​Michael J. Duffy (Partner-Chicago, IL), James M. Burd​ (Partner- Louisville, KY | Nashville, TN) and Edward M. O'Brien (Of Counsel- Louisville, KY | Merrillville, IN) represented an insurance company in the U.S. Court of Appeals, Sixth Circuit, and received a favorable affirmation of the district court's judgment based on a previously settled class suit. A gym chain had reached a settlement in class action with its members in Ohio. Wilson Elser's client denied coverage for the settlement based on a policy contract exclusion, and the U.S. district judge in the matter agreed. The gym chain appealed, seeking $30 million in contractual and punitive damages and Michael, Jim and Eddie argued that since the previous class settlement arose from the insured's contractual relationship with its customers, coverage was excluded and Wilson Elser's client was not liable. The decision of the Sixth Circuit panel was unanimous.