Download PDF
Overview
James "Jim" Abbott is a Partner in Freeman Mathis & Gary, LLP's Chicago office. He is a member of the firm's Healthcare, Tort and Catastrophic Injury, Construction & Design, and Commercial Litigation practice areas. Mr. Abbott is a seasoned trial attorney and has defended more than 25 cases to verdict throughout Illinois, in federal courts, in other states, and at binding arbitrations. He has been admitted pro hac vice as lead counsel and/or served as national coordinating counsel in California, New York, Texas, Wisconsin, and Missouri. He has considerable experience defending businesses, non-profit organizations, and professionals in high stakes actions within a multitude of industries, including healthcare, construction, trucking/transportation, and manufacturing. His practice is national in scope, and in some instances clients have asked him to appear shortly before trial in high exposure cases after settlement negotiations have failed. Many of his cases have involved novel legal issues and/or garnered media attention, such as the nationwide opioid litigation, in which he successfully defended a non-profit medical organization in dozens of cases in Illinois and the Multidistrict Litigation. He has consistently been recognized by his peers as an Illinois Super Lawyer in civil litigation and as a Leading Lawyer in medical malpractice defense and professional liability defense. In 2025 he was recognized in America's Top 100 Civil Defense Litigators.
Mr. Abbott represents physicians, medical groups, paramedics and long term care facilities in medical malpractice actions. He defends business of all sizes in complex commercial litigation matters involving fiduciary disputes, executive and officer liability, accounting and tax malpractice, legal malpractice, consumer fraud, trade secret violations, civil conspiracy, unfair business practices, and class actions. Additionally, he defends non-profit organizations in a wide variety of actions ranging from employment discrimination and contract disputes to difficult foster care agency liability actions. his practice also includes the defense of construction companies, security services, and product manufacturers in catastrophic injury and wrongful death actions. He works tirelessly to make his clients relatable to juries in order to combat "profits over people" arguments and similar "reptile" trial tactics. He connects with jurors by explaining complex issues in ways that lay people can understand and crafting common sense arguments that resonate with people from all walks of life.
Mr. Abbott is an accomplished speaker on a variety of legal topics. He has been an invited speaker on dozens of occasions throughout his career, including at Claims and Litigation Management, The Employer Research Institute, and in-house for numerous companies across the country. He has also contributed to the peer reviewed literature, having written on topics such as legal malpractice, product liability, and employment matters. He also participated in a medical-legal case study following his successful defense at trial of a medical malpractice action called "You Be The Judge, OB-GYN Malpractice Prevention." He has served on two hospital foundation boards. He has also served as an election Pollwatcher in National and Illinois statewide elections to ensure the integrity of the election process.
Bar Admissions
Illinois
- Illinois State Courts
- Supreme Court of Illinois
- U.S. District Court for the Central District of Illinois
- U.S. District Court for the Northern District of Illinois
- U.S. District Court for the Southern District of Illinois
U.S. Courts of Appeals
- U.S. Court of Appeals for the Seventh Circuit
Education
J.D. (with honors)
Chicago-Kent College of Law
B.A.
University of Illinois at Urbana-Champaign
Publications & Engagements
- Legal Perspective: Church Reliance Upon Volunteers, United Church of Christ Insurance Board, 2021
- Defending a “Case Within a Case” Legal Malpractice Action, Best Practices For Defending Professional Liability Claims: Case Studies From Leaders in the Field, ExecSense eBook, 2013.
- Product Liability Defense: Keys to Success, Inside the Minds, Product Liability Litigation and Dispute Resolution, Aspatore Books, 2007, 7-30.
- Assisted in preparation of a medical legal case study following defense verdict in Strino v. Lindemulder, 00 L 15138: You Be The Judge, OB-GYN Malpractice Prevention, July 2004, Vol. 11, No. 7, 53-55.
- Assisted in preparation of article while a law clerk: The Scope and Substance of Medical Expert Cross Examination, Illinois Bar Journal, Nov. 1998, Vol. 86, No. 11, 612-621, 638.
Representative Cases & Clients
- Obtained defense verdict for a gastroenterologist in wrongful death malpractice action alleging that he failed to timely diagnose and treat colon cancer in a 37 y.o. patient following a colonoscopy that revealed ulcerative colitis. Plaintiff’s counsel asked the jury for $16 million.
- Obtained defense verdict for obstetrician in wrongful death malpractice action alleging negligence stemming from his performance of an emergency c-section. Plaintiff’s counsel asked the jury for $20 million
- Obtained defense verdict for oral surgeon in malpractice action for alleged failed to properly perform full mouth dental implant surgery on a woman in her mid- 30s, which resulted in severe infection, comprehensive bone loss and permanent loss of teeth.
- Obtained favorable verdict for a paramedics company in negligence action involving stipulated liability but heavily disputed damages. Plaintiff asked the jury for more than $10 million, but jury awarded less than the company’s $1 million policy limit.
- Obtained JNOV ruling following five week product liability wrongful death action.
- Obtained favorable result at binding arbitration for a large national pharmacy, which significantly mitigated its damages in underlying negligence action involving a medication error that caused plaintiff’s sepsis and paraplegia.
- Obtained favorable verdict for primary care practitioner in wrongful death malpractice action alleging failure to treat middle age woman with pneumonia who developed an infection and died. Entered into a $5 million-$750,000 high-low agreement before closing. The jury awarded $750,000.
- Prevailed on summary judgment in wrongful death action on behalf of an events promotion company following the heavily publicized death of a 23 y.o. woman who fell from a four story balcony at a prominent Chicago hotel while attending a Halloween party.
- Prevailed on summary judgment in a “case within a case” legal malpractice action filed by a wealthy bond trader against a law firm, which involved complex underlying accounting issues and enormous financial losses in the form of back taxes, fines and penalties with the IRS.
- Defense of a hospital charged with EMTALA violations. Successfully negotiated a resolution such that the hospital avoided paying any fines and did not lose its Medicare status or have its CMS certification terminated.
- Successfully appealed a contract action on behalf of a financial services company involving a disputed annuity purchase of a structured settlement, which reversed the circuit court’s decision blocking the annuity purchase.
- Prevailed at summary judgment on behalf of a medical clinic sued by its former manager of business operations for alleged age discrimination.
- Prevailed at summary judgment on behalf of security company that allegedly used defective checkpoint equipment.
- Prevailed on dispositive motion on behalf of manufacturer of exercise equipment dismissing class action alleging violations of the Illinois Consumer Fraud and Deceptive Business Practices Act stemming from dispute over its rebate program.
- Successfully defended a non-profit community association board and its individual members in a breach of fiduciary duty action. The parties filed cross summary judgment motions. Case settled for a nominal sum shortly before the court ruled on the motions.
- Prevailed on dispositive motion dismissing a class action complaint alleging RICO violations, civil conspiracy, and unjust enrichment against the director of a nonprofit organization accused of tax fraud.
- Successful defense of a non-profit medical organization in dozens of consumer fraud actions in Illinois and in the opioid Multidistrict Litigation alleging that it conspired with manufacturers of opioids to downplay its dangers.
- Obtained partial JNOV in Section 1983 retaliatory discharge action on behalf of a township.
Affiliations
-
Claims and Litigation Management
Awards & Recognition
- Illinois Leading Lawyer- Medical Malpractice 2022- Present
- Illinois Super Lawyer in Civil Litigation 2016-2018, 2026
- America’s Top 100 Civil Defense Litigators, 2025
- Illinois Super Lawyer “Rising Star”, 2012-2013
- Illinois Society of Trial Lawyers induction 2009
Classes/Seminars Taught
- Liability Lowdown For Your Ministry: Protecting Your Congregation From Sexual Misconduct, June 17, 2021
- Employment Practices Liability, June 2021
- Asbestos Litigation- It is That Bad Penny That Will Not Go Away, May 20, 2016
- Spoliation of Evidence, December 17, 2014
- Ethical Use of Social Media, March 18, 2014
- Joint & Several Liability, Contribution and Assumption of Risk, December 5, 2012
- Tort Immunities, November 8, 2012
- Ethics and Good Faith Claim Handling, December 16, 2009
Practice Sections
Interdisciplinary Teams
Education
J.D. (with honors)
Chicago-Kent College of Law
B.A.
University of Illinois at Urbana-Champaign