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Elizabeth A. Bozicevic

Elizabeth A. Bozicevic

Partner
St. Louis
office: 314.480.1844
fax: 314.480.1505
Overview

A trusted litigator, Elizabeth represents clients in high-stakes litigation around the country in business and civil disputes, focusing primarily on business torts, statutory and consumer fraud, and complex breach-of-contract claims.

Elizabeth has in-depth experience representing educational institutions, pharmacy benefit managers, and other healthcare entities from the date of filing through trial and the final appeal. She has substantial experience defending claims brought under the Employee Retirement Income Security Act (ERISA), with cases ranging from individual claims for benefits to nationwide class-action, breach-of-fiduciary duty claims.

Elizabeth works closely with clients in the healthcare industry in resolving audit and other payment disputes, both in formal litigation and state and federal administrative appeals. She also has represented clients in bringing and defending governmental bid protests involving large, multi-year state health contracts.

Elizabeth’s litigation practice extends to clients in the finance and banking industries, where she has defended clients facing multi-million dollar Racketeer Influenced and Corrupt Organizations Act (RICO) claims, including cases containing allegations of involvement in Ponzi schemes.

An avid reader and writer, Elizabeth has taught advanced litigation writing classes at Washington University School of Law and serves as a writing coach for associates.

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Industry

Services

Recognition

Education

  • J.D., Washington University School of Law
      • Order of the Coif 
      • Washington University Law Review, Senior Executive Editor
  • B.A., Knox College
    • magna cum laude
    • History and Spanish
      • Phi Beta Kappa

Admissions

  • Missouri
  • Illinois

Professional Associations and Memberships

  • American Health Lawyers Association
  • The Missouri Bar
Experience
  • Successfully defeated requests for a TRO and preliminary injunction at the trial level and court of appeals in a challenge to a pharmacy benefit manager’s business model that attempted to expand the scope of who is considered to be ERISA beneficiaries. Grasso Enterprises, LLC v. Express Scripts, Inc., 809 F.3d 1033 (8th Cir. 2016).
  • Developed initial legal strategy and prepared initial summary judgment briefing on novel preemption argument that prevailed at the trial-court level and was ultimately affirmed by the United States Supreme Court. Coventry Health Care of Missouri, Inc. v. Nevils, --U.S.--, 137 S.Ct. 1190 (2017).
  • Obtained summary judgment for financial institution on RICO and professional negligence claims brought by over 70 persons who claimed that the institution was complicit in a Ponzi scheme in which the plaintiffs asserted losses of over $44 million. Rosemann v. Sigillito, 956 F. Supp. 2d 1082 (E.D. Mo. 2013).
  • Second-chaired trial defending Fortune 100 company in lawsuit involving breach-of-contract and tortious interference claims.
  • Member of trial team that defended private-sector college against consumer fraud claims in a five-week trial in Clay County, Missouri. The plaintiffs, five former students of the client’s school, sought more than $10 million in damages and $3 million in attorneys’ fees. After less than one day of deliberation, the jury returned a complete defense verdict on the claims of four plaintiffs and awarded the fifth plaintiff damages of less than $8,000. The result was affirmed on appeal.
  • Obtained voluntary dismissal of a nationwide consumer fraud class action involving air ambulance services following removal to federal court and the filing of an early summary judgment motion.
  • Obtained dismissal and ultimately summary judgment in Oklahoma federal court on all individual and class-action claims against private-sector college brought by students who claimed that they did not receive the education they were allegedly promised and were unable to find employment in their field. Spencer v. Vatterott Educational Centers, Inc., 2015 WL 5749353 (E.D. Okla. Sept. 30, 2015).
  • Appealed CMS’ denial of hundreds of thousands of dollars in specialty drug claims before administrative law judge in order to obtain payment for specialty pharmacy.
  • Defended award of multi-billion-dollar state pharmacy benefit contract against protest filed by the incumbent pharmacy benefit manager, which was a resident of the awarding state.