Hon. James Lambden

California Court of Appeal, (Ret.)

First District, Division Two

​​Mediator • Arbitrator • Discovery Referee • Appellate Consultant

Justice James Lambden brings to his ADR practice nearly four decades of experience as a trial lawyer, trial court judge and Associate Justice of the California Court of Appeal.

Appellate

Representative Cases

• Consultation in multi-state appeals of judgment liens (and related bankruptcy cases) involving conflict of laws and full-faith-and-credit constitutional issues.

• Focus group consultation involving several other justices regarding settlement during appeal of verdict of nearly $100 million.
  
  

• Multiple consultations regarding the drafting of briefs and conception of oral argument strategies.
  

• Consulted regarding appeal of order granting preliminary injunction mandating reclassification of employment relationships pursuant to Labor Code Section 2750.3 (AB 5)
  

• Administrative Hearing Officer appointed to hear multiple appeals of tax assessments by City against large industrial facility involving special election top enact tax ordinance and constitutional Commerce Clause issues.

• Administrative Hearing Officer in administrative appeals of disputed municipal tax exceeding $100 million.
  
  

• Consultation at every stage of appeal of judgment in excess of $1 billion, including the decision to file appeal, drafting of briefs and mock arguments in cases and settings.
  
  

• Consultation and ultimate mediation and settlement of issues of duty and foreseeability in appeal of wrongful death regarding verdict that included large punitive damages and issues of first impression.
  
  

• Consulted on briefs in appeal and petition for review of major public policy case involving institutional liability for failure to prevent criminal assault in public setting.
  
  

• Consultation in multi-jurisdiction appeals regarding disputed ownership of $700 million cosmetic company.
  
  

• Consultation regarding briefs and mock argument in appeal of $120 million verdict, including punitive damages, resulting from interlocking commercial real estate transactions.
  
  

• Consultation on appeal of jurisdiction in divorce proceedings involving multi-state marital estate valued at $650 million.
  
  

• Consulted on briefs and writ petition after decision in multi-billion dollar case against international drug manufacturer.
  
  

• Conducted mock argument in appeal of summary adjudication decision in cross-state securities fraud case involving nationally listed stock.
  
  

• Mock argument in appeal of portion of multi-district disputes involving several technology patents and awards by an International Chamber of Commerce Arbitration Panel.
  
  

• Consultation including mediations in numerous personal injury and commercial appeals.
  
  

• An appeal of $7 million whistleblower/wrongful termination verdict against municipal agency.
  
  

• Mediation of appeal of $1.4 million verdict based on gender discrimination, sexual harassment and constructive termination.
  
  

• Mediation of appeal of summary judgment in catastrophic injury case involving statutory immunity defense and $7 million in damages.
  
  

• First impression appeal of verdict involving interaction of Insurance Code sections 2750.5, 3351 and 11590.
  
  

• Evaluation of briefs and mock arguments in appeal of $12 million verdict in medical malpractice case involving high-risk pregnancy resulting death of one twin and permanent brain damage of the other. Issues of first impression included jury’s calculation of reasonable value of lifetime care and application of future benefits.
  
  

• Consultation in brief preparation, mock argument and board of director evaluation of appeal of $1.15 billion remediation award in qui tam toxic substance abatement case.
  
  

• First impression issue of recreational immunity statute was mediated both before and after oral argument in appeal of summary judgment granted in catastrophic personal injury case.
  
  

• Mediation of appeal of verdict against national delivery service for failure to stop manager from texting photos of his penis to coworkers.
  
  

• Mediation on appeal of verdict involving “unsettled” issue of whether unlicensed contractor and workers may be deemed employees for purposes of tort liability and OSHA.
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• Mediation of $6 million verdict in favor of injured firefighter who was not accommodated and made whistleblower charges after returning to work following emergency situation arguably mismanaged by supervisors.