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James Oh
Attorney

James Oh

a crafty rabbit has three burrows

Chicago, Illinois

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Specialties & Experience

Employment Law

About James Oh

My practice is focused on bringing lawsuits against federal and state governments and in defending class actions and other high-exposure, complex litigation. ► Lead trial counsel for Plaintiffs in American Academy of Pediatrics, et al., v. Robert F. Kennedy, Jr., in his official capacity as Secretary of Health and Human Services, et al., Case No. 1:25-cv-11916 (BEM) (D.Mass. Mar. 16, 2026) (granting motion for preliminary injunction staying unilateral changes to CDC's childhood immunization schedule and staying the Secretary's appointments of 13 members to the Advisory Committee on Immunization Practices) (ECF 291).► Lead trial counsel for Plaintiff in Insight Chicago, Inc. v. Xavier Becerra, in his official capacity as Secretary of Health and Human Services, Case No. 23-cv-14328 (N.D.Ill. Oct. 2, 2023) (granting TRO to critical-access hospital that saved the hospital from being removed from the 340B prescription drug program) (ECF 10). ► Lead trial counsel in federal court trial of collective and class action where trial court granted judgment to defendants, 2012 WL 407442 (S.D.Ohio 2012); affirmed, 710 F.3d 640 (6th Cir. 2013). ► Parachuted in to be first chair trial counsel 60 days before trial in a certified class action in the Eastern District of New York after discovery closed and summary judgment was denied. Identified critical evidence not previously produced in discovery and proffered the evidence to the plaintiffs’ counsel, which led to favorable settlement. ► First-chaired the retrial of a case that had resulted in the largest employment law verdict ever awarded in the State of Ohio. After opening statements, the case settled for one-third of what the previous jury had awarded.► Lead counsel in lawsuit against the State of California alleging that California vacation pay law was preempted by ERISA. California agreed to a consent decree that required California to recognize the company’s paid time off plan as an ERISA plan and that California law is preempted. ► Lead counsel in lawsuit in which court granted preliminary injunction against the State of Wisconsin that Wisconsin's FMLA law was preempted by ERISA.► Lead counsel in lawsuit brought by a Medicare Advantage Plan against the United States Department of Health and Human Services and the Centers for Medicare & Medicaid Services (CMS) alleging that CMS miscalculated its Star Rating, which deprived the plan of an eight-figure quality bonus.

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