As a former appellate justice, I’ve read countless briefs and heard thousands of oral arguments. As a result, I can give my client an accurate, “from-the-other-side-of-the-bench” perspective on how an appeals court will evaluate a case – the case’s strengths and weaknesses, what is clear from the briefs and what isn’t, and what questions the justices will likely ask on oral argument.
Jim’s practice focuses on guiding clients through complex state and federal appeals in Texas and across the country, providing insights and advice on trial and appellate strategies in civil matters, and serving as an arbitrator with the American Arbitration Association.
Jim joined Gray Reed in 2014 after serving 18 years as a justice on the Texas Fifth District Court of Appeals in Dallas, where his jurisdiction included Collin, Dallas, Grayson, Hunt, Kaufman and Rockwall counties. Jim 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).
As a result, 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 strategies and arguments, overseeing the research, and fine-tuning later drafts of court filings. He helps attorneys (in and outside of the firm) prepare for oral argument by identifying likely questions from the bench and refining possible answers.
Serving as an AAA arbitrator since 2016, Jim has adjudicated 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 court, Jim practiced law for 14 years as an associate and partner/shareholder in two law firms in Dallas and Odessa (Texas). He also served four years during the Reagan Administration as Regional Director of the Federal Trade Commission, where he was responsible for enforcing federal antitrust and consumer protection laws in a five-state area.
Jim is a former chair of the State Bar’s Antitrust & Business Litigation Section 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 obtained appellate court writs in three (two mandamus, one habeas) proceedings to protect a former employee’s rights against post-judgment contempt and sanctions motions filed by the former employer.
- As co-counsel in a matter involving wind energy development, Jim helped obtain a $60+ million arbitration award against a California company (as a contract signatory) and its parent and sister companies (as alter ego entities). Jim oversaw the team’s legal research and briefing and delivered the claimants’ final closing argument.
- As co-counsel in the federal Northern District court, Jim helped obtain a judgment confirming the above arbitration award as to the California company. (The alter ego entities thereafter settled.)
- 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, Jim 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 the 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 the 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 judgment in the Texas court of appeals reversing the trial court and dismissing breach-of-contract claims against non-Texas entities and individuals for 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.
Honors
- Distinguished Counselor Award, State Bar of Texas Antitrust & Business Litigation Section (2017)
- Selected by his peers for inclusion in The Best Lawyers in America in the fields of Appellate Practice and Commercial Litigation (2017 – 2023, 2026)
- Named a "Super Lawyer" by Texas Super Lawyers (a Thomson Reuters business) as published in Texas Monthly (2020 – 2025)
- 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)
- American Arbitration Association
- Panel Member (2021 - 2026)
- Texas Supreme Court Advisory Committee (2012 – 2015)
- Board Member, State Bar College (formerly College of the State Bar of Texas) (2012 – 2018)
- Dallas Bar Association
- Board Member (2002 – 2003)
- Co-Chair, Bench-Bar Conference (2006)
- Dallas Bar Foundation, Life Fellow
- The Federalist Society for Law & Public Policy Studies
- Chair, Antitrust Subcommittee, Corporate, Securities & Antitrust Practice Group (1999 – 2002)
- Dallas Lawyer’s Chapter
- Chair (1987 – 1988)
- Co-Founder (1987)
Community Activities, Memberships & Affiliations
- Board of Advisors, University of North Texas Mayborn School of Journalism (2014 – 2019)
- 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)
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)
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