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Elliott Schulder is an experienced brief writer and oral advocate who has achieved successful results in arbitrations and in federal and state trial and appellate courts for companies in the energy, chemical, manufacturing and pharmaceutical industries. He has handled a wide range of matters, including insurance coverage suits, environmental and mass tort actions, and contract disputes. As an Assistant to the Solicitor General, Mr. Schulder argued eleven cases (and briefed numerous others) in the Supreme Court of the United States.

  • Helped energy company recover insurance to cover the value of leased rail cars destroyed in train derailment.
  • Helped manufacturing company reach favorable settlement with insurers for coverage of bodily injury claims of workers alleging exposure to harmful substances.
  • In two related arbitrations, assisted mining company to recover insurance for defense costs and settlement of claim for property damage to public roadway.
  • Successful representation of manufacturer in litigation and arbitration, resulting in insurance coverage for defense and settlement of product liability claims.
  • Successfully represented pharmaceutical company in international arbitration concerning insurance coverage for claims relating to product withdrawn from market.

Decided cases in which Mr. Schulder has been counsel include:

  • Belt Painting Corp. v. TIG Insurance Co., 100 N.Y.2d 377 (2003) (amicus brief on inapplicability of pollution exclusion to incidental releases of fumes by painting contractor).    
  • Rozett v. Parke-Davis, No. 01-7036 (D.C. Cir. 2002) (affirming summary judgment on “wrongful life” issue and dismissing product liability claims against pharmaceutical company).
  • Trimble v. Asarco Inc., 83 F. Supp.2d 1034 (D. Neb. 1999), aff’d, 232 F.3d 946 (8th Cir. 2000) (dismissing toxic tort and Superfund class action claims for lack of jurisdiction).
  • South Carolina Dep’t of Health & Envt’l Control v. Atlantic Steel Indus., Inc., 85 F. Supp. 2d 596 (D.S.C. 1999) (upholding objections and refusing to approve Superfund settlement).
  • Carey v. Kerr-McGee Chem. Corp., 60 F. Supp. 2d 800 (N.D. Ill. 1999), earlier decision reported at 999 F. Supp. 1109 (N.D. Ill. 1998) (dismissing toxic tort class action claims on statute of limitations grounds).
  • Muzzey v. Kerr McGee Chem. Corp., 921 F. Supp. 511 (N.D. Ill. 1996) (granting Daubert motion excluding expert opinion testimony).

Pro Bono

  • Abramski v. United States, Sup. Ct. No. 12-1493 (U.S. June 16, 2014): amicus curiae brief for Brady Center to Prevent Gun Violence on interpretation of “straw purchaser” law.
  • Kolbe v. O’Malley, No. 14-1945 (U.S. Court of Appeals 4th Cir.) amicus curiae brief for Brady Center to Prevent Gun Violence in support of constitutionality of Maryland statute barring the sale of assault weapons and high-capacity magazines (brief filed Jan. 7, 2015).
  • Williams v. Smith, No. 11-1384 (3d Cir. Dec. 21, 2012): successful representation of prisoner in obtaining dismissal of prison officials’ appeal for lack of appellate jurisdiction.
  • McKenna v. City of Philadelphia, 461 F.3d 331 (3d Cir. 2006): successfully represented former Philadelphia police officers on appeal from dismissal of civil rights suit.
  • Klein v. Leis, 99 Ohio St. 3d 537 (2003): amicus curiae brief in Ohio Supreme Court supporting constitutionality of state law prohibiting carrying of concealed firearms.
  • Franklin Tower One, L.L.C. v. N.M., 725 A.2d 1104 (N.J. 1999): amicus curiae brief for National Housing Law Project on scope of federal housing voucher program.

Previous Experience

  • Assistant to Solicitor General, U.S. Department of Justice (1979-1984)
  • Appellate Attorney, Criminal Division, U.S. Department of Justice (1976-1979)
  • Appellate Attorney, Brooklyn District Attorney’s Office (1973-1976)
  • National Association of Attorneys General: Volunteer Recognition Award (2000); Special Recognition Award (2008)
  • Office of Solicitor General, U.S. Department of Justice: Special Commendation for Outstanding Service (1981)