James P. Ware

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Litigator Extraordinaire
Phone

(206) 693-2900

Email

james@gleamlaw.com

LITIGATION PARTNER

James Ware

James Ware is a litigation and appellate attorney. James spent the first 17 years of his career at a boutique business law firm in Bellevue, Washington where he spent his final years at the firm as head of the firm’s litigation department. James has served as lead counsel in numerous jury and bench trials before state and federal courts throughout Washington, and has successfully argued cases before all divisions of the Washington Court of Appeals as well as the Ninth Circuit. James has also successfully argued cases before the Washington Board of Tax Appeals and before the Department of Revenue’s Administrative Review and Hearings Division. At the appellate level, James has successfully argued cases that established new law regarding the statute of limitations for malpractice and negligence claims against tax professionals and new law regarding the scope of Washington’s tied house laws in the cannabis industry.

James has represented a wide range of clients ranging from homeowners with Form 17 claims, to the estates of individuals killed as the result of gross neglect and negligence, to multi-national corporations. James’s approach to litigation is straightforward: provide the client with a clear understanding of the potential risks and rewards of litigation and ensure that the client’s decisions are based upon well-reasoned analysis of the facts and law. And then watch the opposing party swear at their attorneys.

Born in the south and having spent his formative years in Colorado, James moved to the greater Seattle area in 2005. In his spare time James enjoys typical PNW activities: hiking, biking, cross-country skiing, and gardening. With his background in music James enjoys summer concerts, musicals, and the occasional trip to the Seattle Symphony Orchestra.

Commercial Litigation Attorney

  • JD from University of Denver Sturm College of Law
  • BA from University of Colorado, Boulder B.A. Music, B.A. Economics
  • Yaron v. Conley, 17 Wn. App. 2d 815, 488 P.3d 855 (2021)(published)
  • Davis v. Wash. State Dep’t of Soc. & Health Servs., 773 F. App’x 367 (9th Cir. 2019)
  • Liu v. Great Ocean Capital Holding, LLC, No. 76576-1-I, 2018 Wash. App. LEXIS 2327 (Ct. App. Oct. 15, 2018)
  • Ryan & Wages, LLC v. Wages, No. 68253-9-I, 2013 Wash. App. LEXIS 611 (Ct. App. Mar. 18, 2013)
  • GLV Int’l, Inc. v. Am. Rodsmiths, Inc., No. 67956-2-I, 2013 Wash. App. LEXIS 123 (Ct. App. Jan. 22, 2013)
  • Murphey v. Charles D. Grass, CPA & Assocs., PS, 164 Wn. App. 584, 267 P.3d 376 (2011)(published)
  • Hoss Mortg. Inv’rs, Inc. v. Senator, LLC, No. 37960-1-II, 2010 Wash. App. LEXIS 389 (Ct. App. Mar. 2, 2010)
 
  • Obtained a million plus dollar settlement against Washington State and a school district for the wrongful death of a five-year old child in foster care.
  • Obtained a judgment for a real estate agent and develop for a complete refunds of a $50,000.00 earnest money deposit and award of attorney fees on a trial de novo
  • Obtained judgment against the creator of an EB-5 Regional Facility for violation
    of the Washington State Security Act. On summary judgment, Mr. Ware was able
    to show that the creator of the investment scheme made material
    misrepresentation in the Private Placement Memorandum for the Project and
    that the investor’s reliance on those misrepresentations was reasonable.  The
    total judgment amount exceeded $750,000.00.
  • Successfully obtained a defense verdict in an LLC member dispute in which the
    plaintiffs sought contribution and indemnification from MDK Law’s clients for
    two failed liquor store ventures. The plaintiffs in this action sought
    approximately $300,000.00 in contribution and sought indemnification for a
    potential liability of over $600,000.00.
  • Obtained a $300,000.00+ judgment through summary judgment for an
    international fishing rod manufacturer against a Texas based retailer for breach
    of the parties’ contract and breach of the owner’s personal guaranty.
  • Successfully defended a 25,000-employee international technology company
    from unpaid commissions claims. The ultimate award of damages was
    approximately 1/3 of what the client had offered at mediation.
  • Obtained a dismissal of an assessment by Washington’s Department of Revenue
    against a Kirkland based national moving company for its purported failure to
    collect retail sales tax on packing equipment. After James submitted his brief to
    the Board of Tax Appeals, the Department stipulated to a dismissal of the
    assessment.
  • Successfully litigated reversal of a $160,000.00 DOR assessment before the
    Board of Tax Appeals for an online hookah and shisha tobacco wholesaler for
    purported unpaid Other Tobacco Products (“OTP”) tax.
  • Successfully prosecuted at trial a derivative action against the majority member
    of an LLC for various self-dealings and mismanagement of LLC funds. In the
    judgment the trial court found that the majority member of the LLC was not
    entitled to any of the assets of the LLC upon judicial dissolution because it was
    proven at trial that his capital account was negative

 

  • Washington
  • Federal District Court Western District of Washington
  • Federal District Court Eastern District of Washington
  • Ninth Circuit Court of Appeals
  • Bankruptcy Court Western District of Washington