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Rodger Eckelberry has a broad base of litigation experience in both trial and appellate practice. Focusing primarily on class action defense and complex litigation, he has represented clients in class action and other commercial disputes in both state and federal trial and appellate courts in Ohio and across the nation. In his class action practice Rodger has successfully defeated class certification, limited onerous discovery requests and utilized creative settlements to limit client exposure. Among the types of class matters Rodger has handled are issues involving auto insurance coverages and claims procedures, consumer claims, workers’ compensation premiums, retiree healthcare benefits and local and state tax matters.

In addition to his class action experience, Rodger has handled cases involving cutting-edge claims asserted by the Commodities Future Trading Commission and investigations by various federal and state regulatory agencies.

Rodger’s representation of clients extends beyond the courtroom. He has provided emergency response assistance to an international client involved in a mass tort incident, assisting with preservation of evidence, obtaining witness statements and dealing with media and governmental agency personnel investigating the incident. He has settled numerous disputes prior to commencement of litigation.

Rodger joined BakerHostetler after serving nine years in the U.S. Navy, during the last three of which he was the Administration Department Head for the U.S. Military Prison at Philadelphia, Pennsylvania. He is a member of the American, Ohio State and Columbus Bar Associations, and a lifetime member of the Veterans of Foreign Wars of the United States and the American Legion. Rodger also serves on the Board of The Resurrecting Lives Foundation.

Selected Matters

• State Farm Mut. Auto. Ins. Co. v. Grace, 123 Ohio St. 3d 471 (Ohio 2009)—Prosecute certified question of law from the United States District Court for the Northern District of Ohio in alleged insurance consumer class action. Obtained reversal of long-standing precedent permitting the recovery by insureds of payment for the same medical expenses twice under different coverages. 
• O’Neal v. State Farm Fire & Cas. Co., 630 F.3d 1075 (8th Cir. 2011)—Obtained affirmance of order dismissing alleged class action claims challenging the repair rather than replacement of shingle roofs. 
• Kartman v. State Farm Mut. Auto. Ins. Co., 634 F.3d 883 (7th Cir. 2011)—Obtained reversal of class certification of claims challenging adjustment of hail damage claims. (second chair) 
• CoMa Ins. Agency, Inc. v. Safeo Ins. Co., et al., Case No. 1:11 CV 1473, United States District Court for the Northern District of Ohio (Aug. 31, 2012)—Obtained judgment on the pleadings in alleged breach of contract action by insurance agency against twelve insurance company defendants. Appeal pending. 
• Zazzali v. Berthel Fischer & Co., et. al., Case no. 1:11-CV-00625 (2011), United States District Court for the District of Delaware—Obtained favorable settlement on behalf of three brokerage firms in action by bankruptcy trustee asserting claims arising from failed Ponzi scheme. 
• Taccolini v. Indusoft, Ltd., Case No. Case No. 08CVH06 08367, Franklin County, Ohio (2008)—Represented software company in theft of trade secrets/noncompetition claims and coordinated related action with international counsel in Sao Paolo, Brazil. 
• Prater v. Ohio Educ. Ass’n, 505 F.3d 437 (6th Cir. 2007)—Defended union employer against ERISA retiree health benefits alleged class action. 
• Caudill v. Lancaster Bingo Co., 2005 U.S. Dist. LEXIS 24621 (S.D. Ohio 2005)—Obtained dismissal of alleged antitrust class action. 
• CFTC v. Delay, 2006 U.S. Dist. LEXIS 85068 (D. Neb. 2006)—Defended commodities broker against civil action by Commodities Futures Trading Commission alleging market manipulation and fraud. Obtained defense verdict after three-week bench trial. (2nd Chair)
• LaGorce v. Riley & Scott Autosport, Inc., American Arbitration Association arbitration, Indianapolis, Indiana (2001)—Defended Cadillac Northstar LMP race team management company against breach of contract action by French race car driver.
• Tomlin v. IHS Carriage by the Lake, Case No. 2000-CV-5892, Montgomery County, Ohio, Court of Common Pleas—Lead onsite crisis management and investigation into industrial gas accident resulting in numerous injuries, including four deaths.

Publications and Presentations

• “Bad for Business—Ohio’s Statute of Limitations for Written Contracts,” Columbus Bar Lawyer’s Quarterly, co-author with Mark A. Johnson (Winter 2011)
• “Small Businesses Socked Hardest By Employee Theft,” Columbus Business Journal (August 26, 2005)
• “Initial Interview of the Commercial Plaintiff” Litigation Basics Course Book, Ohio State Bar Association, co-author with Jeffrey T. Williams (1999)
• “Judicial Notice,” Ohio State Bar Association Continuing Legal Education Seminar, Columbus, Ohio (December 2008)
• “From Cognovit to Complex—Proving Damages at Trial,” Ohio State Bar Association Continuing Legal Education Seminar, Columbus, Ohio (December 2007)