M. Scott Young

Practices

• Labor & Employment
• Business Litigation

Professional Experience

Scott focuses his practice on all aspects of labor and employment law and business litigation. Scott counsels, and litigates on behalf of, businesses on issues relating to Title VII, the ADAAA, FMLA, ADEA, ERISA, FLSA, Sarbanes-Oxley Act, Dodd-Frank Act, NLRA, OSHA, and other federal and state employment laws. He counsels, and litigates on behalf of, businesses relating to claims involving alleged wrongful discharge, claims of whistleblowers, racial, gender, age, and disability discrimination, retaliation, alleged employer intentional torts, environmental torts, and other injury claims. Scott counsels, and litigates on behalf of, clients relating to employment contracts, non-compete agreements, trade secrets, hiring protocol, employee discharge, and employee benefits.

Scott is also experienced with defending claims in court asserting product liability, environmental and mass torts, breach of professional responsibility, general liability, and relating to disputes involving construction, commercial transactions, taxes, insurance, and breach of contract. Scott is a member of the firm's Mass & Toxic Tort and Risk Management groups.

Scott has won cases before juries and judges in trial courts, before state and federal appellate courts, and before the supreme court. He has won cases before state and federal agencies, and arbitrators. Scott's experience includes individual, collective, and class actions.

Scott serves clients, which range from small to fortune 500 size companies, involved in manufacturing, retail, cosmetics, health services, emerging technology, distribution, restaurants, energy, construction, banking, agriculture, beverages, engineering, communication, and insurance, among others. Clients include companies based in the United States and internationally.

Scott is admitted to practice law before:

Supreme Court of the United States
All State Courts in Ohio
U.S. Sixth Circuit Court of Appeals
U.S. Court of Appeals for the Federal Circuit
U.S. District Court for the Northern District of Ohio
U.S. District Court for the Southern District of Ohio
U.S. District Court for the Northern District of New York
U.S. Court of Federal Claims

Scott has been admitted pro hac vice in other jurisdictions.

Education

• Case Western Reserve University School of Law, J.D., 1993
• St. John's College in Annapolis, MD, B.A., 1989

• Successful defense of complaints filed in state and federal courts alleging various types of discrimination, retaliation, harassment, and wrongful discharge.
• Successful defense of charges of discrimination filed with the Equal Employment Opportunity Commission and Ohio Civil Rights Commission.
• Successful representation of clients relating to all aspects of OSHA investigations, including adjudication before the OSHA Review Commission.
• Counsel clients on compliance with OSHA regulations.
• Design and assist clients with implementing various workplace policies, including safety programs, drug and alcohol testing, medical exams, hiring protocol, severance and reduction-in-force plans, employment handbooks, and employee wellness programs.
• Counsel clients concerning all types of employment issues, including but not limited to, wage and hour compliance, trade secrets and competition, discipline, contracts, and NLRA issues.  Assist clients with training supervisory employees on all types of employment matters.
• Successful defense of claims of toxic tort, including but not limited to alleged exposures to asbestos, benzene, glue, ethanol, isocyanates, mold, radiation (alpha and gamma), silica, and vinyl chloride.  Liability claims have included issues involving, but not limited to, cancer, lung disease, dermatology, cardiology, psychological, and other injuries.
• Successful defense of a company against employer intentional tort claim alleging heart failure and pneumonia from alleged inhalation of ethanol.
• Successful defense of a company against an independent contractor’s allegation that he sustained pulmonary injuries resulting from exposure to smoke from stack on top of factory, alleging negligence, assault, intentional and negligent infliction of emotional distress.  Won on summary judgment.
• Successful defense of product liability/wrongful death claim involving alleged glue exposure.
• Successful defense of claim alleging cancer caused by alleged exposure to alpha and gamma radiation. Won on summary judgment.
• Successful defense of employer intentional tort claims involving alleged chemical exposures in the work-place.
• Successful defense of employer intentional tort claims involving physical injuries caused by machine accidents.
• Successful defense of product liability claim involving a furnace that allegedly malfunctioned and burned down building. Won on summary judgment.
• Successful defense of product liability claim involving alleged defective tire valve, exploding and blinding the plaintiff.  
• Successful defense of premises liability claim involving allegations that injuries were sustained from defectively maintained elevator.
• Successful defense of premises liability claim involving allegations that injuries were sustained from defectively maintained stairwell.
• Successful defense of claims of alleged employee injuries and related extent of disability issues before the Industrial Commission of Ohio and courts.
• Successful representation in court of partial owner against other owners of a privately owned movie theatre chain for debt owed based upon a contract dispute, recovering full amount alleged to be owed, plus attorney fees, and interest.
• Successful prosecution of an action in court on behalf of a company seeking vacation of an assessment of taxes by the Ohio Department of Job and Family Services, reversing an assessment of taxes totaling over $600,000.00.
• Successful defense of a company concerning an independent contractor’s allegation of injuries after being injured in an elevator, alleging premises liability, intentional tort, and negligence. Won on summary judgment.
• Successful defense of a trucking company against complaint that its contractor, on a trip lease, drove his truck into a warehouse causing it to collapse.
• Successful defense of general contractor in relation to claim for damages by subcontractor for alleged unanticipated additional work on construction project.
• Successful representation of construction contractor relating to claim that bidding procedures by a community college district were unlawful, culminating in an award of damages and attorney fees to client.  Won on summary judgment.
  
  
• Successful Reported Court Decisions Include:
• State, ex rel. Walker v. Coca-Cola Enterprises Inc., 2009 Ohio 3550 (2009);
• State, ex rel. Carlson v. Avon Products, Inc., 2008 Ohio 6083 (2008);
• State, ex rel. Gebhart v. A.O. Smith Corporation, 2007 Ohio 1496 (2007);
• State, ex rel. Green v. York International Corporation, 2003 Ohio 1180 (2003);
• State, ex rel. Sysco Food Services of Cleveland, Inc. v. Indus. Comm., 89 Ohio St. 3d 612 (2000);
• State, ex rel. LTV Steel Company v. Grecu, 85 Ohio St. 3d 75 (1999);
• State, ex rel. Hillside Dairy v. Conrad, 84 Ohio St. 3d 314 (1999);
• F. Buddie Contracting, LTD v. Cuyahoga Community College District, 31 F. Supp. 571 (N.D. OH 1998);
• F. Buddie Contracting, LTD v. Cuyahoga Community College District, 31 F. Supp. 584 (N.D. OH 1998);
• State, ex rel. Eaton Corporation v. Baker, 80 Ohio St. 3d 352 (1997);
• Goodall v. Sysco Food Services of Cleveland, Cuyahoga App. Case No. 72423, 1997 Ohio App. Lexis 4234 (1997);
• State, ex rel. Eaton Corporation v. Timko, Franklin Cnty App. Case No. 94APD07-1065, 1995 Ohio App. Lexis 2735 (1995).

• Numerous presentations on labor and employment issues, including as relating to alleged discrimination, retaliation, and harassment, non-compete agreements, executive contracts, employment handbooks, hiring/firing, OSHA compliance, employee benefits, ADAAA, FMLA, employee wellness programs, Sarbanes-Oxley Act, and insurance coverage. Presentations have been sponsored by Lorman’s Educational Services, National Business Institute, PBS Television, and the Associated General Contractors of America, among others.

• Selected for inclusion in Ohio Super Lawyer Rising Stars by Law & Politics Magazine
• Named a Cincy Business Magazine Leading Lawyer