James E. (Jim) Cox, Jr.OF COUNSEL

Jim is a litigation attorney with significant experience handling a wide variety of cases arising in federal and state court as well as administrative proceedings.  His background, which includes 20 years of government service as a tank and scout platoon leader in the Army and then as an Assistant U.S. Attorney in the Department of Justice, provides him with a unique skill set to handle unusual and complex disputes that require versatility and creative thinking.  Jim displayed these traits most recently in expedited litigation and trials before both the South Carolina Public Service Commission and the U.S. District Court in the District of South Carolina protecting ratepayers against the recovery of billions of dollars in costs for the abandoned V.C. Summer new nuclear project.

Jim also has significant experience litigating employment-related issues, including the enforceability of non-compete and non-solicitation covenants, payment of wages claims, and discrimination and retaliation claims arising under federal and state employment laws.  He has handled successful litigation of these and other types of cases at trial and on appeal.  Jim’s background also provides him with valuable skills in advising on any regulatory or litigation issues that relate to the federal government.

 

P 864-242-8212

F 864-298-3940

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  • Bankruptcy, Insolvency and Creditor's Rights
  • Employment
  • Governmental Representation
  • Health Care
  • Internal Investigations
  • Litigation
  • Plaintiff’s Personal Injury Practice
  • Product Liability
  • Whistleblower and False Claims Act Litigation
2004, J.D. Stanford Law School, Stanford Law Review, Executive Editor
1996, B.S. United States Military Academy, West Point, NY

Commercial/Regulatory Litigation

  • C. Summer Consolidated Dockets, S.C. Public Service Commission:   successfully second-chaired a three week hearing on behalf of the S. C. Office of Regulatory Staff regarding the recovery of $5 billion in costs for the abandoned V.C. Summer nuclear project. Litigation required the taking of 26 depositions, review of thousands of pages of documents, and examination of 41 witness in a compressed time period
  • SCE&G v. Randall, et al., 333 F. Supp. 3d 552 (D.S.C. 2018):  successfully opposed a complaint and motion for preliminary injunction seeking to overturn a state law that provided $270 million in temporary rate relief to more than 780,000 customers following the abandonment of the V.C. Summer new nuclear project
  • Claiborne v. McHugh, Case No. 3:15-cv-01192-BR:  defeated preliminary injunction motion challenging the Army’s authority to separate soldiers for misconduct occurring during prior periods of enlistment
  • Brown v. Vilsack, Case No. 1:14-cv-01739-PA:  won dismissal of case challenging the U.S. Department of Agriculture’s promulgation and implementation of regulations regarding low-income housing program
  • Schleining v. Thomas, 642 F.3d 1242 (9th Cir. 2011):  won appeal challenging the Bureau of Prisons’ calculation of good conduct time credit for federal prisoners
  • Rick Franklin Corp. v. U.S. Dept. of Homeland Security, 2008 WL 337978 (D. Or. 2008):  obtained summary judgment affirming denial of a claim for reimbursement of costs incurred in cleanup of gas spill

 Employment Litigation

  • Mitchell v. Postmaster General, 585 Fed. Appx. 743 (9th Cir 2014):  won appeal challenging defense verdict in Title VII trial
  • Cramblett v. McHugh, 2014 WL 2093600 (D. Or. 2014):  won trial on age discrimination and retaliation claims
  • Carroll v. Holder, 2011 WL 7091804 (D. Or. 2011):  defeated claim that the FBI used the worker’s compensation process to discriminate against an employee based on disability
  • Henry v. Potter, 2010 WL 2990197 (D. Or. 2010):  won jury verdict for employer on race discrimination and retaliation claims

Tort Litigation

  • Solem v. United States, 3:15-CV-00725 (D. Or. 2018):  won trial for VA surgeon on medical malpractice claim based on general surgical care
  • Stringer v. Forest Service, 691 Fed. Appx. 381 (9th Cir. 2017):  obtained dismissal of premises liability case based on scope of recreational immunity statute
  • Irvine v. Dept. of Veterans Affairs, 2015 WL 5919878 (D. Or. 2015):  won trial for VA neurosurgeon on medical malpractice claim based on neurosurgical care
  • Delehant v. United States, 2012 WL 4794147 (D. Or. 2012):  obtained defense judgment at trial on wrongful death claim based on nursing care

 

2018–Present Wyche, P.A.
2007-18 Assistant U.S. Attorney, District of Oregon, Portland, OR
2004-07 Gibson Dunn & Crutcher, LLP, Los Angeles, CA

South Carolina
United States District Court, District of South Carolina
U.S. Court of Appeals for the Fourth Circuit
U.S. Court of Appeals for the Ninth Circuit

  • Board member, South Carolina Chapter of the Federal Bar Association
  • Mock Trial Coach, South Carolina Bar
  • Sunday School teacher and youth baseball and basketball coach
  • Pregnancies Raise Many Questions in the Workplace, Upstate Business Journal, August 16, 2018
  • Assistant U.S. Attorney, Dept. of Justice, 2007-2018
  • Armor Officer, United States Army, 1996-2001
2019 Recognized as “Legal Elite” of the Upstate, Energy and Utilities Law, by Greenville Business Magazine