J. Stephen Simms | Principal
Complex Civil and Bankruptcy Litigation
Mr. Simms has successfully defended a range of complex business and insurance coverage disputes , including a $4 million lender and directors’ and officers’ liability civil racketeering claim, $5 million suit alleging civil racketeering and legal malpractice after a financial institution collapsed, and defense of the former Chief Financial Officer of Maryland’s largest health insurer in a $50 million action brought by that insurer’s subscribers. He continues to be involved in defense and prosecution of antitrust disputes involving alleged price fixing and market allocation, and patent abuse.
Closely related is Mr. Simms’ work with complex national and international bankruptcy litigation. Mr. Simms has represented clients in each major, recent United States maritime bankruptcy; including the world-wide bankruptcies of prominent international steamship lines and marine fuel suppliers.. He has also participated in major international bankruptcies involving Canadian, United Kingdom, Dutch, Venezuelan, Singapore and Brazilian bankruptcy proceedings. His reported opinions in bankruptcy include the first to determine the legal standard for post-petition “use and benefit” of marine containers under 11 U.S.C. §365(d)(10) and the first determining who is an “officer” under 11 U.S.C. §101(31) for the purpose of recovering preferences under the U.S. bankruptcy laws.
Casualty Defense
He has successfully defended a range of corporations and individuals in connection with personal injury, cargo, and property damage, including one of the tug owners involved in a multi-vessel collision on the Chesapeake and Delaware Canal and the defense of wrongful death and injury suits brought against a marine surveyor alleging failures to detect defects in a charter fishing boat that capsized in the Chesapeake Bay.
Vessel Arrest
Mr. Simms’ maritime practice also emphasizes the arrest of vessels world- wide and has recovered over U.S. $25 million for clients as the result of ship arrest and maritime attachment proceedings in India, Chile, Japan, at the Panama Canal, the Canary Islands, Guam, New Zealand, Israel, Houston, New Orleans, Savannah, Ft. Lauderdale, Jacksonville, Baltimore, New Jersey, and New Haven.
Civil False Claims Act
(“Qui Tam”) Litigation
Mr. Simms is recognized as one of the nation’s leading lawyers working in the area of civil False Claims Act litigation. Simms Showers currently represents whistle blower clients in a significant number of ongoing False Claims Act and related cases, alleging health care, defense contracting and education loan fraud.