Carl C. Scherz

Carl Scherz is a Deputy Chair of the Firm's Financial Services Litigation Practice Group and concentrates his practice in complex business related and financial services litigation.  He has extensive experience in a wide range of litigation areas in both federal and state court, including litigation relating to banking and financial services companies, insurance related litigation, ERISA and health care litigation, partnership disputes arising from real estate and energy partnerships and joint ventures, construction litigation, product liability, and securities litigation. His practice has included representing clients in individual cases as well as class action and multi-district litigation.

• Representing banks and mortgage companies with lender liability litigation, banking and credit card consumer practices litigation, mortgage servicing and foreclosure practices litigation, and corporate collection litigation
• Representing insurance and financial services companies with sales practice, securities, and claim litigation and arbitrations arising from a variety of insurance products and/or registered securities including: annuities, equity and debt securities, whole life insurance, universal life insurance, variable life insurance, disability insurance, AD&D insurance, homeowners insurance, automobile insurance, catastrophic loss insurance, and health insurance
• Representing financial services companies and manufacturers in putative class actions, including: claims brought by a putative class of Pacific Rim life insurance policyholders dismissed on the basis of forum non conveniens; putative national class actions complaining of sales practices in the sale of life and annuity products; claims brought by putative national classes of policyholders arising from coverage issues under automobile and homeowner policies; claims brought by putative national classes of policyholders arising from the handling of workers compensation subrogation claims; putative class action claims arising from product warranty and marketing issues
• Representing ERISA plan administrators, third party claim administrators, and plan providers in actions brought by hospitals and medical providers alleging slow and short payment under PPO and HMO slow payment regulations and under governing provider PPO agreements, and in ERISA litigation arising from the handling of ERISA claims and administration of ERISA plans. See, e.g., Cook Children’s Medical Center v. The New England PPO Plan of General Consolidated Management, Inc., 491 F.3d 266 (5th Cir. 2007)
• Representing limited and general partners in disputes arising from partnership rights and obligations in a variety of contexts, including real estate and energy partnerships.
• Representing developers and contractors in construction litigation involving commercial, multi-family, and residential construction
• Represented insurers in coverage matters involving reinsurance, CGL coverage, D&O coverage, workers compensation coverage, professional liability coverage, umbrella coverage, and excess coverage. See Dal-Tile Corp. v. Zurich American Ins. Co., 2004 WL 414900 (N.D. Tex. Feb 02, 2004); Nutmeg Ins. Co. v. Clear Lake City Water Authority, 29 F. Supp. 2d 668 (S.D. Tex. 2002)

Publications and Presentations

• Author, Comment, Legislature's Answer to Alfaro: Forum Non Conveniens in Personal Injury and Wrongful Death Litigation, 46 Baylor L. Rev. 99 (1994)