Troy Bozarth's Email & Phone

Practice Description: Mr. Bozarth focuses his practice on trial involving complex commercial litigation matters, including: ? Class Actions ? Insurance Defense ? Jones Act ? Maritime Law ? Antitrust Law Mr. Bozarth recently obtained a favorable opinion from the Illinois Appellate Court, Fifth District, in the Johnson v. First Bank case. Johnson, a matter of first impression in Illinois, involved National Bank Act preemptions and the application of the Riegal Niel Act and Illinois State Parity statutes to an out-of-state bank. Johnson is the first and only case of its kind in Illinois. Mr. Bozarth has successfully defended many CAFA (Class Action Fairness Act) removals, including before the United States Court of Appeals for the Seventh Circuit in the case of Spivey v. Vertrue. In. Vardell v. Union Planters, Hicks v. UPS, Knight v. Sprint, and Agney v. National City, Mr. Bozarth obtained order dismissing the cases on the merits all prior to plaintiff moving for class certification. Mr. Bozarth successfully argued against many class certification including in Roche v. Zenith. In Roche, plaintiff argued defendant engaged in a Silent PPO? and unjustifiably reduced payments to the class through applying PPO discounts they did not deserve. The Southern District of Illinois court found that plaintiff's claims for breach of contract, unjust enrichment and ICFA violations were not subject to common proof, and therefore, denied plaintiff's motion to certify the class. Mr. Bozarth was part of the trial team that successfully defended a nationwide class action jury trial in Craft v. Allstate in St. Clair County, Illinois, which was affirmed on appeal. Also obtained reported class certification denials in Roche v. Zenith Insurance and Johnson v. Allstate Insurance. Mr. Bozarth has obtained recent appellate decisions in Coy Chiropractic Health Center, Inc, Richard Coy, D.C., and Frank C. Bemis & Associates v. Travelers Casualty and Surety Company and The Travelers Indemnity Company, (5th Dis. 2011), Kesha Manning v. BA-2003 Limited Partnership, et al., Howland v. Stonewolf, Knight v. Sprint, Vardell v. Union Planters, Brown v. RBMG, Hicks v. UPS, Johnson v. First Bank, 382 Ill.App.3d 907, 89 N.E. 2d 233, 321 Ill. Dec. 329 (5th Dist.), Hill v. Chase, and Spivey v. Vertrue, 528 F.3d 982 (7th Cir. 2008), and First Bank v. DJL Properties. Petition for Certiorari: First Bank v. DJL Properties Bar Admissions: Illinois U.S. Court of Appeals for the 7th Circuit United States District Court for the Northern District of Illinois United States District Court for the Central District of Illinois United States District Court for the Southern District of Illinois United States District Court for the Eastern District of Missouri United States Supreme Court Date of Birth: October 29, 1969 Law School: Drake University School of Law, J.D. 1996 Law School Honors/Involvement: With Honors Graduate School: Drake University (Masters of Business Administration) Undergraduate School: Illinois Wesleyan University, 1992 (B.A. Business Administration) Bar/Professional Association Involvement: Madison County, Illinois, Bar Association American Bar Association Illinois Association of Defense Trial Counsel, Board of Directors Bar Association of Central and Southern Illinois Seventh Circuit Bar Association Association of Defense Trial Attorneys Defense Research Institute Illinois Mortgage Bankers Association East St. Louis Bar Association, Board of Directors Awards, Honors, Distinctions: Illinois Super Lawyers Rising Star in 2009 Illinois Super Lawyers in 2010, 2011 Illinois Leading Lawyers in 2010 Published Legal Writing: Are Class Action Counterclaims Removable Under CAFA?,? (Co-author), The Voice, DRI (March 2, 2011) DRI - CAFA Removal article DRI - Class Action Compendium Legal Lectures: IDC - Tripartite and Legal Ethics for Defense Counsel - Fall Seminar 2004 IMBA - Current Trends in Class Action Litigation Affecting the Banking Industry, Spring Seminar 2010