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James E. Scheuermann

Partner
+1.412.355.6215
Fax +1.412.355.6501

Mr. Scheuermann advises and litigates on behalf of major corporate enterprises faced with strategic litigation challenges. In this role, he develops, coordinates and implements larger strategic responses to such challenges.

Mr. Scheuermann’s practice is concentrated in litigation and counseling on insurance coverage and antitrust matters.

Mr. Scheuermann has been involved in every aspect of litigation, from initial client consultation through mediation, arbitration, 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.

Mr. Scheuermann has been selected by his peers for inclusion in The Best Lawyers in America, 19th, 20th, 21st, 22nd, and 23rd editions.

Professional Background

Mr. Scheuermann has been a partner in K&L Gates’ Pittsburgh office since 1997, and was previously an associate with the firm since 1989. Prior to attending law school, he was an Adjunct Assistant Professor of Philosophy at Carnegie-Mellon University.

Professional/Civic Activities

  • Allegheny County Bar Association
  • American Bar Association
  • American Arbitration Association Roster of Neutrals: Commercial, Insurance
  • London Court of International Arbitration: listed in the database of arbitrators.
Insurance coverage experience includes:

  • lead counsel for the policyholder in a confidential London-seated arbitration under Bermuda form policies;
  • lead policyholder counsel in an employment coverage action filed in New Jersey 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 an insurer’s policies was to be determined according to that insurer’s prior course of dealings with the insured;
  • mediated and negotiated coverage for alleged data breach claims under cyber risk policy; counseling clients on cyber insurance;
  • securing coverage for defense and indemnity in complex antitrust and unfair competition action involving allegations of product disparagement;
  • counseling on and negotiating coverage issues for bodily injury claims arising out of the 9/11 terrorist attacks;
  • litigating, counseling on, and negotiating numerous complex insurance coverage cases involving employment-related claims, advertising injury claims (including IP coverage claims), toxic tort claims, environmental claims, property damage claims, lending discrimination claims, employers‘ liability claims, and novel deal-related reinsurance matters.

Antitrust and competition experience includes:

  • leading the defense team for a supplier to the nuclear power industry against Sherman Act (attempted monopolization), Lanham Act, and state law unfair competition claims; this was very complex litigation over eight years, involving over 30 million pages of documents and over 100 depositions;
  • 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;
  • on behalf of the lead defendant, responsibility for the briefing and oral argument before the United States Court of Appeals for the Third Circuit in City of Pittsburgh v. West Penn Power Company, et al., 147 F.3d 256 (1998), the seminal decision applying the antitrust injury requirement to the deregulating electric utility industry;
  • 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.

Other commercial litigation experience includes:

  • counseling on strategic direction for the defense of numerous construction claims asserted against client’s foreign subsidiaries; the matter involved the complex interplay of the laws of two foreign jurisdictions;
  • led team of U.S. and E.U. attorneys in negotiating insolvency and contract claims against manufacturer of heavy equipment for electric power generation plants, and preparing for litigation in the U.S. and two E.U. countries against shareholders of the manufacturer;
  • prosecution of contractual indemnification action on behalf of equipment manufacturer facing thousands of bodily injury toxic tort claims against predecessor manufacturer;
  • defense of a hospital in challenge to its merger with another hospital; case settled during trial after a directed verdict on plaintiffs’ key claims;
  • defense of a regulated utility in contract dispute with independent power producer (AAA arbitration);
  • representation of lumber companies, school districts, and municipalities as intervenors in action brought by environmental group against U.S. Forest Service; two successful appeals to the United States Court of Appeals for the Third Circuit (Kleissler v. U.S. Forest Serv., 157 F.3d 964 (1998), and 183 F.3d 196 (1999));
  • prosecution of preliminary injunction brought by supplier to the railroad industry against manufacturer of railroad equipment;
  • prosecution of preliminary injunction brought by beer wholesalers against beer manufacturer.