James D. Smeallie is a partner in the Boston office of Holland & Knight, concentrating his practice on business litigation with particular emphasis in litigation involving education, employment, professional liability, intellectual property and unfair competition. Mr. Smeallie has served in firm leadership positions as executive partner of the Boston office, chair of the Education Team, member of the Directors Committee and current member of the firmwide Practice and Operations Committee.
Representative Recent Engagements
- Yilkal Bekele v. Lyft, Inc., U.S. District Court for the District of Massachusetts, C.A. 1:15 cv 11650 FDS: Lead counsel in the defense of a putative class action brought by Lyft drivers alleging misclassification as independent contractors. Successfully argued motion to dismiss and to compel individual arbitration.
- Atlantic Coast Conference v. University of Maryland, College Park, et al, Guilford County North Carolina Superior Court, C.A. No. 12 CVS 10736; Board of Regents of the University System of Maryland, et al v. Atlantic Coast Conference, Circuit Court for Prince George’s County, Maryland, Case No. CAL13-02189: Co-counsel for the Atlantic Coast Conference in lawsuits in North Carolina and Maryland arising from Maryland’s refusal to pay the $52 million withdrawal payment required by the Atlantic Coast Conference’s Constitution upon Maryland’s move to the Big Ten Conference. Successfully argued a motion to dismiss the action in Maryland and obtained a favorable settlement of the North Carolina action through mediation.
- United States of America, ex rel. James Banigan and Richard Templin, et al v. Organon USA, Inc., et al, U.S. District Court for the District of Massachusetts, C.A. No. 07-12153-RWZ: Lead counsel for PharMerica, a national long-term care pharmacy, in defense of federal anti-kickback claims alleged to be in excess of $1 billion arising from the defendants’ alleged unlawful promotion of a drug. Successfully argued a motion to dismiss all claims against PharMerica.
- Daniele International, Inc. v. USI Insurance Services of Rhode Island, Inc., et al., Providence Superior Court, C.A. No. PC-11-47110: Lead counsel in the defense of a $50-million professional errors and omissions claim by a specialty meat manufacturer against a national insurance broker arising from the alleged failure to obtain insurance that would have covered the meat manufacturer for losses sustained as a result of a nationwide product recall. After three years of litigation, the action was successfully resolved through mediation.