Jim R. Ballard
Mr. Ballard specializes in civil litigation, alternate dispute resolution and trial practice, primarily in the areas of business and commercial litigation, employment litigation and securities arbitrations. Mr. Ballard represents individuals, small businesses and institutional clients. He provides each client with personal service regardless of the size of the client or the complexity of the legal services to be rendered. Although primarily a trial attorney, Mr. Ballard is adept at finding creative solutions to pressing problems in an effort to avoid litigation and the attendant costs.
Mr. Ballard was honored with a 2008 Outstanding Trial Attorney Award from the Consumer Attorneys of San Diego and was honored at CASD's annual "An Evening With The Trial Stars" dinner.
Mr. Ballard is recognized in the 2009-2012 editions of Super Lawyers in the Labor & Employment category. Super Lawyers is a rating service of outstanding lawyers who have attained a high-degree of peer recognition and professional achievement. The selection process is multi-phased and includes independent research, peer nominations and peer evaluations.
Mr. Ballard is AV rated by Martindale-Hubbell, which is the highest rating possible.
Recently, Jim Ballard and Sarah Evans defended two companies in putative class actions alleging field service technicians were not properly compensated for their travel time as well as claims for unpaid overtime, missed rest and meal breaks, and improper deductions. Collectively, the putative classes sought millions of dollars in allegedly unpaid compensation but both matters were settled on a class-wide basis for less than 12% of what plaintiffs sought.
Ballard and Evans have also defended a client sued in a Labor Code Private Attorney General Act claim. In that PAGA representative action on behalf of employees of a local tourist business, the plaintiff alleged that the business failed to comply with certain Labor Code provisions involving rest and meal breaks, business expense reimbursements, and other issues. This matter was settled for less than 4% of the penalties plaintiff sought in the case.
Ballard and Evans successfully defended a financial services firm sued in three separate class actions by stock broker plaintiffs who alleged that they were misclassified as exempt from overtime under the federal Fair Labor Standards Act and state wage and hour laws, that they were not reimbursed for business expenses, and that they were not given breaks for meals and rest periods as required by state law. After class counsel demanded a significant amount to settle the class action, Ballard and Evans negotiated small settlements with all but one of their client’s then-current account executives then resolved the remaining class claims at mediation before plaintiffs’ motions for class certification were filed for settlements totaling well less than 13% of the original demand.
On October 20, 2010, Jim Ballard successfully defended a real estate broker and its two agents against claims of negligence, non-disclosure and concealment. The case was tried to a jury in Vista over the course of five weeks. The Plaintiff demanded $1m pre-trial and asked the jury for in excess of $3.5m.
On February 22, 2010, Jim Ballard successfully defended a client against claims of racial discrimination, retaliation and wrongful termination. Jim successfully sought and received summary judgment which disposed of the case prior to getting to a jury.
On August 19, 2008, Jim Ballard successfully defended Neopost, Inc. against claims of racial discrimination and wrongful termination. The case was tried to a jury in Oakland over the course of three weeks. The jury found in Neopost's favor on most causes of action and hung on others. After Plaintiff's pre-trial demand of $1.4m and a claim to the jury in excess of $2m, the case ultimately settled for $100,001.
On November 5, 2007, Jim Ballard received a judgment in excess of $6.3 million on behalf of 75 clients involved in failed land deal in Colorado. Factoring in settlements reached prior to the trial, Mr. Ballard recovered over $8 million for the defrauded clients. The lawsuit, a combination of contract and security claims, was the culmination of over two years of work investigating and prosecuting the claims.
On October 31, 2006, Jim Ballard obtained a $5.96 million jury verdict (later reduced after post-trial motions) in a malicious prosecution action on behalf of his client Dr. Sara Sukumar. The case was tried to a jury for over four weeks and resulted in one of the biggest verdicts for malicious prosecution in the history of San Diego County and one of the largest verdicts for the 2006 year. Jim also handled the appeal of the matter which resulted in the judgment being affirmed. Ultimately, after costs and interests were added to the judgment, Jim collected over $3 million for his client.
On April 18, 2007, Jim Ballard successfully defended Neopost, Inc. against two claims of disability discrimination and one claim of failure to accommodate a disability by a former employee. The matter was tried to a jury for over three weeks in Alameda County Superior Court. The jury took less than two hours to return defense verdicts on all claims. This is Mr. Ballard's second successful defense of Neopost, Inc. against claims of discrimination
On January 30, 2006, Jim Ballard successfully prosecuted a claim for misappropriation of trade secrets on behalf of Neopost, Inc. against a former Neopost employee. In the same trial, Mr. Ballard also successfully defended Neopost against the former employee's cross-claims for discrimination, harassment and retaliation. The case was tried before Judge Bert Glennon, Jr., in Van Nuys Superior Court over the course of three weeks.
University of California at Los Angeles (B.A., 1992)
University of San Diego School of Law (J.D., 1995)
San Diego County, California and American Bar Associations
Consumer Attorneys of San Diego
William B. Enright Chapter of the American Inns of Court
Mr. Ballard is also a lecturer for Continuing Education of the Bar in the areas of discovery, trial preparation and trial techniques.
Member, University of San Diego School of Law Alumni Association Board of Directors
Speaker – New Labor and Employment Law for 2011 (January 2011, American Subcontractors Association)
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