Rodger L. Eckelberry

Partner

Columbus
T +1.614.462.5189
F +1.614.462.2616

Overview

Rodger Eckelberry is a civil litigator whose practice primarily focuses on defending alleged class actions in the insurance and consumer arenas in state and federal trial and appellate courts throughout the country. Having defended more than 70 alleged class actions, Rodger draws on his decades of experience to resolve cases for clients as quickly and efficiently as 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, as well as industry trends, enables him to educate clients on the best practices and approaches to not only succeed in litigation, but to also avoid further litigation.

At those times when clients decide to settle, Rodger has negotiated numerous state and national class actions upon very favorable terms, and saw them through successful, cost-effective administration.

Select Experience

  • Obtained summary judgment in alleged class action challenging auto insurer’s valuation methodology for total loss vehicle claims. Fortson v. Garrison Prop. & Cas. CO., 2022 U.S. Dist. LEXIS 15478 (M.D.N.C. Jan. 21, 2022).
  • Obtained summary judgment for commercial auto insurer in alleged “negligent underwriting” and assumed duty of care action arising from an accident involving the death of one person and severe injury of another by a taxi driver ineligible for a taxi license under state law. Affirmed Foster v. Integrity Mut. Ins. Co., 1999 F.3d 1103 (8th Cir. 2021)
  • Obtained summary judgment for property insurer in alleged class action challenging the insurer’s ACV only endorsement for roof damage claims caused by wind or hail. Richelson v. Liberty Ins. Corp., 796 Fed. Appx. 277 (6th Cir. 2020). 
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Experience

  • Obtained summary judgment in alleged class action challenging auto insurer’s valuation methodology for total loss vehicle claims. Fortson v. Garrison Prop. & Cas. CO., 2022 U.S. Dist. LEXIS 15478 (M.D.N.C. Jan. 21, 2022).
  • Obtained summary judgment for commercial auto insurer in alleged “negligent underwriting” and assumed duty of care action arising from an accident involving the death of one person and severe injury of another by a taxi driver ineligible for a taxi license under state law. Affirmed Foster v. Integrity Mut. Ins. Co., 1999 F.3d 1103 (8th Cir. 2021)
  • Obtained summary judgment for property insurer in alleged class action challenging the insurer’s ACV only endorsement for roof damage claims caused by wind or hail. Richelson v. Liberty Ins. Corp., 796 Fed. Appx. 277 (6th Cir. 2020). 
  • Negotiated favorable, claims-made settlement of class action challenging the depreciation on non-material items in determining actual cash value in adjusting property damage claims in Tennessee, Mississippi and Ohio (Holmes v. Liberty Mutual, M.D. Tenn. 2020, Carter v. Liberty Mutual, S.D. Ohio, 2021).
  • Obtained dismissal of an alleged class action alleging conspiracy to underinsure motorists, along with an award of attorneys’ fee for the client. Snyder v. Accord Corp., 811 Fed. Appx. 447 (10th Cir. 2020).
  • Obtained dismissal of alleged class action challenging the enforceability of exclusion of “negative equity” in GAP insurance. Arnold v. Liberty Mut. Ins. Co., 392 F.Supp.3d 747 (E.D. Ky. 2019).
  • Obtained summary judgment in alleged class action challenging insurers' payment of sales tax and fees to lienholder rather than insured. Betts v. USAA Gen. Indem. Co., 2020 Ark. App. 426
  • Obtained judgment on the pleadings, prior to discovery, in an alleged class action challenging an exhaustion requirement in auto insurance policies before underinsured motorist coverage is implicated. Obtained affirmance from the Seventh Circuit without oral argument. Livingston v. Trustguard Ins. Co., 2014 U.S. App. LEXIS 5614 (7th Cir. March 26, 2014).
  • Obtained judgment on the pleadings, prior to discovery, in a $5 million 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 nationwide class action challenging the repair, rather than replacement, of shingle roofs. The 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. The 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 a reversal of a class certification of claims challenging an adjustment of hail damage claims. Kartman v. State Farm Mut. Auto. Ins. Co., 634 F.3d 883 (7th Cir. 2011).
  • Developed and implemented a creative strategy to move a certified question of law quickly through the court system in an industrywide, precedent-setting, alleged insurance consumer class action. Decades-old precedent allowed insured persons to recover 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 industrywide 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).

Recognitions and Memberships

Recognitions

  • The Best Lawyers in America® (2014 to present)
    • Ohio: Commercial Litigation
  • Ohio Super Lawyers "Rising Star" (2005 to 2007)
  • Columbus CEO: Top Lawyers (2015)
  • Public Interest Law Foundation "Excellence in Public Service" Award, Private Sector (2019) 
  • Veterans of Foreign Wars, Department of Ohio 2022: James Romanis Founder’s Award for Distinguished Service to Veterans

Memberships

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

Community

  • Veterans of Foreign Wars of the United States: Lifetime Member
  • Combat Veterans Motorcycle Association: Lifetime Member

Industries

Military Service

  • United States Navy (1986 to 1995)
    • Gulf War Veteran
    • USS Acadia AD-42
    • USS Tattnall DDG-19
    • USS Nicholson DD-982
    • Naval Brig Philadelphia

Admissions

  • U.S. Court of Appeals, Third Circuit
  • U.S. Court of Appeals, Fifth Circuit
  • 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. Court of Appeals, Eleventh Circuit
  • U.S. District Court, District of Colorado
  • U.S. District Court, Central District of Illinois
  • U.S. District Court, Northern District of Illinois
  • U.S. District Court, District of Maryland
  • U.S. District Court, Eastern District of Michigan
  • U.S. District Court, District of New Mexico
  • U.S. District Court, Northern District of Ohio
  • U.S. District Court, Southern District of Ohio
  • U.S. District Court, Western District of Oklahoma
  • U.S. District Court, Western District of Wisconsin
  • U.S. Court of Appeals for Veterans Claims
  • Ohio

Education

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

Blog

In The Blogs

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Class Action Lawsuit Defense
BakerHostetler's 2023 Q1 Insurance Class Action Quarterly Report Released
By Mathew G. Drocton, Mark A. Johnson
May 9, 2023
BakerHostetler released its 2023 Q1 Insurance Class Action Quarterly Report, which summarizes a variety of insurance class action themes. Total loss class actions kept going around the country, and labor depreciation class actions...
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Class Action Lawsuit Defense
The Advisory Committee on Civil Rules Proposes a New Rule to Address Early Case Management in Multidistrict Litigation
By Kyle T. Cutts
March 30, 2023
On March 28, 2023, the Advisory Committee on Civil Rules (Committee) convened in West Palm Beach, Florida, to discuss a variety of proposed amendments to the Federal Rules of Civil Procedure, including a new rule that would provide...
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Class Action Lawsuit Defense
New Challenges to Incentive Awards for Class Representatives Invite Supreme Court Review
By Nicholas A. Cordova, Julie Singer Brady
March 28, 2023
Last week, the U.S. Court of Appeals for the Second Circuit issued a decision that highlights a growing disagreement among federal appellate courts as to whether class action settlements may include a cash incentive award to named...
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Class Action Lawsuit Defense
BakerHostetler Releases Insurance Class Action Quarterly Report – 2022 Q4
March 8, 2023
BakerHostetler released its Insurance Class Action Quarterly Report for 2022 Quarter 4, devolving trends in the insurance class action space from the past quarter. We witnessed further development of total loss, uninsured/underinsured...
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Class Action Lawsuit Defense
BakerHostetler Files Amicus Brief on Behalf of Ohio Chamber of Commerce
January 19, 2023
As predicted back in March 2022, class litigation related to Per- and polyfluoroalkyl substances (PFAS), a group of man-made chemicals that have been widely used in various industrial and consumer products, have skyrocketed over the last...
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