James E. Mitchell

Partner

As a consumer advocate and the firm’s lead trial lawyer, James focuses his practice on insurance coverage litigation by pursuing claims for insureds against their insurance companies.   James has successfully tried numerous jury trials to verdict, resulting in the recovery of millions of dollars for his clients. 

James was born and raised in Miami Beach, Florida. He graduated from Ransom Everglades High School in Coconut Grove, Florida.  As a high school First Team All-American, James was recruited by and played water polo for Pepperdine University while obtaining his Bachelor of Arts degree in Psychology.  At Pepperdine, James had the honor of competing internationally with the United States Water Polo Program.

After college, James continued his formal education by attending St. Thomas University School of Law.  While attending St. Thomas, James participated in the St. Thomas Law Review, receiving the Staff Editor of Distinction Award in 2005.  In addition, James served as a member of the St. Thomas Moot Court Team that competed in the Eighth Annual Wechsler Criminal Law Competition.  James received book awards in Florida Civil Procedure, Legal Research and Writing, and Trial Advocacy Practice.  Prior to graduating from St. Thomas, James completed an internship with Chief Judge Gersten of the Florida Third District Court of Appeal.  James graduated from St. Thomas University School of Law ranked third in his class with Magna Cum Laude honors.

After graduation, James began practicing in the areas of insurance coverage litigation and commercial litigation, achieving the following results:

After a two-week jury trial, James successfully obtained verdicts that resulted in a recovery of $437,346.98 in favor of his yacht owner client, whose insured yacht was partially submerged in an accident, taken to a shipyard for repairs, and then further and extensively damaged by the repairer. Although the repairs were never completed, the insurance company paid the shipyard for the repairs without the knowledge or consent of the insured yacht owner and then later denied coverage for the damage caused by the repairer.  In addition to prevailing on the shipyard’s counterclaim for storage charges, James obtained jury verdicts against the shipyard for breach of repair contract and conversion for causing damages to the yacht, and against the insurance company for breach of the insurance policy for failing to properly compensate its insured yacht owner.

James obtained summary judgment in favor of a Canadian insurer in a million-dollar priority of coverage dispute involving an accident with an uninsured motorist in Florida.  James successfully argued the rental car company’s insurer, and not the Canadian insurer, was responsible for the first million dollars of uninsured motorist coverage despite the rental car agreement containing a waiver of uninsured motorist.

James secured a $369,988.32 jury verdict in favor of his commercial property owner client in Brevard County whose building was partially destroyed by fire when a large construction company negligently laid hot asphalt up against a wood framed portion of the structure starting the blaze.  At trial, Defense counsel told the jury that this would be the first time in Florida that a contactor was held legally responsible for causing a fire while laying asphalt.   

In one of only three Florida opinions to directly address electronic discovery at the time, James obtained a successful appellate ruling quashing the trial court’s order permitting electronic discovery of a computer hard drive and cell phone, affirming an individual’s constitutional right of privacy.

After a week of trial in Palm Beach County, it took a jury less than an hour to return a $107,000 verdict for James and his law partner and brother, George, in favor of their clients on a Hurricane Irma windstorm claim where the insurance carrier completely denied their clients’ claim for roof and ensuing interior water damages.

James has been selected to Super Lawyers and, before that, to Rising Stars, and is a member of the Florida Bar, Broward County Bar Association, and Broward County Justice Association.  James is admitted to practice in the State Courts of Florida, as well as the United States District Courts for the Southern and Middle Districts of Florida and the United States Circuit Court of Appeals for the Eleventh Circuit.  James currently resides with his wife, Amanda, in Hollywood, Florida. His interests include surfing, snowboarding, spear fishing, and water polo.

St. Thomas University
Juris Doctor

Pepperdine University
B.A. Psychology

State Courts of Florida

United States District Courts for the Southern and Middle Districts of Florida

United States Circuit Court of Appeals for the Eleventh Circuit

Cingari v. First Protective Ins. Co., 377 So. 3d 1169, 1170 (Fla. 4th DCA 2024).

Shapiro v. First Protective Ins. Co., 359 So. 3d 777, 778 (Fla. 4th DCA 2023).

Vazquez v. Citizens Prop. Ins. Corp., 304 So. 3d 1280, 1283 (Fla. 3d DCA 2020).

Crossing v. Fixel, 80 So. 3d 1036 (Fla. 4th DCA 2012).

Holland v. Barfield, 35 So. 3d 953 (Fla. 5th DCA 2010).

Bluewater Trading LLC v. Fountaine Pajot, S.A., 335 Fed. Appx. 905 (11th Cir. 2009).