James A. Morsch

James A. Morsch
Primary Office
Experience

Insurance Litigation

  • Obtained 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 non-compete agreements 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 large real estate brokerage in litigation challenging industry commission practices.
  • 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.
  • 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

Jim was named the "Chicago, IL Lawyer of the Year for Antitrust Law" by Best Lawyers for 2023.