Over the last 27 years, Jim McCabe has defended clients in the financial services industry in more than 100 different class actions and across 29 different states. He focuses his practice on complex civil litigation where he has particular experience handling issues involving consumer financial products as well as consumer reports. Mr. McCabe has defeated class certification many times. He has won critical motions to dismiss and summary judgment motions. Mr. McCabe has also represented employers in discrimination class action cases. For the past five years, Mr. McCabe has represented various LexisNexis and ChoicePoint entities in over forty individual actions and eleven putative consumer class actions arising from the Fair Credit Reporting Act. Mr. McCabe has represented clients throughout the U.S. in multiple state, federal, and appellate courts.
In a vigorously contested case, Mr. McCabe won summary judgment in a putative nationwide class action that challenged the issuance of multiple credit cards to subprime customers. As national coordinating counsel for the MBA, he assisted lender defendants in defeating class certification in more than 60 cases asserting claims under the RESPA that, if viable as class claims, exposed defendants to crippling liabilities.
Mr. McCabe was the founding chair of the firm's Financial Services Litigation Practice Group from 1998 to 2003, having become a partner at the firm in 1991. He first joined Morrison & Foerster in 1982, and until 1985 his practice focused on tax law and tax-related litigation. Between 1985 and 1986, Mr. McCabe was employed with a private real estate syndication company. Since 1986, Mr. McCabe has practiced at Morrison & Foerster exclusively in the area of litigation.
Mr. McCabe has served as a trial skills instructor for the National Institute for Trial Advocacy and for the Stanford University Advocacy Skills Workshop.