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James Michael Shaw , Jr.

Partner | Tampa

A Partner at Butler, James Michael Shaw, Jr. practices in our Coverage Defense and Extra-Contractual departments, focusing primarily on defending claims of insurer bad faith.  He also represents insurance intermediaries, including agents and brokers, in defense of error-and-omission claims.  Mr. Shaw also has a background in aviation law, having represented airlines, aviation repair facilities, aircraft-part manufacturers, airports, and aviation insurers.  Since joining the firm in 2007, James has written and spoken on topics as diverse as insurance-intermediary liability, constitutional law, and the law governing Unmanned Aircraft systems, more colloquially known as  drones.  He is rated AV Preeminent by Martindale-Hubble. 

James is admitted to practice in all Florida state courts; the United States District Courts for the Northern, Middle, and Southern Districts of Florida; and the Eleventh Circuit Court of Appeals. He is a member of the Florida Bar, Hillsborough County Bar Association, and the American Civil Liberties Union, for which he has chaired the Legal Panel for the Greater Tampa Chapter since 2007. He graduated magna cum laude from Oakland University with a Bachelor’s degree in music composition and magna cum laude from the University of Miami School of Law, where he served as Articles and Comments Editor for the University of Miami Law Review.

Admissions

  • Florida

Education

  • Oakland University
    Bachelor in Music Composition
  • University of Miami School of Law
    Doctor of Jurisprudence

Memberships

  • American Bar Association (ABA)
  • American Civil Liberties Union (ACLU)
  • Aviation Insurance Association
  • Defense Research Institute (DRI)
  • Drones: Regulations, Operations and Litigation Committee of the American Bar Association’s Forum on Air and Space Law
  • Florida Defense Lawyers Association (FDLA)
  • Hillsborough County Bar Association (HCBA)
  • Order of the Coif
  • Phi Delta Phi
  • The Florida Bar

Experiences

Bayfront Cent. Sec. & Sys., Inc. v. N.Y. Cent. Mut. Ins. Co., 17 Fla. L. Weekly Supp. 181a (Fla. 6th Jud. Cir. 2010) – order dismissing multi-count complaint against New York automobile insurer for lack of personal jurisdiction

Bayshore TBI, Inc. v. MemberSelect Ins. Co., No. 8:19-cv-01281-MSS-AAS, 2019 WL 6696245 (M.D. Fla. Dec. 4, 2019) – order staying a Michigan No Fault action under the Colorado River abstention doctrine in deference to an earlier-filed case pending in Michigan

Bele v. 21st Century Centennial Ins. Co., 25 Fla. L. Weekly Fed. D193a, 2015 WL 3875491 (M.D. Fla. May 15, 2015) – order denying motion to remand where Plaintiffs contended that the amount-in-controversy requirement had not been proven

Bele v. 21st Century Centennial Ins. Co., 126 F. Supp. 3d 1293 (M.D. Fla. 2015) – order dismissing an unripe bad-faith action and a declaratory-judgment claim seeking to fix damages in the bad-faith claim, both of which were joined to a claim for UM coverage

Bennett v. 21st Century Sec. Ins. Co., No. 2013-CA-012378-O, 2016 WL 4398685 (Fla. 9th Jud. Cir. Aug. 17, 2016) – summary judgment entered for insurer where underlying action was dismissed with prejudice pursuant to a joint stipulation for dismissal

Betzoldt v. Auto Club Group Ins. Co., 26 Fla. L. Weekly Supp. 385a, 2018 WL 4491359 (Fla. 13th Jud. Cir. 2018) – order entering summary judgment on a plaintiff’s vicarious-liability claim and rejecting plaintiff’s argument that an insurance company is vicariously liable for the legal malpractice of a law firm retained to represent its insured

Bollinger v. State Farm Mut. Auto Ins. Co., 23 Fla. L. Weekly Fed. D159, 2012 WL 112937 (S.D. Fla. 2012), aff’d, 538 Fed. App’x. 857 (11th Cir. 2013) – summary judgment entered and affirmed in first-party bad-faith action where the plaintiff had not filed a Civil Remedy Notice

Borrego v. State Farm Mut. Auto. Ins. Co., 24 Fla. L. Weekly Fed. D350a, 2014 WL 2615192 (S.D. Fla. 2014) – order dismissing a spousal-derivative bad-faith action where Civil Remedy Notice was silent as  to the spousal claim

Higgins v. W. Bend Mut. Ins. Co., 85 So. 3d 1156 (Fla. 5th DCA 2012) – summary judgment entered and affirmed against Minnesota plaintiffs attempting to invoke Florida law to assert a bad-faith claim against a Wisconsin insurer

Holliday v. Lloyd’s, Underwriters at, London, No. 8:17-cv-2063-T-33AEP, 2017 WL 6624160 (M.D. Fla. Dec. 28, 2017) – order dismissing pro se litigant’s claim against “Lloyd’s, Underwriters at, London” on the ground that such is not a legal entity capable of being sued

Holliday v. Markel Syndicate 3000 at Underwriters at Lloyds, London, No.  __ Fed. App’x __, 2020 WL 488832 (11th Cir. Jan. 30, 2020).

Holliday v. Syndicate 3000 at Lloyd’s, Underwriters at, London, No. 8:17-cv-2063-T-33AEP, 2018 WL 2214648 (M.D. Fla. May 15, 2018) – order dismissing pro se litigant’s claim for inadequate service of process

Holliday v. Syndicate 3000 at Lloyd’s, Underwriters at, London, 27 Fla. Weekly Fed. D169a, No. 8:18-cv-1327-T-33CPT (M.D. Fla. Nov. 7, 2018) – order dismissing claim for malicious prosecution as barred by the statute of limitations

Johnson v. State Farm Mut. Auto Ins. Co., 26 Fla. L. Weekly Fed. D6a, 2016 WL 277768 (M.D. Fla. Jan. 22, 2016) –order denying remand of a removed bad-faith action appended to a UM case.  Read more.

Mathurin v. State Farm Mut. Auto. Ins. Co., 285 F. Supp. 3d 1311 (M.D. Fla. 2018)  – order dismissing first-party bad-faith claim on the ground that the Civil Remedy Notice attached to the Complaint listed a policy number corresponding to a different insurance policy than the one that was the subject of the claim for bad faith

Signature Flight Support v. Lan Chile Airlines – Award for the defendant in an international arbitration regarding the cause of a December 1, 1998, aircraft-wing fire that began under a fuel truck’s cab and quickly spread to the wing of a Boeing 747

Smith v. 21st Century Centennial Ins. Co., 25 Fla. L. Weekly Fed. D52, 2014 WL 5474591 (M.D. Fla. 2014) – dismissing a declaratory judgment action seeking to fix damages for an unripe bad-faith action and abating the unripe bad-faith action

Swanson v. State Farm Mut. Auto. Ins. Co., No. 6:19-cv-422-Orl-31-DCI, 2019 WL 1763244 (M.D. Fla. Apr. 22, 2019) – order dismissing a complaint that sought to assert a claim for the “willful tort of bad faith,” agreeing with State Farm’s argument that Florida law does not recognize such a cause of action

Thorne v. State Farm Mut. Auto. Ins. Co., 25 Fla. L. Weekly Fed. D117a, 2015 WL 809530 (M.D. Fla. 2015) – order denying a motion to remand an unripe bad-faith action asserted prior to the resolution of the underlying action for uninsured-motorist benefits

Thorne v. State Farm Mut. Auto. Ins. Co., 25 Fla L. Weekly Fed. D116a, 2015 WL 864936 (M.D. Fla. 2015) – order dismissing an unripe bad-faith action brought before resolution of the underlying action for UM benefits

West Bend Mutual Insurance Co. v. Higgins, 9 So. 3d 655 (Fla. 5th DCA 2009) – certiorari quashing a trial-court order that required disclosure of an insurer’s post-judgment communications with its counsel

Media

Butler’s Thursday Tips #7 | Civil Remedy Notices

Join us for this week's Thursday Tip as Partner James Shaw, Jr. discusses Civil Remedy Notices. https://youtu.be/f7JeRG6YCk4...

James Shaw, Jr. Elected to ACLU Chair

Partner James Shaw, Jr. has been elected as Chair for the ACLU of Florida State's Legal Panel. Please join us in congratulating him on this honorable position.  The American Civil Liberties Union (ACLU) is an organization that fights against government abuse of civil liberties for all people....

New Appleman Florida Insurance Law (2020 Edition)

JOHN V. GARAFFA, SARAH R. BURKE, RYAN K. HILTON, JULIUS F. "RICK" PARKER III, JASON M. SEITZ, J. BLAKE HUNTER, CAROL M. ROONEY, JAMES MICHAEL SHAW, JR. The 2020 Edition of the New Appleman Florida Insurance Law is now available. This book was edited by Partner John Garaffa and co-authored by Partners Sarah Burke, Ryan Hilton, Julius "Rick" Parker III, Carol Rooney, Jason Seitz, James Michael Sh...

The Drone Will See You Now: Law Enforcement From Above And Litigation From Below

Partner James Shaw, Jr. and co-hosts Dr. S.V. Dedmon, Dr. Ryan Wallace, and Anthony Galante of Embry-Riddle Aeronautical University presented "The Drone Will See You Now: Law Enforcement from Above and Litigation from Below". This presentation was shown at the 2020 Embry-Riddle Aviation Law and Insurance Symposium on January 24, 2020 in Orlando, FL. Dr. Dedmon lead this panel as experienced sUAS ...

Drones: Just When You Thought It Was Safe To Cancel Your Pirate Insurance

This article is originally a publication of DRI's Insurance Law Committee newsletter on November 27, 2019. Legal opinions may vary when based on subtle factual differences. All rights reserved. Drones are becoming more and more ubiquitous. Drones are being used for recreational purposes, business/commercial purposes, and law-enforcement purposes. The United States is experiencing a proliferati...

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Congratulations to James Shaw, Jr.!

Join us in congratulating James Shaw, Jr. for being elected to the Board of Directors of the American Civil Liberties Union (ACLU) of Florida. The American Civil Liberties Union (ACLU) is our nation’s guardian of liberty, working daily in courts, legislatures and communities to defend and preserve the individual rights and liberties guaranteed to all people in this country by the Constitution a...

James Shaw, Jr. Named “Member of the Month” by the Phi Delta Phi

Partner James Michael Shaw, Jr. was recently named as the "Member of the Month" for Phi Delta Phi's Barrister Brief, a monthly highlight recognizing excellence and achievements from distinguished attorneys. The International Legal Honor Society of Phi Delta Phi was established in 1869 to promote a higher standard of professional ethics and is among the oldest of legal organizations in North Ame...

Butler On Drones (Third Edition): A Practical Guide For Insurers

Drones – also known as unmanned aerial vehicles (UAV) or unmanned aircraft systems (UAS)—are a transformative technology affecting the recreational and commercial sectors at an accelerating pace.   As the U.S. airspace becomes more crowded with these flying robots, insurers need to stay informed as to the rapidly changing legal landscape as their insureds, and insurers themselves, begin to u...

The Use Of Drones And Other Remote Technologies In Property Insurance Claim Adjustment

Partner James Shaw and co-speaker Derek Chaiken presented "The Use of Drones and Other Remote Technologies in Property Insurance Claim Adjustment" for the ABA Property Insurance Law Annual Spring CLE Conference. This took place in Austin, TX on May 9, 2019. In this session, the panel addressed legal and regulatory hurdles, as well as potential extra-contractual exposure, which can arise from the ...

The Federal Aviation Authority Reauthorization Act of 2018 and Its Effect on Drones

The Federal Aviation Authority (“FAA”) Reauthorization Act of 2018 (the “Act”) was signed into law on October 5, 2018, by President Donald Trump.[1] The Act was the first five-year FAA reauthorization since 1982. Such reauthorizations provide the FAA with guaranteed funding for the next five years. The Act contains a plethora of supplementary provisions in addition to the provisions regard...

Drone Accident Excluded Under CGL Policy’s Aircraft Exclusion

In the most recent edition of our book, Butler on Drones, we reported that ISO has issued specific exclusions for unmanned aircraft for inclusion into CGL policies, but it was an open question whether a CGL policy’s standard aircraft exclusion already excluded coverage for liability arising from the use of a drone. A California federal district court has now weighed in on the question – the f...

Partner James Shaw, Jr. Featured on Fox 13 News

Partner James Shaw, Jr. provided comments for a Fox 13 news report on the growing privacy concerns about increased traffic cameras in the Bay Area.  ...

Partner James Shaw, Jr. was Live During the Midpoint Radio Show

On October 11th, 2018, Partner James Shaw, Jr. was LIVE on air during the MidPoint show on radio station 88.5 WMNF. James spoke with radio host Shelley regarding the Florida state ballot amendment. You can listen to the MidPoint radio show here. ...

James Shaw, Jr. Awarded the American Civil Liberties Union’s Greater Tampa Chapter First Amendment Award

Partner James Shaw, Jr. was awarded the American Civil Liberties Union’s Greater Tampa Chapter First Amendment Award. James has a 20-year history with the organization that began in high school and continued throughout college and his professional career. He is the Chair panel for this organization and has held this title for over 10 years. In this panel, James and other volunteer attorneys meet...

It’s About More Than The Cake

James Shaw from Butler Weihmuller Katz Craig and Chairman of the Legal Panel for the Greater Tampa Chapter of the ACLU was part of a panel in Tampa, FL at the "It's About More Than The Cake", an important conversation on the First Amendment and anti-discrimination law. On December 5, 2017, the U.S. Supreme Court heard arguments in Masterpiece Cakeshop v. Colorado Civil Rights Commission. Jack P...

Namic Claims Conference – Aerial Imagery – Advantages And Liabilities: A Discussion Panel

James Shaw from Butler Weihmuller Katz Craig presented in Orlando, FL at the 2018 NAMIC Claims Conference on the topic of "Aerial Imagery – Advantages and Liabilities: A Discussion Panel". Growth and access to aerial imagery from drones and satellites has given carriers the opportunity to improve expenses, workflows, safety, and customer experiences in manners which could only have been imagine...

Butler On Drones (Second Edition) : A Practical Guide For Insurers

Drones – also known as unmanned aerial vehicles (UAV) or unmanned aircraft systems (UAS) – have left no industry unaffected, and the insurance industry is perhaps affected most of all. Unlike manned aircraft, whose risks are largely confined to the industry’s aviation sector, the affordability, versatility, and ubiquity of drones are bringing exposures to sectors of the insurance industry th...

Florida Insurance Litigation (2017 Edition)

LexisNexis Practice Guide: Florida Insurance Litigation provides the practitioner with immediate access to knowledge and strategy on every aspect of insurance practice in Florida. The publication concisely presents the terms, conditions and exclusions that govern coverage offered against the risks under each line of insurance. This approach provides a comprehensive exploration of key concepts, pol...

The D.C. Court of Appeals Just Scrapped the Drone Registry and May Have Also Turned Homeowners Insurers into Aviation Insurers

Model-aircraft hobbyist John Taylor didn’t want to register his model aircraft with the FAA pursuant to the newly created drone registry. So he took on the FAA, challenging new regulations aimed at unmanned aircraft registration and flight restrictions. Last Friday (May 19, 2017), he won. See Taylor v. Huerta, Case No. 15-1495 (D.C. Cir. May 19, 2017). At issue were the recently issued FAA Reg...

The Answers to Some of Your Questions About What Airlines Can Do When a Flight is Overbooked and Someone Is Going to Have to Get Off of the Plane

Suddenly, the entire world is interested in learning about the laws governing airlines’ actions when a flight is overbooked. It isn’t every day that the entire world suddenly wants to learn all about something that you’ve spent years studying, so this post is for our clients who insure aviation risks, our clients who are frequent air travelers, and perhaps a few curious strangers who have no...

Drone Insurance: Because You will Crash Your Drone

Ryan Hilton and James Shaw, Jr., Partners at Butler Weihmuller Katz Craig, were featured in NerdWallet.com’s latest article written by Barbara Marquand, “Drone Insurance: Because of You Will Crash Your Drone.” Be sure to read the article as Hilton and Shaw explain why it is important to check with your insurer about coverage for your drone, and why renters or home insurance doesn’t cover d...

If You Invade Someone’s Privacy With A Drone, Your Insurance Might Not Cover It

This article originally appeared in Property Casualty 360. Legal opinions may vary when based on subtle factual differences. All rights reserved. Drones, also known as unmanned aerial vehicles or unmanned aerial systems, can be equipped with cameras, thermal scanners, license plate readers and facial-recognition software. Able to accomplish feats that manned aircraft and even traditional remote-...

Schoolchildren & The Constitution In 2016

As a local volunteer for the American Civil Liberties Union, James Shaw was invited to speak before the Hillsborough County Democratic Women's Club. He spoke about "Schoolchildren and the Constitution in 2016"....

Butler On Drones: A Practical Guide For Insurers

Unmanned Aircraft Systems - better known as "drones" - are about to change the way most everything is done. The Consumer Electronics Association estimated that there were 700,000 new drone owners in 2015, and 2016 is expected to bring even more. These new drones (and new drone owners) have already begun to bring about transformative changes in several industries, but no industry will be more affec...

American Civil Liberties Union

James Shaw has always put service to the community at the forefront of everything he does. Involvement with the American Civil Liberties Union is one of the services he finds most enriching. Here, he gives us a glimpse into the fuel behind his passion for the organization. Please briefly describe the American Civil Liberties Union. It’s a non-profit, non-partisan national organization founded ...

Flying Witnesses: Admissibility Of Drone-Gathered Evidence In Florida

This article was originally published in the Winter 2016 edition of Trial Advocate Quarterly. Reprinted with permission. If reported surveys are accurate, Americans are ambivalent about the potential consequences of operating drones in both the public and private sectors; however, mixed feelings do not seem to be slowing the growth in their ownership and use. It seems inevitable that trial courts...

Paf’s 2012 Spring Seminar

James spoke at PAF's 2012 Spring Seminar.  The topic was, "Civil Liberties and New Technology."...

Proximate Causation In Third-Party Bad Faith: Not Every Bad Decision Is A Bad-Faith Suit

This is one of a series of articles originally published in Mealey's Litigation Report: Insurance Bad Faith, Vol. 25, #14 (November 23, 2011). © 2011  Read the article here. [ James Michael Shaw Jr. is a senior associate with the law firm of Butler Weihmuller Katz Craig LLP, which has offices in Tampa, Chicago, Charlotte, Mobile, Tallahassee, and Miami. He practices in the firm's Extra...

The Duty To Initiate Settlement Negotiations: Where Does It Begin And How Far Does It Go

This is one of a series of articles originally published in Mealey's Litigation Report: Insurance Bad Faith, Vol. 24, #20 (February 24, 2011). © 2011   Read the article here. [Editor's Note: James Michael Shaw, Jr., is a senior associate with the law  firm of Butler Weihmuller Katz Craig LLP with offices in Charlotte, Chicago, Miami, Mobile, Tallahassee,and Tampa. Mr. Shaw practices in th...

(Almost) Twenty Years After Powell: Case Studies On A Liability Insurer’s Duty To Initiate Settlement Negotiations

This is one of a series of articles originally published in Mealey's Litigation Report: Insurance Bad Faith, Vol. 24, #1 (May 13, 2010). © 2010   Read the article here. [Editor's Note: James Michael Shaw, Jr., is a senior associate with the law firm of Butler Weihmuller Katz Craig LLP with offices in Charlotte, Miami, Mobile, Tallahassee, and Tampa. Mr. Shaw practices in the firm's Extra-Co...

Extracontractual Recovery Without Bad Faith

Extracontractual Recovery Without Bad Faith: What Every Insurer Needs To Know About Insurance Intermediaries' Liability To Insureds This is one of a series of articles originally published in Mealey's Litigation Report: Insurance Bad Faith, Vol. 23, #20 (Feburary 25, 2010). © 2010   Read the article here. [Editor's Note: James Michael Shaw, Jr., is an associate with the law firm of Butler ...

James Michael Shaw , Jr.