education

University of Virginia School of Law (J.D., 1987)
University of Kentucky (B.A., 1984), with high honors

related practices

related industries

Energy Industry

bar admissions

Florida

court admissions

Florida State Courts
U.S. District Court, Middle District of Florida
U.S. District Court, Northern District of Florida
U.S. District Court, Southern District of Florida
U.S. Court of Appeals, Eleventh Circuit
United States Supreme Court
U.S. Court of Appeals, Fifth Circuit

James Michael Walls

Shareholder

Tampa

T: 813.229.4257

F: 813.229.4133

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Michael Walls' practice includes representing public electric utilities in litigation in both state and federal courts and in regulatory proceedings before the Florida Public Service Commission. Mr. Walls' practice also includes class actions and related substantive litigation matters in both state and federal courts.

Mr. Walls has been listed in The Best Lawyers in America (Energy Law).

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Representative Matters
Class Actions:
- Defense of class action privacy claims under the Driver’s Privacy Protection Act in federal court in Florida and Texas against a commercial data company that were settled in a nation-wide class action settlement. The nation-wide class action settlement involved injunctive relief only in the form of the implementation of industry best-practices with publication notice to the class and, following briefing and a fairness hearing, was approved by the district court.
- Defense of class action privacy claims under the Driver’s Privacy Protection Act against a check services company in federal court in Texas that were dismissed with prejudice.
- Defense of class action privacy claims under the Driver’s Privacy Protection Act against a commercial data company in federal court in Missouri that were dismissed.
- Defense of a consumer class action filed against a marketing company for violation of the Florida deceptive and unfair trade practices act that was dismissed with prejudice and ultimately settled favorably after an appeal was taken from the dismissal.
- Defense of a consumer class action against an electric utility company for customer billing issues that was dismissed.
- Defense of an individual officer in a securities fraud class action in federal court in Illinois that was settled on favorable terms following briefing on motions to dismiss and mediation.
- Defense of class action warranty claims arising from allegedly defective PVC piping against a chemical manufacturer in federal court in Florida that were voluntarily dismissed following discovery and briefing on summary judgment and class certification.
- Defense of class action warranty claims against an automobile manufacturer in state court in Florida that was settled on favorable terms.
- Defense of consumer class actions against a communications company that were dismissed as a result of a bar in a prior class action settlement.
- Defense of class action securities fraud claims against a national bank in federal court in Florida that were settled as individual claims after favorable rulings on class certification and summary judgment.
Energy Litigation (Courts and Arbitrations):
- Defense of electric utility company in state court proceedings in Florida regarding franchise disputes with municipalities that were settled.
- Representation of an electric utility company in a three-week arbitration to determine the value of the company’s distribution system pursuant to a purchase option in the company’s franchise agreement with the municipality resulting in an award for the electric utility company in excess of $30 million.
- Representation of an electric utility company in a two-week arbitration to determine the value of the company’s distribution system pursuant to a purchase option in the company’s franchise agreement with the municipality resulting in an award for the electric utility company in excess of $20 million.
- Representation of an electric utility company in a one-week arbitration to determine the value of the company’s distribution system pursuant to a purchase option in the company’s franchise agreement with the municipality resulting in an award for the electric utility company in excess of $8 million.
- Defense of local county government against claims for breach of contract under a management agreement for a waste-to-energy facility in federal court in Florida that was settled on favorable terms after summary judgment briefing.
- Representation of trustee on bond indenture with respect to contractual and operational disputes between a local county government and the operator of a waste-to-energy facility.
- Defense of electric utility company on claim of breach of gas contract in Florida state court.
- Defense of electric utility company against breach of contract claims for purchased power from cogeneration facilities in Florida state courts that were settled.
Energy Litigation (Administrative):
- Represented an electric utility company in two-week base rate evidentiary proceeding for $500 million increase in base rates.
- Represented an electric utility company in petitions for limited base rate relief and deferrals of expenses that resulted in base rate relief following hearing.
- Represent an electric utility company in annual hearings to determine the prudency of costs incurred in the development of nuclear power plants and in a project to uprate the power production at an existing nuclear power plant.
- Represented an electric utility company in proceeding to determine the need for two nuclear power plants that was approved following a week-long evidentiary hearing.
- Represented an electric utility company in proceeding to determine the need for a project to uprate the power production in an existing nuclear power plant that was approved.
- Defended an electric utility in a week-long evidentiary hearing to review the prudence of costs incurred by the utility for coal for a ten-year period that resulted in the rejection of the petition for refund of $143 million.
- Represented an electric utility in need determination proceedings for the construction of natural gas-fired, combined cycle generation units that resulted in approval of the need for the units.
- Represented an electric utility in proceedings to increase base rates that were settled on favorable terms by the utility.
Business Litigation:
- Represented a commercial gas supplier in contractual dispute involving alleged breach of warranties that was settled at mediation.
- Defended product liability claim against tile machine manufacturer that was settled at mediation.
- Defended chemical manufacturer in sick building claims by owner of building and individual employees in the building in several state court proceedings that were settled at mediation.
- Defense of chemical manufacturer against claims brought by strawberry farmers for product defect and breach of warranty that were settled.
Representative Cases:
- Panda Energy International v. Jacobs, 813 So. 2d 46 (Fla. 2002) (affirming on appeal the determination of need for a combined cycle generation plant granted by the Florida Public Service Commission).
- Tampa Electric Co. v. Garcia, 767 So. 2d 428 (Fla. 2000) (reversing Florida Public Service Commission determination of need for a merchant power plant on grounds the Commission exceeded statutory authority).
- Florida Power Corporation v. Town of Belleair, 830 So. 2d. 852 (Fla. 2d DCA 2002) (affirming partial summary judgment and reversing mandatory injunction for Town against utility on grounds the court cannot extend the terms of a franchise agreement after its expiration), reversed by Town of Belleair v. Florida Power Corporation, 897 So. 2d 1261 (Fla. 2005).
- In re: Progress Energy Florida, Inc., Order No. PSC-08-0518-FOF-EI, Docket No. 080148-EI, 2008 WL 3918006 (Fla. P.S.C. Aug. 12, 2008) (granting petition for determination of need for proposed nuclear power plants).
- In re: Progress Energy Florida, Inc., Order No. PSC-07-0816-FOF-EI, Docket No. 060658-EI, 200 P.U.R. 4th 306, 2007 WL 2980912 (Fla. P.S.C. Oct. 10, 2007) (rejecting petition to require utility to refund customers $143 million for imprudent coal purchases, limiting refund to $12 million dollars).
- In re: Progress Energy Florida, Inc., Order No. PSC-07-0119-FOF-EI, Docket No. 060642-EI, 255 P.U.R. 4th 422, 2007 WL 517088 (Fla. P.S.C. Feb. 8, 2007) (granting utility petition for determination of need for proposed expansion of nuclear power plant).
- In re: Progress Energy Florida, Inc., Order No. PSC-05-0748-FOF-EI, Docket No. 041272-EI, 242 P.U.R. 4th 260, 2005 WL 1708339 (Fla. P.S.C. July 14, 2005) (order authorizing utility to implement surcharge to recover over $230 million in extraordinary expenditures related to post-hurricane repair and restoration activities).

Publications

05.01.2005	Co-Author, “Revisiting Garner and the ‘Fiduciary’ Exception to the Attorney-Client Privilege in Shareholder Litigation,” Corporate Counsel Newsletter, Vol. 19, No. 2 (Winter 2005).
06.01.1994	“Avoiding the Tower of Babel,” Federal Publications (1994).

Professional Recognition
- AV Rated by Martindale-Hubbell
- Listed in The Best Lawyers in America 2008-2012 editions (Energy Law)
Professional and Civic Activities
- American Bar Association
  Section of Public Utility, Communications, and Transportation Law
- American Bar Association
  Section of Litigation, Energy Litigation Committee
- The Florida Bar
- Hillsborough County Bar Association
- Ferguson White American Inn of Court (2004-present), Masters Status (2008)
- First Christian Church, Disciples of Christ
  Elder (1994-1997, 1999-2001, 2004-2005)
  Chair of Elders (1999, 2000)
  Board Member (1993-1997, 2001-2003)