James C. Winton

Experience

Maritime/Admiralty

• Served as lead attorney in a federal court case for a drilling contractor client. The contractor sued an operator to recover unpaid day rates against a declaration of force majeure following The Macondo Prospect. Defeated a $27.1 million counterclaim for breach of contract and recovered on claim.
• Foreclosed on a First Preferred Ship Mortgage on a vessel against defenses of estoppel and waiver.
• Represented a Florida buyer of cargo of methyl ethyl ketone suing a Taiwanese seller for off-spec cargo carried by the vessel.
• Defeated a Rule B Writ of Attachment against funds conditionally posted by a client relating to the international purchase, sale and transportation of iron ore.
• Representing a client on a claim for damage to a vessel caused when a load of wind tower sections broke loose in heavy weather and caused damage to the ship.
• Representing a shipper/seller of cargo of steel against claims of off-spec cargo and misrepresentations in the ocean bill of lading.

Oil Pipeline

• Negotiated an easement for a pipeline across a wetlands preserve against a claim of trespass.
• Acquired easements by negotiation and condemnation on properties across three rural counties in order to allow construction of a pipeline in time to meet contractual obligations and avoid penalties.
• Defended 2,400 personal injury claims and three class actions against a pipeline company whose valve failed in a liquefied petroleum gas pipeline near a three-unit prison complex. The client ultimately settled for basic nuisance value of a few of the claims.

General Commercial

• Represented a major manufacturer of heavy and medium trucks in national class actions alleging breach of franchise agreements.
• Represented a number of clients on insurance coverage issues. Successfully defended findings by a trial court of coverage in two cases at the 5th Circuit Court of Appeals under additional insured clauses.

Memberships

• Maritime Law Association of the United States: Proctor Member
• Federal Bar Association: Southern District of Texas Chapter
  • Board of Directors (2002 to 2008)
  • Chapter President (2005)
• State Bar of Texas
  • Texas Legal Protection Plan: Board of Directors (2006 to 2011)
  • State Bar of Texas Insurance Trust: Board of Trustees (2009 to present)
  • State Bar of Texas, Elected Member of Board of Directors (2002 to 2005)
  • Board Liaison to the Texas Disciplinary Rules of Professional Conduct Committee (2002 to 2003)
  • Texas Disciplinary Rules of Professional Conduct Committee: Appointed Member (2003 to present)

Community

• Lakewood Yacht Club
  • Board of Directors (2008 to present)
  • Secretary (2007)
  • Fleet Captain (2014)
  • Rear Commodore (2015)
  • Vice Commodore (2016)
  • Commodore (2017)
• Judith Liebenthal Robinson Ovarian Cancer Foundation
  • Founding Member and Board Member (2010)