Hepler Broom, LLC Logo

TROY A.
BOZARTH

Partner

tbozarth@heplerbroom.com

618-307-1124

Edwardsville, IL

 

Areas of Practice

  • Banking & Financial Services
  • Class Action
  • Commercial
  • Pharmaceutical & Medical Devices
  • Products Liability
  • Securities

Education

  • Drake University School of Law, J.D., 1996, with honors
  • Drake University School of Business, M.B.A., 1996
  • Illinois Wesleyan University, 1992 (B.A., Business Administration)

Admissions

  • Illinois
  • United States Supreme Court
  • United States Courts of Appeals for the
    • 7th Circuit
    • 8th Circuit
  • United States District Courts for the
    • Northern District of Illinois
    • Central District of Illinois
    • Southern District of Illinois
    • Eastern District of Missouri

Practice Description


Mr. Bozarth focuses his practice on trials involving complex commercial litigation matters, including:

  • Class Actions
  • Pharmaceutical
  • Medical Device
  • Products & Agriculture
  • Banking
  • Antitrust Law
  • Jones Act
  • Maritime Law
                 

He is a trial lawyer with extensive experience in state and federal courts at both the trial and appellate levels. Mr. Bozarth has tried many cases to verdict, including being part of the trial team for a nationwide class action jury trial. He has appeared before and argued multiple matters in the state and federal appellate courts concerning all aspects of class action jurisprudence. He has successfully defended many CAFA (Class Action Fairness Act) removals, including before the United States Court of Appeals for the Seventh Circuit, and argued against numerous class action certification motions in the state and federal courts in which he practices. (For specific cases, see Representative/Recent Case Results.)

Petition for Certiorari


Bar/Professional Associations


  • American Bar Association
  • Association of Defense Trial Attorneys
  • Bar Association of Central and Southern Illinois
  • Defense Research Institute
    • DRI Law & Public Policy Class Action Task Force
  • East St. Louis Bar Association
    • Board of Directors
  • Illinois Association of Defense Trial Counsel (IDC)
    • President 2015-2016
    • President Elect 2014-2015
    • First Vice President 2013-2014
    • Second Vice President 2012-2013
    • Secretary/Treasurer 2011-2012
    • Board of Directors 2004-2011
  • Illinois State Bar Association
  • International Association of Defense Counsel
  • Madison County (Illinois) Bar Association
  • Seventh Circuit Bar Association

Awards, Honors & Distinctions


  • AV Preeminent® Attorney by Martindale-Hubbell
  • Best Lawyers in America (2018-2019)
  • Illinois Leading Lawyer (2010-2018)
    • Top 10 Leading Business Lawyers-Downstate Illinois (2018)
  • Illinois Super Lawyer (2010-2011, 2013-2018)
    • Rising Star (2009)

Published Legal Writing


  • “Blogging, Tweeting and Friending: ADTA's Foray into Social Networking,” ADTA Webinar (January 2013)
  • “Are Class Action Counterclaims Removable Under CAFA?” DRI (March 2, 2011) (Co-author)
  • Class Action Fairness Act Removal, Defense Research Institute
  • Class Action Compendium, Defense Research Institute

Legal Lectures & Presentations


  • “Current Trends in Class Action Litigation Affecting the Banking Industry,” IMBA Spring Seminar (2010)
  • IDC - Tripartite and Legal Ethics for Defense Counsel (Fall Seminar, 2004)

Representative/Recent Case Results


  • Obtained a favorable opinion from the Illinois Appellate Court, Fifth District. This case, 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. It was the first and only case of its kind in Illinois. [Johnson v. First Bank, 382 Ill.App.3d 907, 89 N.E. 2d 233, 321 Ill. Dec. 329 (5th Dist. April 18, 2008)]
  • Successfully argued against class certification. Plaintiff argued defendant engaged in a “Silent PPO” and unjustifiably reduced payments to the class through applying PPO discounts it did not deserve. The Southern District of Illinois court found that plaintiff’s claims for breach of contract, unjust enrichment, and ICFA (Illinois Consumer Fraud Act) violations were not subject to common proof and therefore denied plaintiff’s motion to certify the class. (Roche v. Zenith)
  • Part of trial team that successfully defended nationwide class action jury trial in St. Clair County, Illinois. Verdict was affirmed on appeal. (Craft v. Allstate)
  • Part of trial team that successfully represented Zimmer, Inc. in multiple jury trials in St. Clair County, Illinois. All trials ended in defense verdicts. (Santas v. Zimmer, Inc.)
  • Successfully defended a Class Action Fairness Act removal, including before the United States Court of Appeals for the Seventh Circuit. [Spivey v. Vertrue, 528 F.3d 982 (7th Cir. 2008)]
  • Obtained orders dismissing cases on the merits, all prior to plaintiff moving for class certification. (Vardell v. Union Planters (2006); Hicks v. UPS (2007); Knight v. Sprint (2006); Agney v. National City)

Other appellate decisions with which he’s been involved:

  • Howland v. Stonewolf (2004)
  • Brown v. RBMG (2007)
  • Hill v. Chase (2008)
  • First Bank v. DJL Properties, 598 F.3d 915 (7th Cir. 2010)
  • Kesha Manning v. BA-2003 Limited Partnership, et al. (2010)
  • 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 Dist. 2011)
  • Campbell v. F.D.I.C., 676 F.3d 615 (7th Cir. 2012)
  • AT&T Internet Services, et al. v. Hon. Robert L LeChein, Supreme Court granted supervisory order, June 27, 2012, No. 114334
  • Lightspeed Media Corp. v. AT&T Internet Services, et al., Illinois Appellate Court, Fifth District, August 31, 2012, No. 2012 IL App (5th) 110566-U
  • Phillips v. Prudential Ins. Co. of America, 714 F.3d 1017 (7th Cir. 2013)
  • Lightspeed Media Corp. v. Smith, et al., 2014 WL 1244079 (7th Cir. 2014) – motion for contempt granted
  • Eike, et al. v. Allergan, Inc., et al., 850 F.3d 315 (7th Cir. 2017)