Jim A.  Moseley
Partner

As a former appellate judge who has read countless briefs and heard thousands of oral arguments, I can give my client an accurate, “from-the-other-side-of-the-bench” perspective on how the case will be evaluated on appeal – its strengths and weaknesses, what is clear from the briefs and what isn’t, and what questions the justices will likely asked on oral argument. Whether my clients are seeking to reverse an unfair decision made by the trial court or protect a decision in their favor, this rare perspective helps me deliver every possible advantage throughout the process.

After a distinguished 18-year career serving on the Texas Fifth District Court of Appeals, former Justice Jim Moseley joined the firm to head the appellate practice group. In addition to guiding clients through complex state and federal appeals in Texas and across the country, Jim focuses on fulfilling his personal commitment to build a high-quality group of seasoned lawyers who will provide the same exceptional service long after he leaves the practice of law.

As one of the 13 justices on the Fifth District Court of Appeals, Jim’s jurisdiction covered the Dallas area, including Collin, Dallas, Grayson, Hunt, Kaufman and Rockwall counties. He authored more than 1,500 opinions in all areas of civil and criminal law and sat as a non-authoring justice in more than 3,000 additional cases. In 2003, Jim was commissioned to sit for a recused Texas Supreme Court justice and authored the Court’s plurality opinion (St. Joseph’s Hospital v. Wolff, 94 S.W.3d 514 (2003)).

Having served as a former appellate justice for over eighteen years, Jim has read more briefs and heard more oral arguments than almost any practicing appellate lawyer. He brings the insights from that experience to every case, formulating strategy and arguments, overseeing the research, and fine-tuning later drafts of the briefs. In many cases Jim stays in the background, guiding practice group members (or outside attorneys) and matching their expertise with the work to be done. This approach helps control costs while still maximizing the likelihood of success on appeal.

In more challenging cases involving unique or complex issues, however, Jim can take a more hands-on approach and is deeply involved in every phase of the appeal. In either situation, the result is high-quality, high-value legal representation that maximizes the likelihood of a successful outcome. 

Jim and his team also provide litigation support to the firm’s trial lawyers, including guidance on preserving appealable errors, research on complex issues, drafting dispositive motions, preparing jury questions and crafting discovery requests focused on limiting the disputed issues at trial.

A licensed AAA arbitrator, Jim is in high demand to adjudicate a broad range of complex commercial disputes involving substantial dollar amounts. Jim’s strength is working through complex disputes, i.e. complex fact issues, contractual terms, causation theories, damage models, or procedural (arbitrability) issues.   

Before serving on the Dallas Court of Appeals, Jim practiced law in Dallas and Odessa (Texas) for 14 years. He also served four years as Regional Director of the Federal Trade Commission during the Reagan Administration. There he was responsible for the FTC’s enforcement of federal antitrust and consumer laws in a five-state area. Jim is a former chair of the Antitrust & Business Litigation Section of the State Bar of Texas and an elected member of the American Law Institute.

Representative Experience
  • As co-counsel, Jim obtained Fifth Circuit judgment affirming the district court's judgment in favor of international franchiser against its former franchisee in the British Isles (and the franchisee's principal). The judgment awarded the franchisor $3.15 million and dismissed franchisee's counterclaim seeking over $9 million in damages. Jani-King Franchising, Inc. v. Jani-King (GB), Ltd. and Ian Thomas, No. 17-11254 in U.S. Court of Appeals for the Fifth Circuit.
  • Jim led a team that obtained appellate court writs in three original proceedings (two mandamus, one habeas) to protect the former employee’s rights in post-judgment trial-court motions filed by a former employer.
  • As co-counsel in an arbitration matter involving wind energy development, Jim helped obtain $60 million-plus arbitration award against a California Company (as a contract signatory) and its parent and sister companies (as alter ego entities). Jim’s responsibility was to oversee the legal research and briefing, as well as deliver the final closing argument for the claimants. 
  • As co-counsel, Jim obtained a federal court judgment confirming the above arbitration award as to the California company. (The motion to confirm as to the alter ego entities is abated at this time.) 
  • As co-counsel before the Fifth Circuit Court of Appeals, Jim helped successfully defend a sanction order entered against an attorney who lied to the trial court in a Fair Debt Collection Practices Act case. In the same case, as counsel of record in the United States Supreme Court Jim filed a brief that convinced the United States Supreme Court to deny the sanctioned attorney’s petition for certiorari.  
  • Jim led a team of attorneys in representing a debt buyer in a series of appeals that ultimately impacted Idaho state law regarding use of business records in consumer collection cases.
  • As co-counsel before the Fifth Circuit Court of Appeals, Jim obtained a judgment affirming the trial court’s remand of claims (to Texas state court) asserted in connection with the design and construction of a solar power plant in Idaho.  
  • As co-counsel, Jim obtained a state court of appeals’ judgment reversing the trial court’s dismissal of breach of contract claims against three European nationals based on lack of personal jurisdiction.
  • As co-counsel, Jim obtained a Texas court of appeals’ judgment reversing the trial court and dismissing breach-of-contract claims against non-Texas entities and individuals for lack of personal jurisdiction.  
Thought Leadership / News
September 19, 2018 
 In the News
Fifth Circuit Affirms $3M Win for Gray Reed in Franchise Dispute
Texas Lawbook (subscription required)
May 24, 2018 
 Speeches and Presentations
The Balancing Act:  Trade Associations & Antitrust Laws
Leading Builders of America
Summer 2017 
 In the News
Interview with the Honorable Jim Moseley
The Appellate Advocate - State Bar of Texas Appellate Section Report
Honors
  • Distinguished Counselor Award, State Bar of Texas Antitrust & Business Litigation Section (2017)
  • Selected by his peers for inclusion in Woodward/White, Inc.'s The Best Lawyers in America in the fields of Appellate Practice and Commercial Litigation (2017 – 2019)
  • Award in Recognition for Service, Dedication, and Efforts to Preserve the Seventh Amendment, the American Board of Trial Advocates (Dallas Chapter) (2015)
  • FTC Award for Superior Service (1985)
  • FTC Chairman's Award for Excellence (1984)
Organizational Involvement

Professional Activities, Memberships & Affiliations

  • State Bar of Texas
    • Chair, Antitrust & Business Litigation Section (2006 - 2007)
  • American Law Institute (2005 – present)
  • Texas Supreme Court Advisory Committee (2012 – 2015)
  • Board Member, State Bar College (formerly College of the State Bar of Texas) (2012 – 2018)
  • Board Member, Dallas Bar Association (2002 – 2003)
  • Co-Chair, Dallas Bar Association Bench-Bar Conference (2006)
  • Chair, Antitrust Subcommittee, Corporate, Securities & Antitrust Practice Group, The Federalist Society for Law & Public Policy Studies (1999 – 2002)
  • Dallas Lawyer’s Chapter of The Federalist Society for Law & Public Policy Studies
    • Chair (1987 - 1988)
    • Co-Founder (1987)

Community Activities, Memberships & Affiliations

  • Board of Advisors, University of North Texas Mayborn School of Journalism (2014 – present)
  • The Voice of Hope (a ministry to West Dallas)
    • Vice-Chair, Board of Directors (1999 – 2001)
    • Board of Directors (1997 – 2001)
  • Director, Coppell Family YMCA (1999 – 2001)
  • Outside Advisory Council, Pine Cove Camps Inc. (1998 – 2003)
  • Professional Advisory Council, University of North Texas Journalism Department (1986 – 1993)
Education
  • J.D., Baylor University School of Law, Notes & Comments Editor, Baylor Law Review; Phi Delta Phi legal fraternity. (1978)
  • B.A., Baylor University (1976)
Bar Admission
  • Texas
Court Admissions
  • United States Supreme Court
  • United States Court of Appeals, D.C. Circuit
  • United States Court of Appeals, Fifth Circuit
  • United States Court of Appeals, Eighth Circuit
  • United States Court of Appeals, Ninth Circuit
  • United States Court of Appeals, Tenth Circuit
  • United States District Court, Northern District of Texas
  • United States District Court, Western District of Texas
  • United States District Court, Eastern District of Texas
When I Feel Most At Home
  • Travel (blog in process at https://moseleytravels.com/)
    • Route 66 (in a convertible)
    • Israel
    • Rhine River Cruise
  • Reading – most everything, with a focus on biographies, history and politics
  • Long-time Texas Rangers season ticket holder
  • Writing (Great American Novel to come)