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Rodger L. Eckelberry

Partner

Columbus
T +1.614.462.5189
F +1.614.462.2616
reckelberry@bakerlaw.com
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Overview

Rodger Eckelberry is a civil defense attorney whose practice focuses on defending alleged insurance, healthcare and other 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 quickly and efficiently whenever 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 allows him to educate clients on the best practices and approaches to not only succeed in litigation but to also avoid further litigation.

Select Experience

  • Obtained dismissal of five out of seven claims of alleged procedure over-coding by hospital physicians and settled the remaining two claims on very favorable terms in a qui tam action. Lovett v. Holzer Clinic Inc., Case No. 2:08-CV-312, U.S. District Court for the Southern District of Ohio (2015).
  • 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).
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Experience

  • Obtained dismissal of five out of seven claims of alleged procedure over-coding by hospital physicians and settled the remaining two claims on very favorable terms in a qui tam action. Lovett v. Holzer Clinic Inc., Case No. 2:08-CV-312, U.S. District Court for the Southern District of Ohio (2015).
  • 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 of an alleged class action challenging medical reimbursement rates based on the use of prevailing price formula software. Mitchell v. American Standard Ins. Co., Summit County, Ohio, Court of Common Pleas, Case No. 2012-09-5125 (2012).
  • 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).
  • Obtained a favorable settlement of claims for retiree health care benefits under the Employee Retirement Income Security Act of 1974 brought by members of two unions against their former employer. Prater v. OEA, Case No. 2:04-CV-1077, U.S. District Court for the Southern District of Ohio.
  • 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) 

Memberships

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

News

News

Community

  • Veterans of Foreign Wars of the United States: Lifetime Member
  • American Legion: Lifetime Member

Services

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, 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, Southern District of Ohio
  • U.S. District Court, Northern District of Ohio
  • U.S. District Court, Eastern District of Michigan
  • U.S. District Court, Northern District of Illinois
  • U.S. District Court, Western District of Wisconsin
  • U.S. District Court, Western District of Oklahoma
  • 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 Releases Insurance Class Action Update
By Mark A. Johnson
May 19, 2022
The Class Action Defense team released its Insurance Quarterly Report covering the fourth quarter of 2021 and the first quarter of 2022. Included in the report are updates and analyses about property and casualty class action lawsuits...
Read More ->
Class Action Lawsuit Defense
The U.S. Supreme Court Agrees to Hear Case Regarding Whether State Business Registration Requirements Can Create General Personal Jurisdiction
By Ali I. Haque
May 3, 2022
The U.S. Supreme Court has agreed to consider whether the Due Process Clause of the Fourteenth Amendment prohibits a state from requiring a corporation to consent to personal jurisdiction as a condition to doing business in the state...
Read More ->
Class Action Lawsuit Defense
Concrete and Particularized Part II: What Spokeo May Mean for Class Actions
May 20, 2016
This blog post is the second in a series of posts that Baker & Hostetler LLP is devoting to the significant decision Robins v. Spokeo, No. 13-1339, 537 U.S. ___ (2016) (Spokeo). Monday’s post focused on Spokeo’s effect on privacy class...
Read More ->
Class Action Lawsuit Defense
Supreme Court Holds That Plaintiffs Must Allege Concrete and Particularized Injury To Have Standing To Assert FCRA Claim
May 16, 2016
Today, the U.S. Supreme Court decided Robins v. Spokeo, Inc., which addressed the question of whether a plaintiff has satisfied Article III’s injury-in-fact standing requirement by alleging a statutory violation but no concrete injury. Our...
Read More ->
Class Action Lawsuit Defense
CFPB Announces Proposed Ban to Mandatory Class Action Waivers in Arbitration Agreements
May 12, 2016
Our Financial Services Blog recently posted about the Consumer Financial Protection Bureau’s (CFPB) Notice of Proposed Rulemaking on a proposed rule to prohibit covered institutions from including, in most core consumer contracts...
Read More ->

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