Rodger L. Eckelberry

Partner

Columbus
T 614.462.5189  |  F 614.462.2616
Rodger Eckelberry is a civil defense attorney whose practice focuses on defending alleged class actions and complex litigation in state and federal courts throughout the country. Rodger draws on his extensive class action experience to resolve cases for his clients early and efficiently wherever possible. His understanding of the insurance industry, in particular, allows Rodger to quickly assist clients in finding the best, most cost effective way to resolve alleged class actions and other complex litigation. Rodger’s familiarity with the laws and regulations governing insurance has given him an understanding that allows him to educate clients on the best practices and approaches to not only succeed in litigation, but to avoid further litigation, as well.

Select Experience

  • Obtained judgment on the pleadings, prior to discovery, in $5M breach of agency contract action. Obtained affirmance from the Sixth Circuit without oral argument. CoMa Ins. Agency, Inc. v. Safeo Ins. Co., 526 Fed. Appx. 465 (6th Cir. 2013)
  • Obtained dismissal, prior to discovery, of an alleged nation-wide class action challenging the repair, rather than replacement, of shingle roofs. Plaintiffs argued that repairs were not permitted under the International Residential Code and that the entire face of a damaged roof slope had to be replaced. Eighth Circuit affirmed in a unanimous opinion. O’Neal v. State Farm Fire & Cas. Co., 630 F.3d 1075 (8th Cir. 2011)
  • As co-counsel, obtained reversal of class certification of claims challenging adjustment of hail damage claims. Kartman v. State Farm Mut. Auto. Ins. Co., 634 F.3d 883 (7th Cir. 2011)
  • Obtained favorable settlement on behalf of three brokerage firms in action by bankruptcy trustee asserting claims arising from failed Ponzi scheme. Zazzali v. Berthel Fischer & Co., et. al., Case no. 1:11-CV-00625 (2011), United States District Court for the District of Delaware
More »

Experience

  • Obtained judgment on the pleadings, prior to discovery, in $5M breach of agency contract action. Obtained affirmance from the Sixth Circuit without oral argument. CoMa Ins. Agency, Inc. v. Safeo Ins. Co., 526 Fed. Appx. 465 (6th Cir. 2013)
  • Obtained dismissal, prior to discovery, of an alleged nation-wide class action challenging the repair, rather than replacement, of shingle roofs. Plaintiffs argued that repairs were not permitted under the International Residential Code and that the entire face of a damaged roof slope had to be replaced. Eighth Circuit affirmed in a unanimous opinion. O’Neal v. State Farm Fire & Cas. Co., 630 F.3d 1075 (8th Cir. 2011)
  • As co-counsel, obtained reversal of class certification of claims challenging adjustment of hail damage claims. Kartman v. State Farm Mut. Auto. Ins. Co., 634 F.3d 883 (7th Cir. 2011)
  • Obtained favorable settlement on behalf of three brokerage firms in action by bankruptcy trustee asserting claims arising from failed Ponzi scheme. Zazzali v. Berthel Fischer & Co., et. al., Case no. 1:11-CV-00625 (2011), United States District Court for the District of Delaware
  • Developed and implemented a creative strategy to move a certified question of law quickly through the court system in an industry-wide, precedent-setting alleged insurance consumer class action. Decades-old precedent allowed the recovery by insureds of payment for the same medical expenses twice under different coverages. On behalf of a national insurer, obtained a unanimous decision from the Ohio Supreme Court reversing prior law, establishing an industry-wide change before any discovery or other cost to the client. State Farm Mut. Auto. Ins. Co. v. Grace, 123 Ohio St. 3d 471 (Ohio 2009)
  • Represented software company in theft of trade secrets/noncompetition claims and coordinated related action with international counsel in Sao Paolo, Brazil. Taccolini v. Indusoft, Ltd., Case No. Case No. 08CVH06 08367, Franklin County, Ohio (2008)
  • Obtained dismissal of alleged antitrust class action. Caudill v. Lancaster Bingo Co., 2005 U.S. Dist. LEXIS 24621 (S.D. Ohio 2005)

Recognitions

  • The Best Lawyers in America© (2014)
    Copyright 2013 by Woodward/White, Inc., of Aiken, SC
    • Columbus: Commercial Litigation
  • Ohio Super Lawyers "Rising Star" (2005 to 2007)

Memberships

  • American Bar Association
  • Ohio State Bar Association
  • Columbus Bar Association

Community

  • Veterans of Foreign Wars of the United States: Lifetime Member
  • American Legion: Lifetime Member
  • The Resurrecting Lives Foundation: Board Member

Services

Admissions

  • U.S. Court of Appeals, Sixth Circuit
  • U.S. Court of Appeals, Seventh Circuit
  • U.S. Court of Appeals, Eighth Circuit
  • U.S. Court of Appeals, Tenth Circuit
  • U.S. District Court, Southern District of Michigan
  • U.S. District Court, Northern District of Ohio
  • U.S. District Court, Southern District of Ohio
  • Ohio

Education

  • J.D., University of Cincinnati College of Law, 1999
  • B.S., State University of New York at Albany, 1995