Mr. Scheuermann’s practice is concentrated in litigation and counseling on insurance coverage and antitrust matters. His insurance coverage experience includes litigating, counseling on, and negotiating complex insurance coverage cases involving toxic torts, environmental claims, property damage claims, employment-related claims, lending discrimination claims, advertising injury claims, and employers’ liability claims. Mr. Scheuermann was the lead counsel for the policyholder in an employment coverage action filed by a large New York financial institution against 30 of its historical liability insurers. That action produced, among other significant legal rulings, the first decision in an insurance coverage case in which the court applied section 187 of the Restatement (Second) of Conflicts of Laws and held that the law governing the policies of the lead insurer was to be determined by that insurer’s prior course of dealings with the insured.
His antitrust experience includes the defense of a supplier to the electric utility industry against attempted monopolization and Lanham Act claims; the defense of an auto glass manufacturer against monopolization claims; the prosecution of attempted monopolization claims against a telecommunications manufacturer; the defense of an electric utility against monopolization claims asserted by an independent power producer; the defense of an electric utility against a challenge to a merger and conspiracy claims; the defense of a class action suit claiming conspiracy in restraint of trade, monopolization, price discrimination, and RICO violations in the beer industry; and counseling clients in the healthcare, transportation, steel, and heating and cooling industries. Mr. Scheuermann was responsible for the briefing and oral argument for the lead defendant before the United States Court of Appeals for the Third Circuit in City of Pittsburgh v. West Penn Power Co., et al., 147 F.3d 256 (1998), the seminal decision applying the antitrust injury requirement to the deregulating electric utility industry.
Mr. Scheuermann has been involved in every aspect of litigation, from initial client consultation through mediation, settlement, trial, and appeals. He practices, and has practiced, actively in federal and state and trial and appellate courts throughout the country and in London-seated arbitration proceedings. Mr. Scheuermann has published numerous articles on insurance coverage issues and antitrust and is a frequent speaker at insurance coverage conferences and seminars.