James A. Morsch

James A. Morsch
Primary Office
Experience

Insurance Litigation

  • Obtain summary judgment for an insurer in a case challenging the validity of a system used to value auto claims.
  • An insurer as a policyholder in a large E&O dispute in a case involving bad faith and failure to settle an underlying insurance claim stemming from an auto accident.
  • An insurance broker facing a restrictive covenant case brought by a rival. Defeated the case and, in the process, invalidated all of the rival company's agent contracts nationwide.
  • The primary carrier in a coverage dispute related to a certified class action alleging violations of the Telephone Consumer Protection Act.
  • Served as lead counsel in a case involving allegations of decades-long fraud on workers compensation residual markets by a leading insurer.

Class Action

  • A university in a class action between elite universities with respect to a common methodology of evaluating financial aid.
  • Defeated class certification in a case challenging an insurer’s total loss claims handling practices.
  • An insurer in defeating class certification in a lawsuit claiming reductions in health provider charges related to the state’s Personal Injury Protection law.
  • An insurer in a class action claiming Covid-19 related travel cancellations were covered by its policies. Prevailed on a motion to dismiss and on appeal.
  • A car rental provider in a class action alleging deceptive advertising and violations of the consumer fraud act.

     

Commercial Litigation

  • An executive in defeating an injunction barring a job at a new employer in the logistics industry.
  • A consumer products company in a commercial replevin action against a toll manufacturer where the court ordered the return of millions of dollars' worth of chemical ingredients.
  • An FDIC contractor in connection with a dispute over the shutdown of a failed financial institution.
  • A luxury goods manufacturer facing dealer termination litigation involving claims of breach of contract, tortious interference and conspiracy.
  • A distributor in a claim brought under the Texas Dealer's Act and a distribution agreement against a power equipment manufacturer.
  • A promoter in a RICO and consumer fraud case relating to a boxing match.
  • A contractor in civil and class action litigation involving indemnity obligations, violations of the environmental protection act and common law nuisance.
  • A lawyer falsely accused of violating the Illinois Trade Secrets Act. Obtained summary judgment and an order requiring the plaintiff to pay the client's attorney's fees and costs.

Antitrust

  • A pet food company in recovery of damages in an international price-fixing case.
  • An auto filters industry client accused of involvement in an antitrust conspiracy in the oil filters industry. The case was settled.
  • A market-maker in a case alleging antitrust conspiracy and securities violations in the options market.
  • Defeated antitrust claims brought by the distributor of industrial pumps against the manufacturer alleging a widespread antitrust conspiracy in connection with a new form of distribution agreement and other market activities. Helped the client not only defeat the litigation but obtain the distributor's signature on the new distribution contract.
  • Counseled a well-known hardware chain in antitrust compliance and training of its vendor relations staff.
  • Counseled a consumer products manufacturer in pricing and antitrust compliance issues.
  • Advised an industrial manufacturer on pricing and distributor termination issues.
  • A wholesale distributor in Robinson-Patman price discrimination claims.
  • Counseled an ecommerce marketplace on potential claims and methods of dealing with market power holder in auto industry.

     
Experience quote