Obtained a temporary restraining order and preliminary injunction on an expedited timeline authorizing a natural gas pipeline company to access property subject to acquisition by eminent domain to conduct tree clearing activities in advance of moratoriums imposed on such activities in order to protect migratory birds and endangered bat species; contempt orders against property owners refusing to honor the order permitting access for tree clearing activities; and immediate injunctive relief against landowners refusing to permit access to their property via eminent domain for construction of a 75-mile natural gas pipeline in eastern Ohio. Also, negotiated settlements with landowners who permitted access and complex, technical settlements with public utilities to resolve overlapping easement situations.
James J. Hughes, III
Jim Hughes is the Administrative Partner of Bricker & Eckler, responsible for the administrative oversight of the firm’s practice groups and day-to-day operations. Jim also assists the firm’s Managing Partner with strategic planning and policy level measures.
As a partner in the firm’s Litigation group, Jim represents clients in all phases of complex commercial litigation matters, with a focus on health care, energy and environmental litigation. With over 30 years of experience, Jim is a knowledgeable and proficient litigation attorney who is considered one of the firm’s “go to” litigators serving a diverse client base. Clients view him as a strategic thinker and trusted advisor who is successful and adept in achieving early resolution of disputes and lawsuits by providing precise and careful counseling to clients.
Jim’s practice also touches Medicare and Medicaid compliance and litigation through his representation of health care providers, nursing homes, county boards serving persons with developmental disabilities, and ADAMH boards that serve persons with mental health challenges. Additionally, he advises health care systems on regulatory compliance, false claims, fraud and abuse, and anti-kickback matters. He has defended health care systems in matters brought by physician groups alleging tortious interference with business opportunities and anti-trust activities.
- Member, Columbus Bar Association Ohio State Bar Association; American Bar Association
- Member, American Health Lawyers Association
- Past Member, Board of Trustees, Arthritis Foundation, Central Ohio Chapter
- Past Member, Board of Trustees, International Field Studies
- Past Member, Board of Trustees, Columbus Academy
- Admitted, Ohio Supreme Court; United States Court of Appeals for the Fourth and Sixth Circuits; United States District Court, Southern District of Ohio; Northern District of Ohio; Eastern District of Kentucky
- Listed, Ohio Super Lawyers, 2007-2016
- Listed, Best Lawyers in America (Commercial Litigation; Environmental Law; Litigation - Environmental) 2011-2016
- Ranked, AV Preeminent, Martindale-Hubbell
- Capital University School of Law (J.D. with honors, 1986); Order of the Curia; Capital University Law Review; recipient, Dean's Scholarship based on academic merit
- Union College (B.A. with honors in history, 1980)
- The Ohio State University, Fisher College of Business (Executive Education Leadership Program, 2008)
Bricker & Eckler attorneys selected for inclusion in the 2016 Ohio Super Lawyers list
Best Lawyers recognizes Bricker & Eckler attorneys
Bricker & Eckler attorneys named Ohio Super Lawyers, Ohio Rising Stars
Best Lawyers recognizes Bricker & Eckler attorneys
Obtained injunctive relief and/or declaratory judgment as Trial Counsel in 11 Ohio Courts of Common Pleas against landowners and organized opposition permitting our client access to property to conduct survey activities during the FERC pre-application process in conjunction with its construction of a $2.5 billion, 250-mile interstate natural gas pipeline originating in Ohio. The complexity of the issues in this matter required sophisticated organization, detailed planning and structure, and complex litigation management skills.
Obtained injunctive relief in federal court permitting our client to access landowners' property to conduct survey activities during the FERC pre-application process in conjunction with its construction of a $450 million 75-mile natural gas pipeline.
Successfully defended nursing home in a lawsuit filed by a pharmaceutical supplier based on the defense that the price charged was excessive and not related to maximum allowable cost (MAC) or average wholesale price (AWP) for brand name and generic drugs.
Successfully defended hospital against a $4.5 million claim brought by a nursing home seeking to recover lost future profits arising out of failed transfer of Long Term Care Hospital (LTCH) beds from the nursing home to the hospital due to a moratorium imposed by the Center of Medicare & Medicaid Services.
Defended hospital in lawsuit brought by physician group seeking to recover $8 million in lost future profits due to alleged interference with physician group's business relationship with referring physicians and patients.
Defended hospital in lawsuit brought by physician group seeking to enjoin hospital from terminating physician group’s exclusive service agreement with hospital.
Successfully defended hospital in lawsuit brought by debtor patients for alleged unlawful collection of debts discharged in bankruptcy.
Obtained a defense verdict for a hospital in a lawsuit alleging invasion of privacy and violation of the Health Insurance Portability and Accountability Act (HIPAA) for alleged unlawful disclosure of personal health information.
Trial Counsel for local county boards serving persons with developmental disabilities in defense of an action brought by private providers seeking to eliminate service contracts between county boards and private providers as mandated by state and federal Medicaid law.
Served as trial counsel to county boards and individual taxpayers to enjoin Ohio Department of Job and Family Services administrative rules that set Medicaid reimbursement rates in excess of the provider's usual and customary rate.
Obtained a favorable decision in a $40 million lawsuit filed on behalf of three large metropolitan school districts against the Ohio Department of Education claiming that ODE misapplied the statutory school foundation funding formula to the detriment of the school districts.
Recovered $6 million in an action against the Ohio Department of Education in a matter involving the calculation of state foundation funding for public school systems.
Recovered $7.2 million on behalf of the Dayton Public School District in a matter involving the calculation of state foundation funding for public school systems.
Successfully defended a large metropolitan school district in a lawsuit filed by a real estate developer claiming $10 million in lost future profits for fraud and breach of contract in conjunction with the development of property owned by the district.
Obtained a favorable decision for a beer manufacturer following a jury trial in a matter involving post-termination business valuation of a beer distributing franchise under the Ohio Alcoholic Beverage Franchise Act.
Successfully defended a major telecommunications company in action seeking to enjoin the construction of cellular communications tower.
Recovered $1.5 million at trial in an action in the Ohio Court of Claims against the Ohio Department of Job and Family Services in a matter involving a $52 million contract awarded to client to develop software application to manage Ohio’s Child Welfare System.
Bench verdict for client against a contract manufacturer for misappropriation of trade secrets relating to proprietary formula used to manufacture professional grade hair color products.
Plaintiff's verdict in favor of a municipal water company in a trespass action brought against a surface mining company to enjoin mining activities that caused the sudden interruption and depletion of the municipality’s water supply.
Obtained temporary restraining order to enjoin activities conducted by client’s commercial tenant that presented threat to human health and the environment due to application and handling of hazardous substances.
Successfully defended large retail client against commercial landlord’s attempt to enjoin construction activities on leasehold site.
Successfully defended against attempt to enjoin the actions of a client engaged in the business of providing reinsurance coverage for automobile extended warranty products.
Represented oil and gas clients in various Ohio appellate courts, including the Ohio Supreme Court and various intermediate appellate courts regarding notice of assignment provisions.