James S. Malloy
Mr. Malloy concentrates his practice in complex commercial litigation, focusing on construction claims and insurance coverage litigation. Mr. Malloy has been involved in a variety of construction projects and litigations ranging from multi-million dollar offshore oil and gas projects to large commerical projects.
Mr. Malloy has vast experience with insurance coverage issues relating to construction industry claims and environmental, toxic tort, and global warming liabilities. Mr. Malloy has a broad practice in representing and counseling clients in a number of state and federal court insurance coverage matters relating to commercial general liability, builders risk, and professional liability policies. He has experience with Bermuda arbitrations and has been lead trial counsel in a multi-million dollar litigation relating to insurance coverage for a product liability claim.
Mr. Malloy’s commercial litigation experience also includes representing clients in both state and federal courts, as well as international arbitrations, in contract actions, broker liability claims, product liability claims, construction industry disputes, and toxic tort litigation. Mr. Malloy maintains an active practice in Western Pennsylvania representing and counseling clients in all aspects of commercial and insurance litigation, including discovery, motions practice, hearings, settlement negotiations, arbitrations and trials.
J.D., Duquesne University School of Law, 2002
magna cum laude; Editor-in-Chief, Duquesne University Law Review; Distinguished Student Award
B.S., Allegheny College, 1999
Court AdmissionsPennsylvania State Courts
United States Court of Appeals for the Third
United States District Court for the Western District of Pennsylvania
Professional & Bar Association Memberships
- Dingess, Foster, Luciana, Davidson & Chleboski LLP, 2011 - Present
- K&L Gates LLP, 2002 - 2011
Professional / Civic Activities
- American Bar Association, Construction Law Section
- Allegheny County Bar Association
- "Coordination of Discovery in Multiple Jurisdictions," continuing legal education program at FedEx Ground, Pittsburgh, PA, May 25, 2011.
- "Insurance Coverage Litigation," continuing legal education program for LawReviewCle, Pittsburgh, PA, March 6, 2012.
- "Construction Defects and Failures," Allegheny County Bar Association Construction Law Section continuing education program, Pittsburgh, PA, February 12, 2013.
- “Hurricanes Twin Punches Stagger But Fail to Knock Out Offshore Oil and Gas Insurers,” co-authored with Joseph L. Luciana III, The American Oil & Gas Reporter, December 2005.
- “Arbitration in Dubai: New Structures and Legal Instruments,” Arbitration World, January 2009.
- “Insurance Coverage for Emerging Global Warming Claims,” Insurance Coverage Alert, November 18, 2009.
- “Insurance Coverage for Global Warming Liability Claims,” American Bar Association Tort Trial & Insurance Practice Law Journal, Volume 45, Spring-Summer 2010.
- Lead trial counsel in a successful multi-million dollar insurance coverage action relating to product liability claims against commercial roofing manufacturer.
- Lead counsel for leading international provider of energy products and services in successful insurance coverage and broker liability recovery actions related to product liability claim.
- Represented a leading global provider of engineering and construction services in construction-related insurance claims for steel plant and coal-fired power plant.
- Represented a multinational engineering and construction company in UNCITRAL Arbitration regarding an offshore oil & gas project dispute with respect to subsea flow line issues.
- Represented one of the world's largest multinational engineering and construction companies in dispute centered on one of the world's largest offshore oil and gas projects with the national oil company of Brazil and an initial contract price of over $2.5 billion.