James M. Duncan is an associate in the Salt Lake City and Phoenix offices of Lewis Brisbois and a member of the Transportation, Complex Business & Commercial Litigation, and General Liability Practices. Mr. Duncan also has experience with the Employment & Labor Practice, litigating employment matters including wrongful termination.
Mr. Duncan represents commercial clients in a broad range of business disputes, including breach of contract, allegations of bad faith, and real estate disputes. His transportation practice focuses on freight loss and damage claims, and matters related to tariff and transportation charge collections. He also has extensive experience litigating general liability cases, primarily in claims related to premises liability, professional liability, and products liability. Mr. Duncan has experience in all stages of litigation in both state and federal courts, from pleadings and motion practice to arbitration, mediation, and/or trial.
Primary Area(s) of Practice
- Complex Business & Commercial Litigation
- Marine & Energy
United States District Court for the District of Arizona
United States District Court for the District of Montana
- State Bar of Arizona
- J. Reuben Clark Law Society
- Defense Research Institute
The University of Iowa College of Law
Juris Doctor, with distinction
Brigham Young University
Bachelor of Music, cum laude
- Cook v. N.Y. Moving & Storage, Inc., 2020 U.S. Dist. LEXIS 179954 (D. Utah Sep. 28, 2020)
- Anson Calder, LLC v. Bay Shore Moving & Storage, Inc., 2019 U.S. Dist. LEXIS 127845 (D. Utah July 30, 2019)
- "Carmack Preemption of Damage to Real Property—Watch Your Step!," The Transportation Lawyer, April 2019, Vol. 20, No. 5.
- Co-authored, “The Preemptive Power of the FAAAA – A Future in Decline?” – The Transportation Lawyer, April 2018