Baltimore, Maryland 21202
For more than three decades Jim Gray has maintained a diverse and successful trial and appellate practice focusing on complex litigation involving commercial disputes, insurance coverage, intellectual property, and product liability. He tries cases in Federal and State courts in Maryland and throughout the country. Mr. Gray also counsels clients on litigation avoidance and management of complex litigation.
Mr. Gray has tried over 100 cases to verdict. His election to the American College of Trial Lawyers by his peers recognizes him as one of the leading trial lawyers in Maryland. Mr. Gray’s clients’ litigation is handled quickly and efficiently by an experienced, respected and highly capable trial attorney dedicated to bringing their matter to a successful conclusion.
Mr. Gray has handled a substantial number of complex breach of contract, breach of warranty or misrepresentation matters involving the chemical, construction, real estate development, insurance, banking, and service industries. He has successfully represented shareholders in derivative lawsuits regarding the control of corporate assets, including the majority shareholders of two major racetracks and the minority shareholders of a family owned bakery.
Mr. Gray has represented both insurers and policyholders in complex coverage and commercial litigation. He successfully acted as lead trial counsel for nineteen insurers against claims for reimbursement for occupational hearing loss claims asserted by thousands of railroad employees, obtained a jury verdict in their favor and successfully argued the appeal before the Court of Appeals of Maryland. He also defeated two class certification motions and ultimately obtained summary judgment on two class actions brought by retirees challenging a health insurer’s alteration of their health and retirement benefits.
Mr. Gray has handled patent infringement litigation involving the drug and medical device and sporting goods industries, and copyright and trademark infringement litigation involving research, manufacturing, and service industries. He has successfully defended claims for breach of contract, negligent misrepresentation and fraud in connection with the sale of domestic and foreign patent rights and in the granting of patent and trademark rights to the manufacturer of building products. In the latter case he successfully prosecuted a counterclaim for compensatory and punitive damages.
In the product liability area, Mr. Gray has represented major corporations in litigation involving the chemical, pharmaceutical, manufacturing, aviation, and consumer product industries and participated in establishing Maryland’s sophisticated user/bulk supplier defense. As regional counsel for Lorillard Tobacco Company, he participated in the defeat of class actions in Maryland and the District of Columbia and successfully argued the appeal of a Plaintiff’s mesothelioma verdict. Mr. Gray recently represented two paint manufacturers in a putative class action seeking the abatement of lead paint from owner-occupied housing in the State of Maryland.
Mr. Gray has extensive experience in litigation management. As special counsel for USF&G, he conducted a comprehensive settlement evaluation process, formulation of settlement strategy, and face-to-face negotiations in cases that were targeted for settlement. The program was highly successful in obtaining favorable settlements, resulted in a trial success rate of over 90%, and garnered local and national publicity.
Mr. Gray devotes substantial time to a variety of professional organizations with a view to improving the trial skills of young attorneys who desire to become skilled and effective trial counsel.
|Areas of Practice||1) Commercial Litigation, 2) Intellectual Property Litigation, 3) Litigation, 4) Intellectual Property, 5) Trademark Litigation, 6) Patent Litigation, 7) Insurance and 8) Insurance Coverage and Disputes|
|Law School||University of Maryland School of Law (J.D., 1970)|
|Education||University of Maryland (A.B., 1967)|
|Bar Member / Association||Maryland State Bar Association|
|Most recent firm||Venable LLP|
Benjamin P. Smith is a partner in Morgan Lewis's Litigation Practice. He is a trial lawyer with a particular focus on high-stakes disputes in the biotechnology, medical device, and internet industries.