Headshot of James M. Cooley

Areas of Practice

  • Civil Litigation

  • Professional Liability Defense

  • Board and Licensing Complaints

  • Contract Formation and Negotiation

  • Business Entity Formation and Ownership Transfer

Mr. Cooley is a 1995 cum laude graduate of Marquette University and a 1998 graduate of Vermont Law School.  He is licensed to practice law in all Vermont state and federal courts, the Second Circuit Court of Appeals, and all Wisconsin state courts.  Prior to his association with the firm, Mr. Cooley worked as a criminal prosecutor and tried over 40 jury cases, many of which were serious felonies.

Mr. Cooley represents clients in complex litigation matters including tort, contract, and licensing claims against professionals and construction, real estate and personal injury disputes.  He has successfully litigated cases in both State and Federal Courts.  He also advises clients in matters of risk avoidance, contract formation, regulatory compliance, entity formation, entity ownership transfer and professional licensing.  Mr. Cooley regularly provides risk management presentations to professional associations.  His clients include attorneys, judges, architects, engineers, real estate agents, doctors, dentists, nurses, nursing homes, chiropractors, accountants, surveyors, contractors, homeowners, business entities, and common carriers. 

Experience Highlights

  • Successfully defended an attorney client in a breach of fiduciary duty jury trial in the Vermont Federal District Court in 2021.

  • Obtained summary judgment in favor of an engineering firm on an electrical utility’s claim seeking indemnity for claims by injured electrical utility worker in the amount of $24,000,000.  Successfully defended the trial court’s summary judgment decision before the Vermont Supreme Court.  Hemond v. Frontier Commc'ns of Am., Inc., 2015 VT 67, 199 Vt. 272, 123 A.3d 1176 (2015).

  • Obtained summary judgment on behalf of civil engineering firm based on the economic loss rule in a lawsuit by a condominium association alleging design negligence.  Treetop Condo Ass’n v. Treetop Dev. Corp. et al., Docket No. 147-3-09 (Hon. J. Wesley Feb. 4, 2011).

  • Obtained dismissal of a lawsuit by a general contractor against an interior design firm in Vermont Federal District Court based upon the economic loss rule, arguing that the professionals exception to the rule did not apply.  Hunt Const. Group, Inc. v. Brennan Beer Gorman et. al., case No. 1:08-cv-00065-jgm (Hon. J. Murtha Nov. 3, 2008).  Briefed and argued the matter before the Second Circuit Court of Appeals, which certified the matter to the Vermont Supreme Court.  Hunt Const. Grp., Inc. v. Brennan Beer Gorman/Architects, P.C., 607 F.3d 10 (2d Cir. 2010).

  • Presented risk avoidance seminar at annual Vermont Realtors® conference in 2022.

  • Regular presenter at annual risk prevention seminar to Vermont engineers.