James C. Barton, Jr.

Jim is a partner in the Litigation Practice Group and the Chair of the Products Liability Practice Team of Johnston Barton. Jim specializes in products liability cases, with an emphasis on the defense of manufacturers and distributors of pharmaceuticals and medical devices.

Jim has been retained as primary, coordinating, and local defense counsel in hundreds of single-plaintiff and multi-plaintiff cases involving such products. With 29 years of litigation experience in this practice area, his understanding of the unique interests and concerns of industry clients allows him to work creatively with corporate and national counsel to achieve the best possible outcome in every case. 

Jim has defended matters on behalf of manufacturers and distributors in the pharmaceutical industry involving the following products: 

• NSAID
• Cephalosporin Antibiotic
• Tricyclic Glycopeptide Antibiotic
• SSRI
• DES
• Fen-Phen
• Insulin
• Antimetabolite
• Narcotic
• Methylphenidate Hydrocloride
• PPA
• Hormone Replacement Therapy
• Anti-Psychotic
• COX-2 Inhibitor
• OTC Products
• Gadolinium Based Contrast Agents
• Acne Skin Care Products
• Dopamine Agonist
• Promethazine Hydrochloride
• Phosphodiesterase Inhibitors
• Products in Clinical Trials.

He has also defended matters on behalf of manufacturers and distributors in the medical device industry involving the following products: 

• Pedicle Screws
• Latex Gloves
• Heart Balloon Catheters
• Blood Sugar Monitors
• Extremity MRI Machines
• Insulin Pumps
• Bone Cements
• Narcotic Patches
• Electrosurgical Devices
• Trocars
• Vena Cava Filters
• Morcellators
• Numerous Internal and External Orthopedic Prosthetic and Fixation Devices. 

Jim has extensive experience in defending matters on behalf of manufacturers and distributors of equipment used in the construction, trucking, farming, mining and timber industries including the following:

• Dozers
• Front-End Loaders
• Coal/Earth Movers
• Drag Lines
• Cranes
• Skidders
• Skid-Steer Loaders
• Multi-Piece Rims
• Scaffolding
• Diesel Engines.

Jim's product liability experience includes the defense of manufacturers and distributors of products in a number of other industries including:

• Toxic Chemicals
• Tires  
• Foods
• Gas and Electric Appliances
• Roofing Materials
• Motor Vehicles
• Specialized Military Equipment 
• Firearms
• Propane Tanks
• Computer Software.

Jim has trial and mediation experience, and has practiced in numerous State and Federal Courts throughout Alabama and the Southeastern United States. He is admitted to practice in Alabama, and all appropriate Federal Courts.  He is a member of the American Bar Association, the Alabama State Bar and the Birmingham Bar Association. He has served in various capacities in all three bar associations.  Jim has received a rating from Martindale-Hubbell that indicates he has reached the height of professional excellence and has been recognized for the highest levels of skill and integrity.  He is listed in Best Lawyers in America and Super Lawyers.

Jim currently serves as Co-Chair of the Medical Device Subcommittee of the Products Liability Committee of the ABA Section of Litigation, and as a member of the Pharmaceutical Subcommittee and Mass Torts Committee.  He is also a member of the Product Liability Advisory Council, the International Association of Defense Counsel, the Defense Research Institute, the Alabama Defense Lawyers Association and a Fellow of the Litigation Counsel of America.

Jim is also active in the community, currently serving in his twenty-third year as a member of the Altamont School Board of Trustees, where he has served as President, Vice President, Chair of the Headmaster Search Committee, and Chair of the Ten-Million-Dollar Campus Development Committee. 

Jim previously served as a member of the Board of Trustees and Vice President of the Legal Aid Society of Birmingham, as Chairman of the Finance Committee of the Alabama State Bar Association, a member of the faculty of the Alabama Bar Institute for Continuing Legal Education, and a member of the faculty of the Cumberland Institute for Continuing Legal Education. 

Jim received his degree from the University of Alabama School of Law (J.D., 1981), where he served as Managing Editor of the Law and Psychology Review and was a member of the Bench and Bar Legal Honor Society. He earned his undergraduate degree from Amherst College (B.A., cum laude, 1975).

Jim is an avid outdoorsman and currently serves on the Board of Directors of the Cahaba River Society.  He formerly served as a member of the Board of Directors of the Birmingham Canoe Club.  He and his wife, Anne, daughter, Jessie Kate, and son, Jim III, enjoy traveling together, particularly to France, as Anne teaches French and Jessie Kate was a French major in college.

• Co-Chairman, Medical Device Subcommittee of the Products Liability Committee of the American Bar Association, Section of Litigation
• Co-Chairman, Pharmaceutical Subcommittee of the Products Liability Committee of the American Bar Association, Section of Litigation
• Altamont School, Board of Trustees (1988 - present; past-Chair of Headmaster Search Committee; past-Chair of Ten-Million-Dollar Campus Development Committee; past-President; past-Vice President)
• Board of Directors of the Cahaba River Society
• Finance Committee, Alabama State Bar
• Birmingham Bar Association, Board of Trustees and Vice President of the Legal Aid Society of Birmingham
• Board of Directors, Birmingham Canoe Club
• Best Lawyers in America-Litigation/Products Liability
• Super Lawyers in Alabama - Personal Injury Defense:  Products

• Product Liability Advisory Council 
• American Bar Association
• American Bar Association, Section of Litigation and Products Liability Committee
• American Bar Association, Pharmaceutical Subcommittee
• American Bar Association, Medical Device Subcommittee
• American Bar Association, Mass Torts Committee
• International Association of Defense Counsel
• Alabama State Bar Association
• Birmingham Bar Association
• Defense Research Institute
• Alabama Defense Lawyers Association
• Litigation Counsel of America

• Comittee Co-Chair, Current Issues in Pharmaceutical Litigation & Policy, American Bar Association Pharmaceutical Conference, November 12, 2009.
• Comittee Co-Chair, Current Issues in Pharmaceutical Litigation & Policy, American Bar Association Pharmaceutical Conference, November 14, 2008.
• James C. Barton, Jr. and Alan D. Mathis, Alabama section of Federal Jurisdiction Based on Removal:  A 50-State Survey, A Report of the Pharmaceutical Subcommittee of the Products Liability Committee, Section of Litigation, American Bar Association (2008).
• Program Co-Chair & Panel Moderator, Current Issues in Pharmaceutical Litigation & Policy, American Bar Association Pharmaceutical Conference, November 14, 2007; "Valuing Settlement: How Much Is It Worth?"
• James C. Barton, Jr. and Alan D. Mathis, Alabama section of Update on Punitive Damages Claims: A 50-State Survey, Products Liability Committee, American Bar Association, Section of Litigation (2007).
• Program Co-Chair, Current Issues in Pharmaceutical Litigation & Policy, American Bar Association Pharmaceutical Conference, November 16, 2006.
• James C. Barton, Jr. and Alan D. Mathis, Alabama and Mississippi sections of 2005-2006 State Warnings Liability Survey, Products Liability Committee, Section of Litigation, American Bar Association (2006).
• Program Co-Chair, Current Issues in Pharmaceutical Litigation & Policy, American Bar Association Pharmaceutical Conference, November 18, 2005. 
• James C. Barton, Jr., Alabama section of the Restatement Sections Specifically Applicable to Pharmaceutical and Medical Device Cases in State Court: A 50-State Survey, A Report of the Pharmaceuticals, Medical Devices and Biologicals Subcommittee of the Products Liability Committee, Section of Litigation, American Bar Association (2004).
• Panel Moderator, Current Issues in Pharmaceutical Litigation & Policy, American Bar Association Pharmaceutical Conference, November 20, 2003; "The Sulzer Hip and Knee Implant Litigation: A Class Action Settlement that Worked." 
• James C. Barton, Jr., Editor, Fifty State Survey of Challenging Expert Witnesses in Pharmaceutical and Medical Device Cases in State Court: A Report of the Pharmaceuticals and Biologicals Subcommittee of the Products Liability Committee, Section of Litigation, American Bar Association (2002). 
• James C. Barton, Jr. and James P. Pewitt, Alabama section of Fifty State Survey of Medical Monitoring: A Report of the Pharmaceuticals and Biologicals Subcommittee of the Products Liability Committee, Section of Litigation, American Bar Association (2001).
• James C. Barton, Jr., Alabama section of Fifty State Survey of FDCA-Related Tort Causes of Action: A Report of the Pharmaceuticals and Biologicals Subcommittee of the Products Liability Committee, Section of Litigation, American Bar Association (2001).
• James C. Barton, Jr. and Bradley C. Mayhew, Alabama section of State-by-State Survey of the Statutes of Limitation and Repose Applicable to Pharmaceutical and Medical Device Litigation, A Report of the Pharmaceuticals, Medical Devices and Biologicals Subcommittee of the Products Liability Committee, Section of Litigation, American Bar Association (1997).
• Federal Civil Litigation, March 7, 1997; "ADR Mediation: How to Mediate Effectively."
• Practical Legal Problems in Distribution, September 14, 1989; "Product Warranties."
• Commercial Law, January 29, 1988; "Recovery For Economic Loss in Tort, Contract and RICO."

Areas of Practice:

Law School:

Education:

Admitted to Practice:

• Alabama, 1981
• United States Court of Appeals for the Eleventh Circuit
• United States District Courts for the Northern, Middle and Southern Districts of Alabama
• United States Supreme Court

Email: jbartonjr@johnstonbarton.com
Phone: 205-458-9441
Fax: 205-458-9500

Legal Secretary: