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Recent Publications:

Supreme Court To Weigh In On American Needle v. NFL
February 2010

U.S. Supreme Court: Conflict of Interest is a Factor to be Considered in Reviewing ERISA Plan Administrator's Denial of Benefits
December 2008

Ohio Supreme Court Modifies Test for Piercing the Corporate Veil
October 2008

Pilot Program Aims to Create Specialized Commercial Dockets in Select Ohio Common Pleas Courts
June 2008

Supreme Court Greatly Expands Scope of Recovery Under ERISA; Holds An Individual May Bring Suit Against Plan Administrator For Mismanagement of Participant’s Retirement Account
June 2008

   Attorneys
 
James P. Schuck

 
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Office:   Columbus
Phone:   614.227.8839
Fax:   614.227.2390
Email:   jschuck@bricker.com

Practice/Industry Groups:
Litigation
Appellate
Insurance
Professional Services

Jim Schuck is a member of the Bricker & Eckler LLP litigation and ERISA litigation practice groups. Prior to joining Bricker, Jim served as a judicial law clerk for the Honorable George C. Smith of the United States District Court, Southern District of Ohio. During law school, Jim clerked in the Bank One legal department and interned in the legal department of the Ohio Governor's Office.

Representative Experience

ERISA Experience

  • Representation of large hospital against plan, employer, and third-party administrator in pursuing benefits for patient treatment, Nationwide Children’s Hospital, et al. v. D.W. Dickey & Son, Inc., et al., 2010 U.S. Dist. LEXIS 3316 (S.D. Ohio., Jan. 15, 2010)

  • Successful defense of large self-insured plan in claim for benefits, Nguyen v. Nationwide Ins. Cos. And Affiliates Employee Health Care Plan, 122 Fed. Appx. 262, 2005 U.S. App. LEXIS 3265 (6th Cir. 2005)

  • Representation of self-insured plan in claim for benefits, Pubal v. Genesis Health Care Systems Medical Benefits Plan, S.D. Ohio 2:07-CV-79

  • Defense of suit by multi-employer plan seeking recovery of delinquent contributions, Board of Trustees of the Ohio Laborers Fringe Benefit Programs v. Brick Solutions, Inc., S.D. Ohio Case No. 2:07-CV-821

  • Obtained dismissal of complaint alleging plan’s wrongful recoupment of benefits from subsequent award of social security disability benefits, DeFrancesco v. Nationwide Mutual Ins. Co., 2006 U.S. Dist. LEXIS 17856 (D. Conn., Apr. 7, 2006)

  • Representation of manufacturer in suit for withdrawal liability, Sheet Metal Workers Local 98 Pension Fund et al v. Accurate Fabrication Inc, et al., S.D. Ohio Case No. 2:06-CV-70

  • Representation of self-insured plan in claim for disability benefits, LaMonte v. Nationwide Insurance Companies & Affiliates Employee Health Care Plan, E.D. Pa. Case No. 2:04-CV-2293

  • Successfully obtained judgment on claim for dental benefits, Reckers v. Dental Care Plus, S.D. Ohio Case No. 1:04-CV-554

  • Representation of life insurer in claim for accident death benefits, Selby v. Nationwide Life Insurance Company, S.D. Ohio Case No. 2:04-CV-252

  • Obtained dismissal of claim for benefits against third-party administrator, Gunn v. AT&T, W.D. Ark. Case No. 6:02-CV-6047

  • Representation of self-insured plan in claim for disability benefits, Morrison v. Steiman, et al., S.D. Ohio Case No. 2:01-CV-1143

Business Litigation Experience

  • Successful defense of action for indemnification and subrogation by excess insurer against primary insurer, Horace Mann Insurance Company v. Nationwide Mutual Insurance Company, 2008 U.S. Dist. LEXIS 58038 (D. Conn., Jul. 31, 2008), aff’d, 337 Fed. Appx. 13, 2009 U.S. App. LEXIS 15192 (2nd Cir. 2009)

  • Obtained summary judgment on behalf of Canadian manufacturer in alleged breach of requirements agreement, American Pan Co. v. Lockwood Manufacturing, Inc., 2008 U.S. Dist. LEXIS 11506 (S.D. Ohio, Feb. 15, 2008)

  • Successful prosecution of claims to recover purchased receivables on behalf of receivables finance company, with affirmed on appeal, Merchants Advance, L.L.C. v. Boukzam, et al., 2008 Ohio 4860, 2008 Ohio App. LEXIS 4070 (Sept. 25, 2008)

  • Successfully defended small business against RICO and civil conspiracy action asserted by national paper manufacturing company

  • Successfully defended mill operator in $1 million premises liability claim

  • Successfully defended animal nutritionist in $4.5 million professional negligence claim

  • Successfully defended school district in appellate proceeding challenging decision to bar student athlete from participation in athletics

  • Member of Bush-Cheney '04 Ohio litigation team

Community and Professional Activities

  • Member, Federal, Ohio, State and Columbus Bar Associations

  • Member, OSBA Jury Instructions Committee

  • Past Member, Franklin County Republican Central Committee

  • Member, Delaware County Republican Central Committee

  • Treasurer, Saliba for Ohio Committee

  • Treasurer, Gormley for Judge Committee

  • Treasurer, Committee for David A. Yost

  • Treasurer, Friends of Nelson Katz Committee

  • Ohio State Bar Association, Jury Instructions Subcommittee

  • Columbus Bar Association, Barrister Leader Program, Past Participant

  • Columbus Bar Association, Bar Admissions Committee

  • Franklin Inn of Court

  • Member, New Life Church

  • Former President and Member of Board of Trustees, Highland Lakes Homeowners Association

  • Admitted, United States Supreme Court, Sixth Circuit Court of Appeals; United States District Courts for the Northern and Southern Districts of Ohio

Awards and Recognitions

  • Ohio Rising Star 2010, Ohio Super Lawyers

Education

  • Capital University Law School (J.D., magna cum laude, 2000); Order of the Curia; Board of Editors, Capital University Law Review (1999-2000)

  • Bowling Green State University (B.A., 1997)

 

 

 

 

 

 

 

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