James W. Gicking | Attorney

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About James

Jim currently devotes all of his practice to the firm's Appellate Practice Group, building on 15 years of a varied litigation practice with two prominent Philadelphia firms. Over the past seven years, Jim has handled over 100 appeals in the state and federal courts, more than half of which have involved full briefing and argument in the appeals courts. As well, he has handled complex appeals of denials of class action certifications in the area of toxic torts and consumer fraud.

After a clerkship with Federal Eastern District Court Judge Edmund Ludwig, Jim began his career with Schnader Harrison Segal & Lewis in general litigation and as a member of the Environmental Practice Group. While at Schnader Harrison, Jim served on a PRP steering committee for a New Jersey Superfund site and represented clients before state environmental agencies in New Jersey and Pennsylvania. His practice at Schnader included defense of pharmaceutical products liability claims, cases involving groundwater contamination, RCRA closure of a hazardous waste site, and enforcement of employee non-compete agreements.

Before joining MDWC&G, Jim worked up complex tort cases for nine years at Litvin Blumberg Matusow & Young. His practice at Litvin covered the full range of plaintiffs' personal injury cases, including vehicle crashworthiness and other product defects, industrial accidents, medical malpractice, defamation, as well as insurance bad faith.

Jim's pro bono work has included serving on the Federal Employment Discrimination Panel, Philadelphia Volunteers for the Indigent Program, and Philadelphia Volunteer Lawyers for the Arts. For a period of years, Jim was also an on-air reader for Philadelphia's Radio Information Services for the Blind, an area broadcast news service.

In 1973, Jim graduated from West Chester University and subsequently received his J.D. in 1986 from City University of New York, Law School at Queens College. During the years between college and law school, Jim worked in the production and artist relations departments of A&M, Artists' House, and CTI Records.

Significant Representative Matters

  • Obtained reversal of Superior Court decision in suit against major metropolitan newspaper and prominent legal newspaper in defamation against public figure.

  • Obtained Pennsylvania Supreme Court reversal of the Pennsylvania Superior Court in a high-profile defamation case in which former government official and community leader plaintiff claimed that she and husband were defamed by newspaper story that characterized their multi-count complaints suit against a rap artist and record companies as a suit for "harm to sex life" based on a cursory loss of consortium claim included in the complaint.

  • Persuaded the Third Circuit to reverse the federal district court's ruling in a subsequent civil rights case that our attorney client, who brought an ex parte motion to a different federal judge under an international child abduction act treaty that resulted in the seizure of a child from his natural father, could not be liable on ground that he negligently misled the district court to order the seizure without the need of a pre-deprivation hearing.

  • Persuaded the Pennsylvania Superior court to affirm a defense verdict in a liquor liability case where the trial court had allowed the admission of records involving juvenile offenses and evidence of other incidents of illegal drug use.