James H. Fallace

James H. Fallace

James H. Fallace

James H. Fallace

1900 Hickory St.
Ste. A
Melbourne, Florida 32901
Phone:(321) 951-9900
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Jim Fallace has more than 38 years of experience practicing law starting in 1979 in northwest, Indiana and Chicago, Illinois. In 1986, Jim relocated his law practice to Melbourne, Florida and was admitted to the Florida Bar. Jim is a founding member of Fallace & Larkin and is licensed to practice law in Florida, Indiana and, Illinois and is AV rated by Martindale-Hubbell Peer Review Ratings.

Jim attended Grinnell College for undergraduate studies and received his Bachelor of Arts degree in 1976. While attending Grinnell, his article on teaching techniques for values education was published by the National Education Association in its book titled Values Concepts and Techniques. Jim received his law degree in 1979 from Drake University Law School. While at Drake, Jim was selected for Drake Law Review and worked as a student Judicial Law Clerk for a U.S. District Court Judge in the Southern District of Iowa.  His work on first amendment and media issues was published in the Drake Law Review.

Prior to moving to Brevard County, Florida Jim practiced law in northwest Indiana and in 1981, Jim became a partner in a Chicago law firm.  While practicing law in the Chicago area, Jim represented a broad range of clientele in commercial business and fraud litigation and complex business transactions.

In 1986, Jim relocated to Florida and served as outside general litigation counsel to a national insurance company and multi-division insurance group. Jim is a “Master” in The Vassar B. Carlton American Inns of Court. In 2006, Jim was appointed by Governor Jeb Bush to the Fifth District Court of Appeals Judicial Nominating Commission and served as its Chair. Jim also served as the Vice Chair of the 18th Circuit Florida Bar Grievance Committee and is the recipient of the Meritorious Public Service Recognition award from the Florida Bar. Jim is the author of several civil procedure chapters published in the Lawyers Cooperative Practice Guide, American Inns of Court, Civil Procedure Series.

Jim continues to represent a wide variety of business clients, including medical groups and physicians, and provides a broad range of litigation services on complex contract disputes. In addition to representing the firm’s clients in both state and federal courts, Jim’s practice includes drafting complex business contracts and representing clients in employment disputes, as well in transactions and contract asset, stock, and other ownership sales and acquisitions. A significant portion of Jim’s practice involves drafting and representing both employers and employees in restrictive covenant contract disputes arising from non-competition, non-solicitation, and confidentiality agreements.

Practice Areas:

  • Formation of business entities and structure
  • Negotiation and preparation of business contracts
  • Preparation of employment, shareholder, partnership & operating agreements
  • Preparation of non-competition and confidentiality agreements
  • Complex commercial & contract civil litigation
  • Insurance coverage disputes
  • Real property transactions and related litigation
  • Health care law

Education:

  • Drake University Law School – Des Moines, Iowa, 1979
  • Grinnell College – Grinnell, Iowa, 1976

Bar Admissions:

  • Indiana Bar, 1979
  • District Court Northern District of Indiana, 1979
  • Illinois Bar, 1981
  •  District Court Northern District of Illinois-Trial Bar, 1981
  • Florida Bar, 1986
  • District Court Middle District of Florida, 1987
  • Court of Appeals 7th Circuit, 1987
  • Court of Appeals 11th Circuit, 1987
  • District Court Southern District Florida, 2012

Appointments:

  • Fifth District Court of Appeal Judicial Nominating Commission (2006-2009) [Chair 2008-2009]
  • Vice Chair 18th Circuit Florida Bar Grievance Committee [Recipient of Meritorious Public Service Recognition]

Professional:

  • Member – Drake Law Review 1978, 1979
  • Judicial Law Clerk – Honorable William C. Stuart, U.S. District Court, Southern District of Iowa [1977-78] [Student Clinic]
  • Master – American Inns of Court, Vassar B. Carlton American Inn of Court
  • Qualified Arbitrator, Fla. Rule 11.020
  • AV Peer Review Rating, Martindale-Hubbell

Publications:

  • Privileges – Iowa Recognizes a Qualified Testimonial Privilege for Newspersons in Civil Litigation, Winegard v. Oxberger, Iowa 1977; 28 Drake Law Review 167, 1979
  • From Inculcation to Action: A Continuum for Values Education, Values Concepts and Techniques, 95-102 (1976) (National Education Association)
  • AIC Florida Pretrial 2 §15, 16 and 22 (1997)

Representative Cases:

  • Martin v. Global Marketing Research Services, Inc., Case No. 6:14-cv-1290-Orl-31KRS, 2016 WL 4272166, (M.D. Fla. August 15, 2016)
  • Figueroa, M.D. v. Hynes, M.D., 200 So.3d 98 (Fla. 5th DCA 2015)
  • SunGroup Enterprises, Inc. v. DeWitte, 890 So.2d 410 (Fla. 5th DCA 2004)
  • Brevard County Fair Association v. Cocoa Expo, Inc., 832 So.2d 147 (Fla. 5th DCA 2002)
  • Lift-A-Loft Corp. v. Rodes-Roper-Love Insurance Agency, Inc., 975 F.2d 1305 (7th Cir 1992)
  • Williford v. Melbourne Commercial Development, Inc., 682 So.2d 1324 (Fla. 5th DCA 1996)
  • Wolfinger v. Sentinel Communications, Co., 538 So.3d 1276 (Fla. 5th DCA 1989)