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Am Law 100 firm with practices in Business, Digital Assets and Data Management, Intellectual Property, Labor & Employment, Litigation and Tax.

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Data Counsel

DSIR: Deeper Dive into the Data

US Financial Regulators Chart New Path Forward for the Crypto Industry

IP Intelligence Report

Gatekeeping Reasserted: The Federal Circuit’s En Banc Ruling in EcoFactor v. Google

Stephen Ruscus Presents at Pharmaceutical Pricing Boot Camp

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.

core/freeform

J.D., University of Cincinnati College of Law, 1999

B.S., State University of New York at Albany, 1995

<ul>
<li>The Best Lawyers in America®
<ul>
<li>Ohio: Commercial Litigation (2014 to 2025)</li>
</ul>
</li>
<li>Ohio Super Lawyers &#8220;Rising Star&#8221; (2005 to 2007)</li>
<li>Columbus CEO: Top Lawyers (2015)</li>
<li>Public Interest Law Foundation &#8220;Excellence in Public Service&#8221; Award, Private Sector (2019)</li>
<li>Veterans of Foreign Wars, Department of Ohio 2022: James Romanis Founder’s Award for Distinguished Service to Veterans</li>
</ul>

Columbus

Hundreds of BakerHostetler Attorneys Honored as 2023 Best Lawyers, Ones to Watch and Lawyers of the Year

191 BakerHostetler Attorneys Named in 2022 “Best Lawyers” List; 10 Recognized as “Lawyer of the Year”

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Class Action Defense – Insurance

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<ul>
<li>Obtained summary judgment in alleged class action challenging auto insurer’s valuation methodology for total loss vehicle claims. Fortson v. Garrison Prop. &amp; Cas. CO., 2022 U.S. Dist. LEXIS 15478 (M.D.N.C. Jan. 21, 2022)</li>
<li>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)</li>
<li>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)</li>
<li>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)</li>
<li>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)</li>
<li>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)</li>
<li>Obtained summary judgment in alleged class action challenging insurers&#8217; payment of sales tax and fees to lienholder rather than insured. Betts v. USAA Gen. Indem. Co., 2020 Ark. App. 426</li>
<li>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)</li>
<li>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)</li>
<li>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 &amp; Cas. Co., 630 F.3d 1075 (8th Cir. 2011)</li>
<li>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)</li>
<li>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)</li>
</ul>

Rodger L. Eckelberry

Rodger L. Eckelberry

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