Locke Lord

Carl Scherz 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.

Representative Experience

• 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).

Professional History

• Partner, Locke Lord LLP
  • Chair of the Banking and Financial Institutions Litigation Practice Group (2007 – present)
  • Chair of the Pro Bono Committee (2003-2006)
• Law clerk to the Honorable Richard A. Schell, United States District Judge for the Eastern District of Texas (1994-1995)

Professional Affiliations and Achievements

• Member, American Bar Association
• Member, Dallas Bar Association
• Member, State Bar of Texas

Community Involvement

• Advisory Council member for United Way of Metropolitan Dallas and former Board Member of United Way of Metropolitan Dallas
• Alex de Tocqueville member of United Way of Metropolitan Dallas
• Recipient of the "Give Volunteer Award" from United Way of Metropolitan Dallas

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)