Lozier, James E.

Education

Boston College

B.S., 1971
  • magna cum laude
  • Beta Gamma Sigma (National Business Honor Fraternity)

Fordham University Law School

J.D., 1975
  • Fordham Urban Law Journal

Harvard Law School Facilitated Mediation Program

1997

Institution of Continuing Legal Education General Civil Mediation Program

Michigan Dispute Resolution Center Elder Law Mediation Program

Bar Admission

Michigan

1975

James E. Lozier

Member

Overview

James Lozier serves as the firm’s Chairperson of the Railroad and the Food & Agri-Business Practice Groups. Mr. Lozier has practiced primarily as a trial and litigation lawyer for more than 40 years.  In that capacity, he defends against and prosecutes claims for railroad companies; transportation companies; food manufacturers; processors, transporters, packagers and distributers; oil & gas production entities; development & investment entities; educational institutions; financial institutions; utility power distribution companies; agriculture, construction, industrial, and consumer equipment manufacturers, distributors and dealers; telecommunication entities; and other corporations, business entities and individuals. He also serves as a mediator, arbitrator and case evaluator.  Mr. Lozier is also the firm’s Engagement Partner for E.I. DuPont de Nemours and Company.

Prominent Assignments

Counsel to railroads (Canadian Pacific Railway Company, Canadian National Railway Company, CSX Transportation Inc., Grand Trunk Western Railroad Company, Soo Line Railroad Company, & various short-line railroads) in prosecution and defense of commercial disputes, defense of environmental federal, state, and private industry soil, water, wetlands, and other pollution claims brought under CERCLA, Michigan and Ohio statutory and common law; defense of trespass, nuisance, and other claims; and defense of catastrophic personal injury, toxic tort & property damage claims (e.g. FELA, railroad motor vehicle crossing, trespasser, trackage rights, property tax, asbestos & freight).

Counsel to food manufacturers, processors and distributors; Natural Selection Food Manufacturing, LLC, E.I. DuPont de Nemours & Company, Dole Food Company, Inc., and Kraft Foods Global, Inc. in food safety related matters (e.g. spinach, e-coli, egg e-coli, & foreign material) and other general litigation (e.g. wrongful termination & wrongful death of contractor's employees). Mr. Lozier has represented food producers in dealing with the FDA and state regulators in recall and food product withdrawals.  He has also counseled, evaluated and represented food industry clients on insurance claims for recall/product withdrawal expenses, recoupment of equipment breakdown costs and in the defense of third party commercial, property damage, wrongful death, and personal injury claims involving food borne illness. 

Counsel to product (construction, agricultural and chemical) manufacturers, distributors, and dealers, oil & gas production, development & investment entities, utility power distribution companies, telecommunication entities and other corporations (e.g. Cloverland Electric Company, Great Lakes ComNet, Inc., E.I. du Pont de Nemours and Company, Deere & Company, Natural Selection Food Manufacturing, LLC, Dole Food Company, Inc., Kraft Foods Global, Inc., The Toro Company, Waypoint Fiber Networks, LLC, The Upjohn Company, Bekum Americas Corporation, American Axle & Manufacturing Inc., Morrison Industrial Equipment, & Wolverine Energy LLC) in commercial litigation (e.g. breach of contract, business tort, covenants not to compete & antitrust), dealer disputes (e.g. dealer closings, antitrust, business tort, creditors’ rights & bankruptcies), in defense of employment claims (e.g. employment termination, civil rights, sex, race and other discrimination, ADA claims, whistleblower & sexual harassment), and in defense of catastrophic personal injury, product liability and toxic tort lawsuits (e.g. wrongful death, loss of limb, paralysis, asbestos/mesothelioma & closed head brain injury).

Counsel to insurance companies (e.g. Lexington Insurance Company, Federal Rural Electric Insurance Exchange, Lloyds of London, Gen Star Insurance Company, Lexington Insurance Company, John Deere Insurance Company, Inc. n/k/a Sentry Insurance Company) and insureds (American Axle & Manufacturing Holdings, Inc., Bekum America Corporation, & Morrison Industrial Equipment Company) in defense and prosecution of insurance coverage lawsuits and representation through insurance companies of their insureds (e.g. Lexington Insurance Company, Zurich Insurance Company, John Deere Insurance Group, Inc., & CNA Insurance Company) in defense of catastrophic personal injury and property damage claims (e.g. wrongful death, closed head brain injury, paraplegic, quadriplegic, loss of limbs, fire losses and water damage).

Counsel to financial institutions, educational institutions and public entities (e.g. Consumers Professional Credit Union; Security Federal Credit Union; Flint Area School Employees Credit Union; Lake Huron Credit Union; Ingham County, Ingham County Sheriff's Department; Middle Cities Risk Management Trust; Lansing Public Schools & Jackson Public Schools) in defense of officers and directors liability employment termination, law enforcement employment and labor issues, sexual harassment, school civil rights claims & teacher and student related claims.

Counsel in domestic relations matters often entailing large marital estate litigation involving divorce, separation, child custody, spousal and child support and ante nuptial and postnuptial agreements.

Counsel to medical professionals in licensing and medical staff privileges disputes.

Mr. Lozier has served as lead counsel in cases before the US Court of Appeals for the Sixth Circuit; US District Court in Michigan, Ohio, Iowa, Illinois & New Jersey; all state courts in Michigan; and trial courts in Michigan, Illinois & Iowa. 

Arbitrator, mediator and ADR facilitator. Besides serving as an advocate in over 100 mediations and arbitrations since 1988, Mr. Lozier has, for years, also served regularly as a case evaluator, as well as a mediator and arbitrator in effectively resolving other parties disputes.

Representative Clients

  • American Axle & Manufacturing Holdings, Inc.
  • Canadian National Railway Company
  • Canadian Pacific Railway
  • Cloverland Electric Cooperative, Inc.
  • Consumers Professional Credit Union
  • CP Rail Systems, Inc.
  • Deere & Company
  • Dole Food Company, Inc.
  • E. I. du Pont de Nemours and Company
  • Fraternal Order of Eagles
  • Grand Trunk Western Railroad Company
  • Kraft Foods Global, Inc.
  • Lake Huron Credit Union
  • Lexington Insurance Company
  • Lloyds of London
  • Natural Selection Foods, LLC
  • Pioneer Behavioral Health, Inc.
  • Pioneer Railcorp.
  • Soo Line Railroad
  • The Toro Company
  • Waypoint Fiber Networks, LLC
  • Wolverine Energy, LLC

Professional Involvement

  • National Academy of Jurisprudence (Member)
  • Ingham County Bar Association
  • Ingham County Bar Foundation
  • Cooley Law School Visiting Professor
  • Defense Research Institute (DRI) former Board of Directors Member; Michigan State Representative; ADR Committee Chairperson; Product Liability Steering Committee Member; ADR National Conference Chairman, 2002; ADR DRI Annual Meeting Chairperson, Seminar, 2000
  • Federal Bar Association – Eastern District of Michigan (Member)
  • Federal Bar Association – Western District of Michigan (Member)
  • Federation of Defense and Corporate Counsel (Member)
  • Fellow, Michigan Bar Foundation
  • International Association of Defense Counsel (Member)
  • Michigan Association of School Boards (Member)
  • Michigan Defense Trial Counsel (former Board Member and President)
  • Michigan State University Law School Inns of Court (Member)
  • National Association of Railroad Trial Counsel (Member)

Community Involvement

  • American Businessman's Club (former President and Board Member)
  • Beekman Center for Physically & Mentally Impaired Children (former Board Member)
  • Boston College Alumni Association
  • Boston College Varsity Athlete Alumni Club
  • Boston College Football Alumni Association
  • Fordham Law School Alumni Association
  • Lansing Ballet (former Board Member)

Publications/Presentations

  • Michigan Agri-Business Association 2016 Annual Meeting, Speaker on the Food Safety Modernization Act and Communicating with Regulatory Agency Representatives
  • Michigan Bean Shippers, Speaker at "2016 Dry Bean Outlook Conference," Bay City, Michigan, December 2015
  • Credit Union National Association Annual Meeting, Nashville, Tennessee
  • Thomas Cooley Law School, Guest Lecturer on Effective Business Planning in Anticipation of Potential Litigation, Products Liability, Trial Practices and Business Organization
  • Material Handling Equipment Distributors Associations, speaker at 49th Annual Convention seminar, Miami, Florida, May 2004
  • National Association of Railroad Trial Counsel (Naples, Florida), Pedestrian Liability, 1996
  • The Society of Plastics Industry, "Liability for Workplace Product-Related Injuries," San Diego, California, May 2002
  • American 1 Federal Credit Union, Speaker at "Workplace Violence and Alternate Dispute Resolution" seminar, April 2002
  • Defense Research Institute Product Liability Conferences National Seminars, Speaker and Panel Moderator for "Successful Application of ADR and Facilitated Mediation to Resolve Product Liability and Tort Litigation Claims," and author of numerous articles and provider of other presentations on products liability, officers and directors liability, the insurance coverage and utilization of mediation and arbitration in dispute resolution.
  • Institute of Continuing Legal Education, lecturer on "Handling Documentation Discovery in Complex Commercial Litigation"
  • The Care, Feeding and Destruction of Medical, Scientific, and Engineering Experts Annual Conference (MDTC Program Chairperson)
  • Michigan Defense Quarterly, "Michigan Tort Reform"
  • Michigan State Bar Journal, "Judicial Selection in Michigan"
  • Fordham Law Journal, "Judicial Selection in New York"
  • Defense Research Institute's Monthly Publication "For the Defense," numerous articles on Facilitated Mediation and Related ADR Processes

Admitted

  • U.S. Court of Appeals Sixth Circuit
  • U.S. District Court for the Eastern District of Michigan
  • U.S. District Court for the Western District of Michigan
  • U.S. District Court for the Northern District of Iowa
  • U.S. District Court for the Central District of Illinois
  • U.S. District Court for the District of New Jersey
  • U.S. District Court for the Northern District of Ohio
  • U.S. District Court for the Eastern District of Pennsylvania
  • US District Court for the Northern District of Oklahoma
  • EMAIL
  • |
  • PRINT

Areas of Practice

Acknowledgements

  • Michigan Super Lawyers
  • Best Lawyers in America
  • Corporate Counsel Top Lawyers
  • Martindale-Hubbell AV Preeminent (the highest possible rating in both legal ability and ethical standards)
  • Michigan Defense Trial Counsel, Excellence in Defense Award, 2009
  • Michigan Lawyers Weekly Leader in the Law 2005
  • DRI 2003 Outstanding State Representative Award
  • DRI State Leadership Award