James R. Peluso

James R. Peluso litigates personal injury and commercial disputes in state and federal court and manages the firm’s complex litigation and class action practice. Jim is a trial lawyer who represents clients in a wide variety of catastrophic personal injury and wrongful death claims, including negligence, auto crashes, construction accidents, defective products and injuries to children. He also represents and advises business and municipal clients as general and special litigation counsel, including corporate counseling, partnership disputes, business torts, fraud, and insurance litigation. Jim has extensive experience in handling complex multi-party litigation and is known for his creative and practical approach to solving complicated legal issues.

Mr. Peluso graduated magna cum laude from Siena College, earning a Bachelor’s in Business Administration (Accounting). Jim received his Juris Doctorate from Albany Law School, where he served as Executive President of the Student Bar Association and Executive Editor for Symposium of the Albany Law Review. He has been practicing law with the firm for over 20 years.

Jim is a passionate advocate for his clients. He appreciates how an injury caused by someone else’s negligence can change your life forever. Jim works tirelessly to get his clients justice and has successfully prosecuted numerous multi-million dollar claims. Some notable recoveries include over $13 Million for claims involving toxic environmental pollution of public drinking water supplies; and over $11 Million in class actions certifying personal injury claims on behalf of individuals injured by food poisoning and waterborne illness outbreaks.

Jim is a life-long resident of the Capital Region. He lives in the Town of New Scotland with his wife Jamie and their two children. He is an avid sportsman and enjoys spending time with his family and friends in the Adirondacks.

Areas of Practice

• Class Actions
• Mass Torts
• Personal Injury
• Defective Products
• Consumer Fraud
• Environmental Law
• Business Counseling
• Commercial Litigation
• Insurance Coverage
• Municipal Law

Bar Admissions

• New York, 2001
• Massachusetts, 2017
• U.S. Supreme Court, 2008
• U.S. Court of Appeals 2nd Circuit, 2006
• U.S. District Court Northern District of New York, 2001
• U.S. District Court Southern District of New York, 2005
• U.S. District Court District of Vermont, 2015

Education

Albany Law School Union University, Albany, New York

• J.D. – 2000
• Honors: Executive President of the Student Bar Association
• Law Review: Executive Editor for Symposium

Siena College, Loudonville, New York

• B.B.A. magna cum laude – 1997
• Major: Accounting

Honors and Awards

• AV Preeminent^® rating, Martindale-Hubbell 
• The National Trial Lawyers Top 100
• Super Lawyers, 2019-2023
• Super Lawyers, Rising Stars, 2013 – 2015

Representative Cases

• Twin Bridges Waste and Recycling LLC v County Waste and Recycling Service, Inc., 2021 WL 4192606 (N.D.N.Y. 2021) (denying motion to dismiss antitrust claims under the Sherman Act for attempted monopoly based on competitor’s alleged predatory pricing and anticompetitive conduct)
• Wallace v Health Quest Systems, Inc., 2021 WL 1109727 (S.D.N.Y. 2021) (denying motion to dismiss class action data breach claims against hospital and physician medical practice group)
• Ford v Rensselaer Polytechnic Institute, 507 F.Supp.3d 406 (N.D.N.Y. 2020) (denying motion to dismiss class action complaint seeking refund of college tuition and fees in the wake of COVID-19)
• Cathy Young for Senate v. New York State Senate Republican Campaign Committee, 67 Misc.3d 1229(A), 128 N.Y.S.3d 155 (Sup. Ct. 2020) (granting summary judgment on recovery of loan to election campaign committee)
• Bellotti v. Smiley Brothers, Inc., 2014 WL 10962079 (Sup. Ct. 2015) (certifying class action on behalf of hundreds of persons who suffered gastrointestinal illness from norovirus outbreak at resort hotel)
• Kosowsky v. Willard Mountain, Inc., 2015 WL 9582042 (Sup. Ct. 2015) (granting landlord summary judgment on fraud and breach of contract claims against ski resort tenant)
• Town of Halfmoon v. General Electric Company, 105 F.Supp.3d 202 (N.D.N.Y. 2015) (denying summary judgment seeking dismissal of CERCLA and New York Navigation Law claims for PCB contamination of public water supplies)
• Springer v. State, 2013 WL 11235875 (N.Y. Ct. Cl. 2013) (denying summary judgment seeking dismissal of class action claims involving 2,500 persons who suffered illness from cryptosporidium outbreak after visiting water park or from secondary exposure)
• Kosowsky v. Willard Mountain., Inc., 90 A.D.3d 1127, 934 N.Y.S.2d 545 (3d Dep’t 2011) (denying motion to dismiss complaint alleging fraud and breach of contract claims under commercial lease agreement)
• Village of Stillwater v. General Electric Company, 2010 WL 4025601; 2010 U.S. Dist. LEXIS 109028 (N.D.N.Y. 2010) (denying motion for reverse bifurcation of federal and state environmental claims alleging PCB contamination of public water supplies)
• Morrissey v. Nextel Partners, Inc., 72 A.D.3d 209, 895 N.Y.S.2d 580 (3d Dep’t 2010) (reversing dismissal of class action complaint and certifying consumer class action alleging deceptive and unfair cell phone billing practices).
• Elsey v. Clark Trading Corp., 57 A.D.3d 1330, 871 N.Y.S.2d 439 (3d Dep’t 2008) (reversing summary judgment and reinstating claims against supermarket and snowplow contractor for dangerous ice condition)
• NXIVM Corporation v. O’Hara, 241 F.R.D. 109 (N.D.N.Y. 2007) (compelling the production of alleged attorney-client protected documents under the crime-fraud exception and holding that documents disclosed to public relations firm waived attorney-client and work product privilege)
• Arroyo v. State, 12 Misc.3d 1197(A), 824 N.Y.S.2d 767 (Ct. Cl. 2006) (certifying a class action on behalf of 2,500 persons infected by cryptosporidium outbreak at a water park)

Classes/Seminars

• Speaker, New York State Trial Lawyers Association Decisions, Labor Law

Professional Associations and Memberships

• New York State Bar Association, Member
• Northern District of New York Federal Bar Association, Member
• New York State Trial Lawyers Association, Member
• New York State Academy of Trial Lawyers, Member
• Albany County Bar Association, Member
• Italian-American Bar Association, Member