 So.2d 1265 (Ala. 1995), obtained dismissal of certiorari by the United States Supreme Court, and has since successfully defended the settlement against numerous collateral attacks. Simpleville Music, et al. v. Mizell, 451 F.Supp. 2d 1293 (M.D. Ala. 2006) Regarding copyright infringement by unauthorized radio broadcast. Waddell & Reed v. United Investors Life Ins., 875 So.2d 1143, 1161 (Ala. 2003) Regarding a conversion claim resulting in two multimillion-dollar verdicts against Waddell & Reed Financial, Inc., one of which resulted in a multi-million dollar recovery following appeal. Real Estate Settlement Procedures Act Successfully defended a major national realtor in a class action alleging violations of RESPA.
Search by Last Name
  1. a
  2. b
  3. c
  4. d
  5. e
  6. f
  7. g
  8. h
  9. i
  10. j
  11. k
  12. l
  13. m
  14. n
  15. o
  16. p
  17. q
  18. r
  19. s
  20. t
  21. u
  22. v
  23. w
  24. x
  25. y
  26. z
Insights & Events
  • Awards & Recognitions
  • Authored Articles
  • Events
  • Firm Alerts
  • Insights
  • Media Mentions
  • Press Releases
Your Career
  • Careers
  • Law Students
  • Laterals
  • Professional Staff
Offices
  • Birmingham
  • Charlotte
  • Dallas
  • Houston
  • Huntsville
  • Jackson
  • Montgomery
  • Nashville
  • Tampa
  • Washington, D.C.
Our Story
  • Overview
  • Diversity
  • Women's Initiative
  • Pro Bono
  • Community Impact
  • Accolades
Our Blogs
  • BuildSmart
  • Business Divorce
  • Declassified
  • Financial Services Perspectives
  • It Pays to Be Covered
  • Labor & Employment Insights
  • Online and On Point
  • Patent 213
  • Underwritten

Learn about the latest news, announcements and upcoming events on the topics that are important to you and your business.

  • CLIENT EXTRANET
  • CONTACT
  • Privacy Policy
  • LEGAL DISCLAIMER
  • CCPA Disclosure and Privacy Policy
  • REMOTE ACCESS
  • ALUMNI
  • World Services Group
  • ATTORNEY ADVERTISING
  • ©2022 BRADLEY ARANT BOULT CUMMINGS LLP