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jlance@knlh.com
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James R. Lance

Since joining Kirby Noonan Lance & Hoge in 1990, Jim has focused his practice on commercial and serious personal injury litigation, including disputes involving real estate, products liability, securities and other complex business disputes. Jim has obtained several verdicts and settlements in excess of $1,000,000 for his clients and has been recognized in Who's Who in American Law. Jim has been named as one of the Top Attorneys In San Diego County by the San Diego Transcript.  Jim was honored in California Super Lawyers based on a comprehensive selection process among the San Diego legal community every year since 2007.

While in law school, Jim was awarded the Robert R. Kane scholarship, published three articles for the Washington and Lee Law Review and was selected as Executive Editor of the Law Review. He finished fourth in his class and was made a member of the Order of the Coif.

Following graduation, he began his practice with a large law firm in St. Louis, Thompson & Mitchell (now Thompson Coburn). In January 1990, Jim moved to San Diego and joined the firm which was then known as Post Kirby Noonan & Sweat. The firm changed its name to Kirby Noonan Lance & Hoge in 2006.

An active member of the San Diego community, Jim is involved in a variety of professional organizations. He has been a member of the Louis M. Welsh Chapter of the American Inns of Court and the William B. Enright Chapter as well. Jim also is a speaker in continuing education seminars. In addition, he is the editor for the products liability section of the Trial Bar News.

Jim lives in the Kensington area of San Diego. He enjoys spending time with his wife and three boys. Jim and his family like to spend time outdoors and enjoy participating in many sports. In college, Jim played football and rugby but now focuses his energies on skiing and playing/coaching sports with his kids.

Jim has received an AV® Peer Review rating from the Martindale Hubbell International Law Directory.

The AV® Peer Review Rating shows that a lawyer has reached the height of professional excellence. He or she has usually practiced law for many years, and is recognized for the highest levels of skill and integrity. This rating is the result of a peer review system based upon the confidential opinions of practicing attorneys and members of the judiciary.

For more about the AV rating click here.

Jim has been named by California Super Lawyers magazine as one of the top attorneys in California for 2007, 2008, 2009, and 2010.  Only five percent of the lawyers in the state are named by Super Lawyers.

The selections for Super Lawyers are made by Law & Politics, a division of Key Professional Media, Inc. of Minneapolis, MN.  Each year, Law & Politics undertakes a rigorous multi-phase selection process that includes a statewide survey of lawyers, independent evaluation of candidates by the Law & Politics' attorney-led research staff, a peer review of candidates by practice area, and a good-standing and disciplinary check.

Litigation Practice Areas

• Commercial
• Plaintiff's Personal Injury
• Products Liability
• Securities Litigation
• Class Action

Education

• Washington & Lee University, J.D. (magna cum laude), 1986
• Missouri State University, B.S., (summa cum laude), 1983

Professional Memberships and Activities

• San Diego County Bar Association
• State Bar of California
• American Bar Association
• Association of Trial Lawyers of America
• Consumer Attorneys of San Diego
• American Inns of Court, Louis M. Welsh Chapter; William B. Enright Chapter

Publications

• Editor, Product Liability Section, Trial Bar News
• Arbitrator, San Diego County Bar Fee Arbitration Committee

Selected Case Information

• Collins, et al. v. American Honda
  Jim Lance was heavily involved in the prosecution of this nationwide class action regarding transmission defects.  Honda agreed to provide a transmission-replacement program to settle the case, which was valued in excess of $180,000,000.
• Commercial Real Estate Broker v. Commercial Tenant
  Jim Lance and Ethan Boyer represented a commercial real estate broker regarding the failure of its client to pay a commission. The case settled for $1,000,000 prior to trial.
• Minor Plaintiff v. Hospital X
  Jim Lance and Ethan Boyer settled a medical malpractice case against a hospital for the failure to treat bacterial meningitis, which resulted in severe neurological injuries to a 5 year old girl. Although the Urgent Care physicians diagnosed the little girl with "possible meningitis", the pediatrician on duty in the hospital believed that she did not have bacterial meningitis and decided not to initiate antibiotics. The next day the little girl went into respiratory arrest and suffered severe neurological injuries. It was confirmed that she had bacterial meningitis. The case settled for $2.9 million prior to trial.
• Exclusive Distributor v. Foreign Manufacturer
  Jim Lance and Ethan Boyer represented a California corporation that had an exclusive contract to distribute the products of a foreign company in North America and South America. The foreign company also had a significant stake in the stock of the California corporation and placed directors on the Board. Jim represented officers/employees of the California distributor who had the majority interest in the company until the manufacturer attempted to take control of the company. The complaint asserted claims for breach of fiduciary duty, conspiracy and breach of contract. The case settled for $1.25 million.
• Cacanindin v. United States of America, et al.
  Jim Lance, Jon Boynton and Matt Nugent recently obtained an outstanding settlement in a very tragic and difficult case. They represented the family of an eight year old boy who was struck and killed in a crosswalk in Temecula while rollerblading with his father and brother. The driver was a diabetic who went into insulin shock and ran a red light. Unfortunately, he had no assets and limited insurance. The driver was from New York and had been treated by the VA Medical Center in Syracuse for his diabetes and a heart condition. The physicians in Syracuse had prescribed medication which could potentially block the symptoms of low blood sugar and allow a patient to go into insulin shock without notice. Jim traveled to New York and was able to secure very damaging admissions from the VA physicians.
  
  Post Kirby filed a lawsuit against the driver and the United States of America (under the Federal Tort Claims Act) based on the actions of the physicians of the VA. The case involved very difficult factual and legal issues. On the factual side, the United States argued that the driver was solely responsible for the accident because he was negligent in the administration of his insulin and admittedly did not have lunch on the day of the accident. Concerning the legal hurdles, the United States unsuccessfully attempted to transfer the case from the Central District of California to New York. The United States also filed a motion for summary judgment, claiming that New York law applied and that there was no third party liability for physician negligence in New York. Although it was clear that the Government had correctly stated New York law, we were able to convince the Court that California law applied. The problem with California law applying was the argument that MICRA limited any recovery to $250,000. Post Kirby argued that the MICRA caps did not apply because the intent of the statute would not be forwarded by applying MICRA to an out of state physician. With the assistance of Judge Edward Infante, a retired U.S. Magistrate from the Northern District of California, Post Kirby was able to obtain $874,000 for the family from the United States, and the $100,000 policy limits from the driver.
• AccuCom Wireless Services, Inc. v. Cubic Communications, Inc.
  Post Kirby represented AccuCom, a startup company in the emerging field of wireless location determination technology. AccuCom contracted with Cubic Communications to design software and hardware for beta testing so the company could attract investment capital and establish customer relationships with wireless carriers. The equipment did not perform to specifications and ultimately led to AccuCom going out of business. AccuCom filed an arbitration claim against Cubic for breach of contract. Cubic denied liability and filed a counterclaim against AccuCom to collect on an $850,000 promissory note. A three member arbitration panel awarded money damages of $1.4 million plus 10% interest from the date of the claim, cancellation of the note from AccuCom to Cubic in the amount of $850,000 and certain intellectual property rights. Judgment was entered by the San Diego Superior Court on March 30, 2000 for $1,631,670.
• Battaglia v. W.F. Management Co.
  Jim represented Joseph Battaglia, a tuna boat captain who was injured while working aboard the M/V Diana Lynn. Captain Battaglia was hit in the head with a cable. Defendants alleged that Captain Battaglia was the sole cause of his injuries under an admiralty law rule known as the primary duty doctrine. A San Diego Superior Court judge awarded Captain Battaglia $486,031 in damages even though his medical bills were approximately $5,000.
• Chappell v. McDonnell Douglas
  Plaintiff Russell Chappell was a helicopter pilot on a tuna boat owned by Star-Kist. On September 23, 1994, Mr. Chappell was flying the helicopter when it began to shake violently and crashed into the South Pacific. Jim represented Mr. Chappell in a product liability action against McDonnell Douglas, claiming that the main rotor hub assembly was defective, which caused the main rotor blade to depart. The helicopter sank immediately after the crash and was never recovered. Defendant McDonnell Douglas argued that the helicopter was not defective, that no blade loss occurred and that Mr. Chappell was solely responsible for the crash. McDonnell Douglas made no settlement offer before the jury returned its verdict. The case was tried in San Diego Superior Court in January 1998 and the jury awarded Mr. Chappell damages in the amount of $2,741,000.
• Computer Newsletter Company v. Computer Information Company
  Jim represented a San Diego-based computer newsletter company in a lawsuit against a national computer information company in a case alleging trademark infringement. The defendant had used the same title for an internet publication as that used by the plaintiff. Although the title was not registered at the time, plaintiff’s claim was based on common law trademark infringement. Defendant argued that the trademark was merely descriptive and not protectable. In addition, Defendant argued that it had only secured 12 paid subscriptions, there was no evidence of confusion and therefore plaintiff had not been damaged. Jim was able to secure a $1 million settlement before trial in early 2000.
• Distributor X v. Manufacturer Y, et al.
  Jim represented a distributor of window film in a lawsuit against the manufacturer of the film and one of the competing distributors. The lawsuit alleged that the manufacturer had supplied defective film and that the defendants had conspired to terminate the plaintiff’s distribution agreement. The case settled before trial for $5,510,000.
• Estate of John Doe v. ABC Corporation
  Jim and Mike Kirby represented the family of a San Diego man who was killed in a helicopter accident. He was able to secure a settlement of $3,850,000 for the widow and her three sons in 1999.
• Freitas v. Star-Kist
  Jim represented Plaintiff Mark Freitas related to personal injuries he suffered while working as a chief engineer on a tuna boat owned by Star-Kist. On June 21, 1996, Mr. Freitas sustained a lumbar strain when a floorboard broke and gave way on the M/V Tifaimoana. The case was tried before a jury in San Diego Superior Court during August, 1999. Although Mr. Freitas had no objective evidence of injury (MRI, x-rays, and nerve conduction study were all negative), the jury returned a verdict in the amount of $1,075,000.
• Wailes v. Huttig Sash & Door
  Jim represented Defendant Huttig Sash & Door in a product liability action in which the plaintiffs alleged the windows in their ocean front home were defective. The Plaintiffs’ lowest demand to settle the case was $215,000. Huttig made a statutory offer of $30,000. After a six-day trial, a San Diego Superior Court jury awarded the Plaintiffs only $25,556. In light of the fact that the verdict was less than the statutory offer, Defendants settled for a "walk away" before judgment was entered.
• Real Estate Partnership Lawsuit
  Jim represented two of the four partners in a real estate development project in Downtown San Diego. The partnership was formed to develop a mixed use project which would include a nationally known entertainment venue. The Defendants, the other partners in the project, secretly negotiated with a third party to expand the project to include a hotel. The Defendants then transferred real property from the partnership to another entity formed with the third party. One of the primary hurdles in the case related to damages, which were necessarily based on potential lost profits. At the time of the settlement, 5 days before trial, the project had not obtained financing and construction had not begun. Despite this problem with the case, Jim obtained a $1,900,000 settlement for the Plaintiffs.
• Arbitration of an investor dispute
  James R. Lance successfully arbitrated a case on behalf of a limited partner investor in a venture capital fund. The client invested $375,000 in a "side fund", which was designed to mirror the investments of a $100 million "main fund". Both funds had the same general partner. The general partner permitted the limited partner investor in the main fund to reduce its commitment from $100 million to $50 million. The claim asserted that the actions of the general partner in acquiescing to the $50 million reduction caused significant damage to our client's investment and constituted a breach of fiduciary duty. The defendants argued that all of our client's losses were not the result of any breach of fiduciary duty, but were instead caused by a market downturn, part of the understood risk when investing in "speculative" venture capital partnerships.
  
  The defendants made no offer before the arbitration. Shortly before closing arguments, defendants offered approximately $120,000 to settle the case. our client refused the offer. The arbitrator found a breach of fiduciary duty and ordered restitution in the amount of $476,178, which constituted the full amount of our client's investment plus pre-award interest. The defendants ultimately paid an additional $3,470 in post-award interest, for a total recovery to our client of $479,648.