Toxic Tort, Product Liability, Commercial Litigation, Estate and Probate Planning and Litigation

James J. Ostertag


925.300.3520, ext. 310
Fax: 925.300.3386
jostertag@lclaw.com
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Partner

Primary Areas of Legal Practice

Trial Lawyer, Product Liability and Toxic Tort, Commercial Litigation, Legal Services Management

Click here to view James J. Ostertag’s trial verdicts

Experience

Mr. Ostertag has nearly 30 years of trial, litigation and appellate experience in state and federal courts involving a broad range of issues. He has extensive experience representing product manufacturers, contractors, and premises owners in toxic tort and products liability litigation, and has successfully defended clients in jury trials in jurisdictions around the country.  Mr. Ostertag has also represented clients in multiple commercial disputes, including business torts, breach of contract, unfair business practices claims, and technology-related disputes.

Mr. Ostertag’s experience includes serving as national, regional, and trial counsel for clients in asbestos litigation.  He has been in trial defending clients in asbestos personal injury matters in California, Washington, Hawaii, Michigan, Ohio, New York, Delaware, Maryland and Florida.  He has worked in developing defense strategies for dealing with national, multi-state litigation including developing national discovery strategies, managing outside counsel and coordinating reporting, and in developing and testing trial themes.  Mr. Ostertag has also worked extensively with expert witnesses in complex, scientific fields relevant to toxic tort litigation.

Prior to joining Lankford Crawford Moreno & Ostertag, Mr. Ostertag was a partner at the international law firms NixonPeabody LLP and Thelen LLP.   Mr. Ostertag has been recognized as a “Super Lawyer” since 2008.

Representative Matters

  • Litigation and trial counsel for automobile and truck manufacturer in asbestos products liability jury trials in courts in a number of states around the country
  • Represented HVAC manufacturer in product defect litigation
  • Represented golf cart manufacturer in product defect litigation
  • Represented major truck manufacturers in diesel exposure litigation
  • Represented automobile manufacturer in dealer termination ligation
  • Represented truck manufacturer in warranty litigation
  • Litigation and trial counsel for construction and engineering firm in jury trials arising out of alleged asbestos exposure
  • Prosecuted claims for software distributor against developer for breach of contract arising out of developer’s refusal to deliver software and obtained post-trial, alter-ego judgment against shareholders of software licensing corporation
  • Defended bank against $60 million fraud, bad faith, and lender liability claims brought by borrower, resulting in dismissal of claims after extensive discovery and motion practice
  • Defended insurance company against unfair business practice claims related to automotive repair facilities practices

Education

  • University of California, Hastings College of the Law (J.D., 1991) cum laude
  • University of Hawaii (B.B.A., 1985) Finance Beta Gamma Sigma, International Honor Society

Bar Admissions

  • California
  • United States District Court, Northern District of California
  • United States District Court, Central District of California

Professional Affiliations

  • Associate of Defense Counsel of Northern California
  • Defense Research Institute
  • Contra Costa County Bar Association

Asbestos Trials to Verdict

Adams v. Ford Motor Company, Los Angeles County, Ca.  Defense verdict for Ford Motor Company in mesothelioma case following two week trial.

Bralish v. Chrysler Corporation, Broward County, Fl.  Defense verdict for Chrysler Corporation in mesothelioma case following three week trial.

Creech v. Chrysler Corporation, King County, Wa.  Defense verdict for Chrysler Corporation in mesothelioma case following three week trial.

Frost v. Sequoia Ventures, Inc., San Francisco County, Ca.  Plaintiff’s net verdict of $37,500 in mesothelioma action overturned on appeal.

Furman v. Sequoia Ventures, Inc., San Francisco County, Ca.  Defense verdict for Bechtel Corporation in mesothelioma case following four week trial.

Geist v. Sequoia Ventures, Inc., San Francisco County, Ca.  Nonsuit granted and verdict affirmed on appeal in Geist v. Sequoia Ventures Inc. (2000) 83 Cal.App.4th 300.

Harrell v. Navistar, Inc., Los Angeles County, Ca.   Mesothelioma case with a net verdict to plaintiffs less than $100,000, and significantly below amount demanded by plaintiffs.

Lantz v. Chrysler Corporation, San Francisco County, Ca.  Defense verdict for Chrysler Corporation in mesothelioma case following three week trial.

Ney v. Sequoia Ventures, Inc., San Francisco County, Ca.  Defense verdict for Bechtel Corporation in mesothelioma case following four week trial.

Price v. Chrysler Corporation, Alameda County, Ca.  Defense verdict for Chrysler Corporation in mesothelioma case following three month trial.

Ross v. Sequoia Ventures, Inc., San Francisco County, Ca.  Defense verdict for Bechtel Corporation in lung cancer case following four week trial.

Asbestos Trials Resolved Prior To Verdict

Claudia Fils Aime, et al. v. Ford Motor Company, Miami County, Fl.  Mesothelioma case resolved for client during plaintiffs’ case- in-chief.

Freddie Beauchamp, Jr. v. Navistar, Inc., Los Angeles, Ca.  Mesothelioma case resolved for client during jury selection.

Phillip R. Chapin v. Ford Motor Company, Wayne County, Mi.  Mesothelioma case resolved for clients during plaintiffs’ case-in-chief.

Walice Essavi v. Mack Trucks, Inc., Los Angeles, Ca.  Mesothelioma case resolved for client after two weeks of trial.

Nasseem Farag, et al. v. Navistar, Inc., Los Angeles County, Ca.  Mesothelioma case resolved for client during plaintiffs’ case-in-chief.

Robert Gordon, et al. v. Chrysler Corporation, San Francisco County, Ca.  Mesothelioma case resolved for client during plaintiffs’ case-in-chief.

Joseph Lechner v. Ford Motor Company, Suffolk County, NY.  Mesothelioma case resolved for client following jury selection.

Kerrie Lippincott v. Ford Motor Company, Ventura County, Ca.  Mesothelioma case resolved for client after close of evidence and before closing arguments.

Willie Martin, et al. v. Mack Trucks, Inc., Los Angeles County, Ca.  Lung cancer case resolved for client during plaintiffs’ case-in-chief.

Chester Morrison, et al. v. Mack Trucks, Inc., Los Angeles County, Ca.  Mesothelioma case resolved for client during jury selection.

Ralph Mosqueira, et al. v. Navistar, Inc., Los Angeles County, Ca.  Mesothelioma case resolved for client following opening statements.

Patrick Nakata v. Ford Motor Company, First Circuit Court, Hi.  Pericardial Mesothelioma case resolved for client prior to opening statements.

Melvin Palacek v. Sequoia Ventures, Inc., San Francisco County, Ca.   Asbestosis case resolved for client following opening statements.

Felicitas Salas, et al. v. Navistar, Inc., Los Angeles, Ca.  Lung cancer case resolved for client during jury selection.

Linda Seiler v. Sequoia Ventures, Inc., Alameda County, Ca.  Mesothelioma case resolved for client during jury selection.

Haskell Stillman, et al. v. Navistar, Inc., Alameda County, Ca.  Mesothelioma case resolved for client following jury selection.

Joe Trejo v. Navistar, Inc., Los Angeles, Ca.  Mesothelioma case resolved for client after jury selection.

Estate of George Uyeda, et al. v. Ford Motor Company, First Circuit Court, Hi.  Mesothelioma case resolved for client during plaintiffs’ case-in-chief.

Gordon Veterlaus v. Chrysler Corporation, Los Angeles County, Ca.  Asbestosis case resolved for client following jury selection.

Lowell Wayne Reese v. Chrysler Corporation, Cuyahoga, Oh.   Mesothelioma case resolved for client during plaintiffs’ case in chief.