JAMES
R. HUBBARD joined Liddle & Robinson in January of 2004 as
a partner after three decades of practice as a litigation partner
at leading firms in Miami and West Palm Beach, Florida. He is
nationally recognized for his representation of plaintiffs in
employment and securities cases, having obtained numerous multi-million
dollar jury verdicts and settlements for his clients in over thirty
years of trial practice in federal and state courts throughout
the United States.
His experience extends to a wide range of employment
and securities law issues, including gender and age discrimination
in employment, wrongful termination, breach of contract, unfair
and deceptive trade practices, breach of fiduciary duty, and fraud.
He has frequently represented, as lead counsel, large groups of
employees, stockholders, insurance company general agents and
managers, and insurance agents and brokers, in consolidated suits
or class actions, in connection with the termination of employment
or contracts as the result of merger-relation reductions in force,
the loss of employment benefits in merger-related transactions,
and cases of IPO or merger fraud. In addition to his trial and
appellate experience in state and federal court, Mr. Hubbard has
appeared in arbitration matters before the NASD, the New York
Stock Exchange, and the American Arbitration Association, involving
employment law, contract, and securities law issues.
In April of 2005, Mr. Hubbard served as lead trial
counsel for Liddle & Robinson in Zubulake v. UBS,
which resulted in a jury verdict in the United States District
Court for the Sothern District of New York of $29.2 million
dollars in compensatory and punitive damages arising from
sex discrimination and retaliatory discharge of a UBS institutional
equities saleswoman. It is believed to be the largest jury
verdict in United States history for a single plaintiff in
an employment law case. (Clink the link below for more detailed
information about the Zubulake case).
In February of 2006, Mr. Hubbard served as lead trial
counsel for Liddle & Robinson in Spartis v. Goldberg,
which resulted in a jury verdict in Arizona Superior
Court in Phoenix, Arizona of $1,000,000 in compensatory
and punitive damages arising from an attorney’s publication
of defamatory information regarding a former Smith Barney broker
in Atlanta, Georgia. (Clink the link below for more information
about the Spartis case).
In September of 2002, Mr. Hubbard, as lead class counsel,
obtained a decision from the Massachusetts state court
in Worcester awarding double damages and attorneys’ fees to a class of
former Paul Revere Insurance Company brokers whose commissions
had been cut, just prior to the company’s sale, on policies
the brokers had already sold, and thus retroactively on in-force
policies. The class of brokers was the first nationwide class
ever certified by a Massachusetts state court. Following a lengthy
trial, the Court there found that the defendant had violated the
Massachusetts unfair and deceptive practices act by cutting the
brokers’ commissions retroactively in the face of repeated
promises to maintain the rate at first year commission
levels, and has entered a multi-million dollar damages
judgment on behalf of the class. The case is reported as Eldridge v. Provident
Companies, Inc., 2002 WL 31097684 (Mass. Super.).
In 2001, Mr. Hubbard was lead counsel in an IPO fraud case in
Jackson, Mississippi, brought by his client against a subsidiary
of AT&T Wireless, Inc., that went public in late 2000. The
plaintiff was an executive of the company, was terminated, and
sued to obtain shares of stock in the privately-held cellular
company he was promised, but did not receive. Just before the
company went public, it settled the stock claim with the plaintiff
for $400,000, denying any plans to go public, and concealing extensive
discussions with investment bankers, including valuations of the
IPO, from the plaintiff. Less than two months after the settlement,
the subsidiary went public, at which time the stock interest the
plaintiff settled for $400,000 was worth some $40,000,000 in the
public market. Mr. Hubbard filed suit for the plaintiff in state
court, alleging settlement fraud in the concealment of the IPO
during the settlement negotiations, and successfully negotiated
a multi-million dollar settlement payment from the subsidiary
to the plaintiff on the eve of trial.
In 1996, Mr. Liddle and Mr. Hubbard filed federal court
suits in different jurisdictions on behalf of a number of other
Provident General Managers whose commission similarly were withheld
upon termination, and obtained a multi-million dollar settlement
of that litigation for their clients. In addition to the Provident
litigation, Mr. Hubbard has successfully represented scores of
insurance company general agents and manager for many other companies,
including Union Mutual, MassMutual, The New England, Hartford,
John Hancock, Jefferson Pilot, Vermont Life, and Chubb Life, in
contract and employment law disputes.
In 1994, Mr. Hubbard obtained a $6.4 million dollar jury verdict in United
States District Court in Miami on behalf of Michael J. Eskra, a former Provident
Life & Accident Insurance Company General Manager, in a suit over vested
commissions withheld from him when his employment was terminated. The verdict
was affirmed on appeal by the United States Court of Appeals for the Eleventh
Circuit, and with interest ultimately totaled over $8 million dollars. It remains
the largest single collected jury verdict by a general agent or manager against
a domestic insurance company. The case is reported as Eskra v. Provident
Life & Accident Inc. Co., 125 F.3d 1406 (11th Cir. 1997).
Mr. Hubbard also enjoys a national reputation in the
field of products liability litigation, particularly in automobile
design or crashworthiness cases. He had tried or settled numerous
cases involving severe personal injury or death resulting from
automotive design defects, against both foreign and domestic manufacturers,
resulting in tens of millions of dollars of recovery for his client.
He has served for many years as a Vice Chair of the Products Liability
and Consumer Law Committee of the Trial, Torts, and Insurance
Practice Section of the American Bar Association, and as a Vice
Chair of the Products Liability Committee of the ABA Litigation
Section.
Mr. Hubbard graduated cum laude from the University of
North Carolina at Chapel Hill in 1967, and received his J.D. degree
from Georgetown University Law Center in 1971, where he served
as an Editor of the Georgetown Law Journal. He was law clerk to
Judge David W. Dyer of the United States Court of Appeals for
the Fifth Circuit, and is a former Assistant United States Attorney
for the Eastern District of Virginia. He has served as a member
of the faculty of the University of Miami School of Law Employment
Law Trial Skills Program, and is a frequent lecturer before legal
education and organized bar presentations. Before joining Liddle & Robinson,
L.L.P., Mr. Hubbard was a founding partner of the West Palm Beach
firm of Ricci, Hubbard, Leopold, Frankel & Farmer, P.A. He
is a member of the bars of New York, Florida, North Carolina,
and the District of Columbia, of the Trial Bar of the United States
for the Southern District of Florida, and of the Supreme Court
of the United States. He is Board Certified in Civil Trial Law
by the Florida Bar Board of Legal Specialization and Education,
and is profiled by Martindale-Hubbell’s Bar Register of
Preeminent Lawyers. A sample of his reported cases can be accessed
by the link below to the Martindale-Hubbell Bar Directory.
Mr. Hubbard and his wife Susan are residents of Chapel
Hill, North Carolina, and have three children, ages 27, 22, and
21.