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orass Tampa, FL , James Michael Shaw, Jr. Attorney , elawyers.info legal professional

James Michael Shaw, Jr. Attorney - Tampa, FL -


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Registred for sixteen years

Law Office: James Michael Shaw, Jr.

A Partner attorney at Butler, James Michael Shaw, Jr. practices in our Coverage Defense and Extra-Contractual departments, focusing typically on defending claims of insurer bad faith. He also represents coverage intermediaries, which includes agents and agents, in defense of mistakes-and-omission claims. Mr. Shaw additionally has a background in aviation law, having represented airways, aviation restore centers, plane-component producers, airports, and aviation insurers. Since becoming a member of the company in 2007, James has written and spoken on subjects as diverse as insurance-middleman legal responsibility, constitutional law, and the law governing Unmanned Aircraft systems, more colloquially called drones. He is rated by…
A Partner legal professional at Butler, James Michael Shaw, Jr. practices in our Coverage Defense and Extra-Contractual departments, focusing on the whole on protecting claims of insurer awful religion. He also represents insurance intermediaries, consisting of retailers and agents, in protection of errors-and-omission claims. Mr. Shaw additionally has a heritage in aviation law, having represented airways, aviation repair facilities, plane-part manufacturers, airports, and aviation insurers. Since becoming a member of the firm in 2007, James has written and spoken on subjects as numerous as insurance-intermediary legal responsibility, constitutional regulation, and the regulation governing Unmanned Aircraft structures, more colloquially known as drones. He is rated by way of information-Hubble.

James is admitted to exercise in all Florida state courts; the USA District Courts for the Northern, Middle, and Southern Districts of Florida; and the Eleventh Circuit Court of Appeals. He is a member of the Florida Bar, Hillsborough County Bar Association, and the American Civil Liberties Union, for which he has chaired the Legal Panel for the Greater Tampa Chapter in view that 2007. He graduated magna cum laude from Oakland University with a Bachelor’s diploma in music composition and magna cum laude from the University of Miami School of Law, wherein he served as Articles and Comments Editor for the University of Miami Law Review.

Publications

September 26, 2017 PUBLICATION BUTLER ON DRONES (Second Edition): A PRACTICAL GUIDE FOR INSURERS

Drones - also referred to as unmanned aerial cars (UAV) or unmanned plane structures (UAS) - have left no enterprise unaffected, and the insurance industry is possibly affected maximum of all. Unlike manned aircraft, whose dangers are largely constrained to the enterprise’s aviation zone, the affordability, versatility, and ubiquity of drones are bringing exposures to sectors of the insurance industry that were formerly insulated from aviation risks. For these vendors specifically, it's miles vitally important to acquaint themselves with this technology and the complex net of federal, nation, and neighborhood laws that governs them.

September 20, 2017 PUBLICATION Florida Insurance Litigation (2017 Edition)

LexisNexis Practice Guide: Florida Insurance Litigation provides the practitioner with immediate access to know-how and approach on every aspect of coverage exercise in Florida. The guide concisely provides the phrases, situations and exclusions that govern insurance supplied in opposition to the dangers beneath each line of coverage. This approach gives a complete exploration of key ideas, policy language and perception for litigation of commonplace and esoteric disputes beneath the ones regulations. Each bankruptcy additionally offers mission-orientated checklists, examples, strategic points, and go-references to governing statutory and case law.

January 03, 2017 PUBLICATION If you invade someone’s privateness with a drone, your insurance may not cover it

Drones, also known as unmanned aerial automobiles or unmanned aerial structures, can be equipped with cameras, thermal scanners, registration code readers and facial-popularity software.

June 08, 2016 PUBLICATION BUTLER ON DRONES: A PRACTICAL GUIDE FOR INSURERS

As one of the state’s maximum preeminent jurists put it, domestication of horses did no longer give upward push to a “regulation of the pony,” and the upward push of the Internet generation did not supply upward thrust to a “law of our on-line world.”1 Likewise, the proliferation of drones will now not give rise to a new area of law known as “drone law.” What will occur instead is a good deal extra complex.

February 22, 2016 PUBLICATION Flying Witnesses: Admissibility of Drone-Gathered Evidence in Florida

If pronounced surveys are correct, Americans are ambivalent about the potential outcomes of working drones in each the public and private sectors; however, mixed emotions do no longer appear to be slowing the boom of their ownership and use. It appears inevitable that trial courts might be known as directly to exclude or admit proof that was collected remotely. The following article explains the prison framework the Florida courts will use whilst ruling on drone-collected proof.

November 23, 2011 PUBLICATION Proximate Causation In Third-Party Bad Faith: Not Every Bad Decision Is A Bad-Faith Suit

Proximate causation is an detail of a claim for awful faith. An frequently-overlooked element, but an element however. Even claims with grievous claim-dealing with mistakes and excessive extra judgments can nonetheless be very defensible if there is no proximate causation among the 2. This article examines the detail of the bad-religion cause of action this is most customarily glossed over.

February 24, 2011 PUBLICATION The Duty to Initiate Settlement Negotiations: Where Does it Begin and How Far Does it Go

In a few jurisdictions, including Florida, the courts recognize a responsibility in some situations for a liability insurer to provoke agreement negotiations with a third-celebration claimant earlier than the claimant has ever made a demand. This duty is a incredibly current invention inside the commonplace regulation and has but to be absolutely described. While most articles at the subject have a tendency to recognition on whether or not this duty need to exist inside the first vicinity, this newsletter skips that threshold query and delves into the particulars that follow within the jurisdictions that understand it. What triggers the obligation? What is required of the insurer to discharge it? What are the defenses to a claim for bad-religion failure to initiate agreement negotiations? This article tackles those emerging questions and extra in try and define this nascent responsibility.

May 13, 2010 PUBLICATION (Almost) Twenty Years After Powell: Case Studies On A Liability Insurer’s Duty To Initiate Settlement Negotiations

The Florida Third District Court of Appeal’s 1991 decision in Powell v. Prudential Property & Casualty Insurance Co. identified a duty, in some situations, for a legal responsibility insurer to initiate agreement discussions with a third-celebration claimant who has no longer made a call for. The case proved to have a sturdy ripple impact, bringing about a sea alternate in bad-faith jurisprudence for the subsequent two decades. This article examines the growth of Powell from a completely unique information-driven anomaly to an entire branch of terrible-religion jurisprudence and discusses early indications that the courts may be chickening out again to packages greater consistent with the unique case.

February 25, 2010 PUBLICATION Extracontractual Recovery Without Bad Faith

Insurance intermediaries (coverage retailers and insurance agents) are particularly liable to claims by using insureds. While terrible-religion moves continue to be the favored approach of pursuing restoration past a coverage restriction, a few litigants turn to claims against insurance intermediaries (and the insurers they constitute) for extracontractual restoration. In addition to horrific-faith law, insurers need to recognize what styles of claims can be introduced in terms of the procurement of the insurance policy itself and what defenses may be raised. This article delves into this frequently-misunderstood vicinity of the law and illuminates some criminal troubles with which each insurer must be acquainted.

Media

Blog Posts

December 14, 2018 BLOG POST Drone Accident Excluded Under CGL Policy’s Aircraft Exclusion

In the maximum recent version of our e book, Butler on Drones, we pronounced that ISO has issued specific exclusions for unmanned aircraft for inclusion into CGL rules, however it changed into an open query whether a CGL policy’s standard plane exclusion already excluded coverage for liability springing up from using a drone. A California federal district courtroom has now weighed in at the question - the first to achieve this, as a long way as we're conscious. And we love the solution.

May 24, 2017 BLOG POST The D.C. Court of Appeals Just Scrapped the Drone Registry and May Have Also Turned Homeowners Insurers into Aviation Insurers

Model-plane hobbyist John Taylor didn’t need to check in his version plane with the FAA pursuant to the newly created drone registry. So he took on the FAA, difficult new rules aimed toward unmanned plane registration and flight regulations.

April thirteen, 2017 BLOG POST The Answers to Some of Your Questions About What Airlines Can Do When a Flight is Overbooked and Someone Is Going to Have to Get Off of the Plane

Suddenly, the complete international is interested in mastering approximately the laws governing airlines’ actions while a flight is overbooked. It isn’t each day that the entire world suddenly wants to learn all approximately something which you’ve spent years reading, so this post is for our clients who insure aviation dangers, our clients who're common air travelers, and perhaps a few curious strangers who have no enterprise with our law corporation however have nevertheless been led right here by way of their quest for solutions.

Spotlights

May 20, 2016 SPOTLIGHT American Civil Liberties Union

I got here to look that it changed into plenty greater complex than that, that they had been actually shielding the rights themselves from being slowly eroded away, and standing up for humans changed into certainly one of several methods to do this. It was thankless-but-vital paintings, and it inspired me that there have been humans doing it for no motive other than that they thought it ought to be accomplished.

Events

March 08, 2018 EVENT It’s About More Than The Cake

James Shaw from Butler Weihmuller Katz Craig and Chairman of the Legal Panel for the Greater Tampa Chapter of the ACLU was part of a panel in Tampa, FL at the It’s About More Than The Cake , an crucial conversation at the First Amendment and anti-discrimination law.

February 07, 2018 EVENT NAMIC Claims Conference - Aerial Imagery - Advantages and Liabilities: A Discussion Panel

James Shaw from Butler Weihmuller Katz Craig presented in Orlando, FL on the 2018 NAMIC Claims Conference on the subject of Aerial Imagery - Advantages and Liabilities: A Discussion Panel .

October 03, 2016 EVENT Schoolchildren & the Constitution in 2016

American Civil Liberties Union

June 01, 2012 EVENT PAF’s 2012 Spring Seminar

Civil Liberties and New Technology

News

October 17, 2018 NEWS Partner lawyer James Shaw, Jr. Popular on Fox thirteen News

Partner legal professional James Shaw, Jr. supplied feedback for a Fox thirteen news record on the growing privacy concerns approximately accelerated traffic cameras in the Bay Area.

October eleven, 2018 NEWS Partner legal professional James Shaw, Jr. Was LIVE During the MidPoint Radio Show

On October 11th, 2018, Partner legal professional James Shaw, Jr. was LIVE on air during the MidPoint display on radio station 88.5 WMNF. James spoke with radio host Shelley concerning the Florida nation ballot amendment.

March 09, 2018 NEWS James Shaw, Jr. provided the American Civil Liberties Union’s Greater Tampa Chapter First Amendment Award

Partner attorney James Shaw, Jr. become presented the American Civil Liberties Union’s Greater Tampa Chapter First Amendment Award. James has a 20 yr records with the business enterprise that started out in excessive college and continued all through college and his professional profession. He is the Chair panel for this agency and has held this identify for over 10 years. In this panel, James and different volunteer attorneys meet regularly to check proceedings and act on them. Sometimes this calls for a easy smartphone name to fix the grievance, different instances it can be as substantial as submitting a in shape thru cooperating recommend. James’s “tireless willpower to civil rights and civil liberties” become one of many motives that the ACLU honored him with this award on the Florida Annual meeting.

February 17, 2017 NEWS Drone Insurance: Because You Will Crash Your Drone

Ryan Hilton and James Shaw, Jr., Partner legal professionals at Butler Weihmuller Katz Craig, had been featured in NerdWallet.com’s latest article written by Barbara Marquand, “Drone Insurance: Because You Will Crash Your Drone.” Be certain to study the item as Hilton and Shaw give an explanation for why it is essential to check with your insurer approximately coverage in your drone, and why renters or domestic insurance doesn’t cowl drones in positive instances.

Butler Weihmuller Katz Craig

Practise Areas

  • Extra-Contractual
  • Casualty Defense Litigation
  • Aviation
Law Firm Position

Partner legal professional

Admission Info

Admitted in 2005, U.S. District Court, Southern District of Florida
U.S. Court of Appeals, Eleventh Circuit
U.S. District Court, Northern District of Florida
2006, U.S. District Court, Middle District of Florida
2003, Florida

Start at the Faculty of Law
University of Miami, School of Law

Class of 2003
J.D.
cum laude

University Attended

Oakland University
Class of 2000
B.A.
Music Composition, cum laude

Birth Date and City

Born in 1977
Oxford, Michigan, July 4, 1977

Associations & Memberships

Memberships

•American Bar Association (ABA)
•American Civil Liberties Union (ACLU)
•Aviation Insurance Association
•Defense Research Institute (DRI)
•Drones: Regulations, Operations and Litigation Committee of the American Bar Association's Forum on Air and Space Law
•Florida Defense Lawyers Association (FDLA)
•Hillsborough County Bar Association (HCBA)
•Order of the Coif
•Phi Delta Phi
•The Florida Bar

Representative Cases
Experience: Bayfront Cent. Sec. & Sys., Inc. v. N.Y. Cent. Mut. Ins. Co., 17 Fla. L. Weekly Supp. 181a (Fla. 6th Jud. Cir. 2010) - order brushing off multi-matter complaint in opposition to New York car insurer
Bele v. 21st Century Centennial Ins. Co., 25 Fla. L. Weekly Fed. D193a, 2015 WL 3875491 (M.D. Fla. May 15, 2015) - order denying motion to remand where Plaintiffs contended that the amount-in-controversy requirement had no longer been verified
Bele v. twenty first Century Centennial Ins. Co., 126 F. Supp. 3d 1293 (M.D. Fla. 2015) - order brushing off an unripe terrible-faith movement and a declaratory-judgment declare searching for to restoration damages in the terrible-religion claim, each of which were joined to a claim for UM coverage
Bennett v. twenty first Century Sec. Ins. Co., No. 2013-CA-012378-O, 2016 WL 4398685 (Fla. ninth Jud. Cir. Aug. 17, 2016) - precis judgment entered for insurer where underlying motion became disregarded with prejudice pursuant to a joint stipulation for dismissal
Betzoldt v. Auto Club Group Ins. Co., 26 Fla. L. Weekly Supp. 385a, 2018 WL 4491359 (Fla. thirteenth Jud. Cir. 2018) - order coming into precis judgment on a plaintiff's vicarious-legal responsibility claim and rejecting plaintiff's argument that an insurance company is vicariously responsible for the criminal malpractice of a law corporation retained to symbolize its insured
Bollinger v. State Farm Mut. Auto Ins. Co., 23 Fla. L. Weekly Fed. D159, 2012 WL 112937 (S.D. Fla. 2012), aff'd, 538 Fed. App'x. 857 (11th Cir. 2013) - summary judgment entered and affirmed in first-party bad-faith action where the plaintiff had now not filed a Civil Remedy Notice
Borrego v. State Farm Mut. Auto. Ins. Co., 24 Fla. L. Weekly Fed. D350a, 2014 WL 2615192 (S.D. Fla. 2014) - order disregarding a spousal-derivative horrific-faith action where Civil Remedy Notice changed into silent as to the spousal declare
Higgins v. W. Bend Mut. Ins. Co., eighty five So. 3d 1156 (Fla. 5th DCA 2012) - precis judgment entered and affirmed in opposition to Minnesota plaintiffs attempting to invoke Florida regulation to say a terrible-religion claim in opposition to a Wisconsin insurer
Holliday v. Lloyd's, Underwriters at, London, No. 8:17-cv-2063-T-33AEP, 2017 WL 6624160 (M.D. Fla. Dec. 28, 2017) - order disregarding pro se litigant's declare towards Lloyd's, Underwriters at, London on the ground that such is not a criminal entity able to being sued
Holliday v. Syndicate 3000 at Lloyd's, Underwriters at, London, No. 8:17-cv-2063-T-33AEP, 2018 WL 2214648 (M.D. Fla. May 15, 2018) - order dismissing pro se litigant's claim for insufficient carrier of technique
Johnson v. State Farm Mut. Auto Ins. Co., 26 Fla. L. Weekly Fed. D6a, 2016 WL 277768 (M.D. Fla. Jan. 22, 2016) -order denying remand of a removed terrible-religion movement appended to a UM case.
Mathurin v. State Farm Mut. Auto. Ins. Co., 285 F. Supp. 3d 1311 (M.D. Fla. 2018) - order dismissing first-birthday celebration horrific-religion declare on the floor that the Civil Remedy Notice attached to the Complaint indexed a policy number similar to a one of a kind insurance coverage than the one that was the concern of the declare for terrible religion
Smith v. twenty first Century Centennial Ins. Co., 25 Fla. L. Weekly Fed. D52, 2014 WL 5474591 (M.D. Fla. 2014) - brushing off a declaratory-judgment movement in search of to fix damages for an unripe bad-faith action and abating the unripe horrific-faith action
Thorne v. State Farm Mut. Auto. Ins. Co., 25 Fla. L. Weekly Fed. D117a, 2015 WL 809530 (M.D. Fla. 2015) - order denying a motion to remand an unripe terrible-faith action asserted prior to the resolution of the underlying movement for uninsured-motorist blessings
Thorne v. State Farm Mut. Auto. Ins. Co., 25 Fla L. Weekly Fed. D116a, 2015 WL 864936 (M.D. Fla. 2015) - order disregarding an unripe bad-faith movement added earlier than resolution of the underlying motion for UM advantages
West Bend Mutual Insurance Co. v. Higgins, nine So. 3d 655 (Fla. 5th DCA 2009) - certiorari quashing a trial-court docket order that required disclosure of an insurer's submit-judgment communications with its recommend
CASE TYPE: Bad Faith
Civil Remedy Notices
Coverage - Personal Injury
Excess Coverage
Extracontractual Claims
Insurance Fraud
Professional Liability
Uninsured Motorist

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Tampa

four hundred North Ashley Drive, Suite 2300
Tampa, FL  33602
U.S.A.
Tampa

James Michael Shaw, Jr.



phone Phone: 8132811900

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Tampa

400 North Ashley Drive, Suite 2300
Tampa, FL  33602
U.S.A.

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