Scott A. Campbell

Practices

• Business Litigation
• Product Liability Litigation

Professional Experience

Scott practices in the firm's Business Litigation practice group, which he leads in the Columbus office, as well as the Product Liability Litigation practice group. He focuses his practice on civil and commercial litigation, including disputes involving business torts and commercial contract breaches, land use and zoning, utility liability and service issues, personal injury and wrongful death, lending practices, financial fraud, corporate control contests, fiduciary malfeasance, insurance coverage, premises and product liability, civil rights, and inheritance matters. Scott has represented clients at trial and on appeal, in administrative proceedings, in arbitration, and in mediation. He has appeared in state court in dozens of Ohio counties; has tried cases to jury verdict and to the bench, for both plaintiff and defendant, in both Ohio state and federal court; has litigated cases to final arbitration award; has prosecuted and defended claims for injunctive relief in both state and federal court; has appeared before state and local administrative agencies; has taken discovery in the U.S. and abroad; has argued to appellate courts in Ohio state court and the Sixth Circuit; has petitioned for a writ of certiorari; has provided expert testimony on legal fees; and has won and collected his client's legal fees from the opposing side on four different occasions, based on four different legal theories, including three cases of first impression (pursuant to contract; as damages for breach of a promise to settle litigation; for former officer and director, pursuant to corporate bylaws, where corporation itself was the plaintiff; and as a matter of common law tort). Scott co-chairs the firm's Pro Bono Committee, and also serves on its Diversity & Inclusion Initiative and Hiring Committee.

Scott is admitted to practice in Ohio, the United States Supreme Court, the United States Court of Appeals for the Sixth Circuit, the United States Court of Appeals for the Eleventh Circuit, the United States District Court for the Southern District of Ohio, and the United States District Court for the Northern District of Ohio.

Before becoming a lawyer, Scott served as Legislative and Communications Director for U.S. Representative Jim Jontz from 1991 to 1992, and as his Press Secretary and Campaign Manager from 1988 to 1991. Scott has also edited, written, and illustrated European and U.S. travel books.

Education

• The Ohio State University Michael E. Moritz College of Law, J.D., 1995, Order of the Coif; Ohio State Law Journal, Managing Editor
• Harvard College, A.B., 1985

• Business Tort & Contract Disputes
• Won defense judgment on $4 million counterclaim for intentional interference with business relationships brought by internet service provider against telecommunications company, after bench trial in federal court, and following earlier summary judgment decision disposing of counterclaims for contract breach, negligence, and defamation; and obtained stipulated money judgment for client at 100 cents on the dollar on original collection claim.  Verizon Advanced Data Inc. v. FrogNet, Inc., 2011 U.S. Dist. LEXIS 145731 (S.D. Ohio Dec. 19, 2011) (intentional interference claim); Verizon Advanced Data Inc. v. FrogNet, Inc., 2010 U.S. Dist. LEXIS 32595 (S.D. Ohio Apr. 2, 2010) (summary judgment on contract, negligence, and defamation claims); see also Verizon Advanced Data Inc. v. FrogNet, Inc., 2011 U.S. Dist. LEXIS 4156 (S.D. Ohio Jan. 10, 2011) (excluding 34 counterclaimant exhibits on motion in limine); Verizon Advanced Data Inc. v. FrogNet, Inc., 2006 U.S. Dist. LEXIS 57223 (S.D. Ohio Aug. 14, 2006) (granting motion to compel arbitration).
• Won six-figure judgment, including $75,000 in legal fees, following federal court jury trial (affirmed on appeal); won summary judgment, in case of first impression in Ohio federal court, of entitlement to attorneys fees and prejudgment interest as matter of common law in tort action.  Verizon Florida, Inc. v. 1st National Cash Refund, Inc., 204 Fed. Appx. 522 (6th Cir. 2006).
• Defended mortgage lender in eight related lawsuits in three fora, alleging fraud and violations of Truth in Lending Act.
• Won award on affirmative claim, and rejection of counterclaim, for major national mortgage lender in arbitration proceedings in claim arising from loan negotiation and closing; won appellate court affirmance of award.  CitiFinancial Mortgage Company v. Carson, 2004 Ohio App. LEXIS 5874 (10th Dist. Dec. 2, 2004).
• Represented lender as plaintiff in fraud action against Japanese public company arising from sale of company's U.S. subsidiary. G. Jeff Mennen & Wilmington Trust Co. v. Onkyo Corp., 248 Fed. Appx. 112 (11th Cir. 2007).
• Won summary judgment in federal court on claims of breach of express and implied warranties, product liability, and negligent design, on behalf of agricultural equipment manufacturer.  Buckeye Resources, Inc. v. DuraTech Industries International, Inc., 2011 U.S. Dist. LEXIS 125770 (S.D. Ohio Oct. 31, 2011).
• Represented criminal defendant in appeal from his conviction for insider trading and conspiracy, and in settlement of related SEC civil action. United States v. Blackwell, 459 F.3d 739 (6th Cir. 2006); Securities and Exchange Commission v. Blackwell, 477 F. Supp. 2d 891 (S.D. Ohio 2007).
• Successfully defended several insurers in Ohio trial and appellate courts against uninsured/underinsured motorist coverage claims brought pursuant to Scott-Pontzer v. Liberty Mutual Fire Insurance Co.  See Welsh v. Indiana Insurance Co., 2005 Ohio App. LEXIS 1116 (5th Dist. Mar. 7, 2005); Hayman v. DiLoretto, 2004 Ohio App. LEXIS 2995 (7th Dist. June 21, 2004).
• Defended acquiror of internet service provider in lawsuit brought by acquired company’s secured lender alleging damage to and conversion of collateral subject to security interest; won appellate court reversal of jury verdict.  RFC Capital Corp. v. EarthLink, Inc., 2004 Ohio App. LEXIS 6507 (10th Dist. Dec. 23, 2004).
• Wrote all trial and appellate briefs in claim brought against close corporation, its parent, and its president by two former top officers over alleged breach of employment and bonus opportunities arising from spinoff transaction.  Schutte v. Danis Cos., 141 Ohio App. 3d 824 (2d Dist. 2001).
• Represented leading quick-service food industry clients in all central and southern Ohio customer-initiated litigation, including automobile accident, slip-and-fall, and other premises and vicarious liability claims.
• Won temporary restraining order, and settled case by entry of permanent injunction, in case brought on behalf of wireless telecommunications client against exclusive agent engaged in sales of competitors' products.
• Investigated and advised financial services and construction industry clients regarding employee fraud.
• See also Jacobs v. Acacia Chattanooga Vehicle Auction, Inc., infra.
• Land Use Disputes
• Won defense verdict, and six-figure legal fee award on breach of land-sale contract counterclaim, affirmed on appeal, in lawsuit by former property owner seeking to enforce purported restrictive covenant running with the land. Jubilee Limited Partnership v. Hospital Properties, Inc. v. Life Time Fitness, Inc., 2010 Ohio App. LEXIS 4693 (Nov. 16, 2010).
• Represented township and coalition of homeowners associations opposing location in residential neighborhood of major regional retail center anchored by Wal-Mart, in state administrative appeal and federal constitutional litigation; won rulings in both courts upholding decision which denied developer’s zoning application. Wedgewood Limited Partnership I v. Township of Liberty, 456 F. Supp. 2d 904 (S.D. Ohio 2006); Wedgewood Limited Partnership I v. Township of Liberty, 2007 US Dist. LEXIS 45135 (S.D. Ohio June 21, 2007); Wedgewood Limited Partnership I v. Township of Liberty, 578 F. Supp. 2d 941 (S.D. Ohio 2008); Wedgewood Limited Partnership I v. Township of Liberty, 610 F.3d 340 (6th Cir. 2010); Wedgewood Limited Partnership I v. Liberty Township Board of Zoning Appeals, 169 Ohio App. 3d 840 (5th Dist. 2007); 187 Ohio App. 3d 24, 2010-Ohio-2068 (5th Dist. 2010).
• Won appellate reversal of trial court decision overruling city council’s denial of developer’s proposed amendment to planned unit development zoning district to build a Wal-Mart in community opposed to same, based on distinction between legislative and administrative action in zoning matters. Solove v. Westerville City Council, 2002 Ohio App. LEXIS 2926 (10th Dist. June 13, 2002).
• Won precedent-setting case establishing right of successor mortgagee to proceed with foreclosure despite not owning mortgage at time of commencement of lawsuit, where original mortgagee and assignor are joined in lawsuit after filing.  Wells Fargo Bank, N.A. v. Sessley, 188 Ohio App. 3d 213, 2010-Ohio-2902 (10th Dist. 2010); see also Sessley v. Wells Fargo Bank, N.A., 2012 U.S. Dist. LEXIS 29661 (S.D. Ohio Mar. 6, 2012).
• Represented growing municipality in multiple lawsuits with neighboring municipality over competing efforts to annex key developable territory. Thornton v. Salak, 112 Ohio St. 3d 254 (2006); Thornton v. Salak, 2005 Ohio App. LEXIS 1558 (5th Dist. Mar. 28, 2005); In Re: Petition to Annex 100.642 Acres, 2004 Ohio App. LEXIS 6576 (5th Dist. Dec. 20, 2004).
• Defended to jury verdict inverse condemnation case brought against rural electric cooperative by consumer alleging improper placement of utility poles.
• Won mandatory injunctive relief directing immediate removal of fence blocking access to parking necessary for restaurant’s grand opening, in dispute between co-tenants of shopping center; obtained resolution providing for permanent relief.
• See also Sparks v. Bowling, infra.
• Rural Electric Cooperative & Utility Company Representation
• Regularly represent Ohio rural electric cooperatives and major national telephone company throughout Ohio in tort litigation involving death, personal injury, and land use disputes.
• Regularly advise Ohio rural electric cooperatives on disconnection policies, right-of-way issues, and corporate governance matters.
• Won decision in Ohio Supreme Court, reversing appeals court in certified conflict case, and holding that utility company cannot be liable for negligence in placement of utility facilities within right-of-way. Turner v. Ohio Bell Telephone Co., 118 Ohio St. 3d 215 (2008); see also Engel v. Williams County, Ohio, 2008-Ohio-3852, 2008 Ohio App. LEXIS 3247 (6th Dist. Aug. 1, 2008) (following Turner).
• Won case of first impression, upholding public utility exemption from township zoning for agriculturally-zoned property, regardless of actual residential use of that and surrounding property.  Sparks v. Bowling, 2009-Ohio-5071, 2009 Ohio App. LEXIS 4286 (Sept. 28, 2009).
• Won summary judgment, affirmed on appeal, in case of first impression upholding right of electric cooperative to clear trees adjacent to utility line based on cooperative membership agreement. Terry v. Hancock-Wood Electric Cooperative 2009-Ohio-4925, 2009 Ohio App. LEXIS 4159 (6th Dist. Sept. 18, 2009).
• See also Verizon Advanced Data Inc. v. FrogNet, Inc., supra.
• Cases of First Impression
• Won advancement and ultimately indemnification of half-million dollars in legal fees and expenses for corporate official, in case of first impression in Ohio state court establishing procedures for advancement. Westbrook v. Swiatek, 2010-Ohio-2868, 2010 Ohio App. LEXIS 2375 (5th Dist. June 16, 2010).
• Won $75,000 in legal fees, in case of first impression in federal court establishing common-law right to recover legal expense for successful prosecution of tort claim for conversion. Verizon Florida, Inc. v. 1st National Cash Refund Inc., 204 Fed. Appx. 522 (6th Cir. 2006).
• Won case of first impression in Ohio state court, establishing precedent that damages for breach of settlement agreement to end litigation are measured by legal fees and expenses spent in ongoing litigation. Shanker v. Columbus Warehouse Limited Partnership, 2000 Ohio App. LEXIS 2391 (10th Dist. June 6, 2000).
• Prevailed, in case of first impression in Ohio state court, on issue of effective date of statute where citizens unsuccessfully seek repeal of statute by statewide referendum.  Thornton v. Salak, 112 Ohio St. 3d 254 (2006).
• Won appellate reversal in state court of cognovit judgment, in case of national first impression, where judgment was purportedly signed before removal to federal court, but not filed until thirteen minutes after removal was effected.  Jacobs v. Acacia Chattanooga Vehicle Auction, Inc., 2011-Ohio-3706, 2011 Ohio App. LEXIS 3120 (10th Dist. July 28, 2011); see also Jacobs v. Acacia Chattanooga Vehicle Auction, Inc., 2011 U.S. Dist. LEXIS 148582 (S.D. Ohio Dec. 21, 2011) (won trial court reversal of federal-court cognovit judgment).
• Won partial appeals court judgment for defendant in case of national first impression interpreting federal Telephone Consumer Protection Act.  Charvat v. Colorado Prime, 1998 Ohio App. LEXIS 4292 (10th Dist. Sept. 17, 1998).
• See also Terry v. Hancock-Wood Electric Cooperative, Inc., Sparks v. Bowling, supra.
• Other Noteworthy Litigation
• Won partial reversal by Sixth Circuit of district court judgment in constitutional tort and defamation case brought by police chief of Ohio’s largest city against mayor, safety director, and city.  Jackson v. Columbus, 194 F.3d 737 (6th Cir. 1999).
• On behalf of pro bono client wrongfully terminated from federally supported housing program administered by local metropolitan housing authority, obtained successful resolution against agency and its lawyer, based on claims brought pursuant to 42 U.S.C. § 1983 and common law fraud.
• Won probate court judgment in favor of heirs to million-dollar estate against challenge by putative heirs.
• Testified as expert witness on reasonableness of attorney fees and expenses, resulting in award of 95% of amount sought. Academic Imaging, LLC v. Soterion Corp., 2008 Ohio App. LEXIS 29825 (S.D. Ohio Apr. 11, 2008).
• Prepared and submitted to court completely electronic and interactive appellate brief and trial record, the first filing of its kind in the state.  RFC Capital Corp. v. EarthLink, Inc., 2004 Ohio App. LEXIS 6507 (10th Dist. Dec. 23, 2004).
• Published & Electronically Published Opinions
• Verizon Advanced Data Inc. v. FrogNet, Inc., 2011 U.S. Dist. LEXIS 145731 (S.D. Ohio Dec. 19, 2011); Verizon Advanced Data Inc. v. FrogNet, Inc., 2011 U.S. Dist. LEXIS 4156 (S.D. Ohio Jan. 10, 2011); Verizon Advanced Data Inc. v. FrogNet, Inc., 2010 U.S. Dist. LEXIS 32595 (S.D. Ohio Apr. 2, 2010); Verizon Advanced Data Inc. v. FrogNet, Inc., 2006 U.S. Dist. LEXIS 57223 (S.D. Ohio Aug. 14, 2006)
• Turner v. Ohio Bell Telephone Co., 118 Ohio St. 3d 215 (2008), reversing Turner v. Ohio Bell Telephone Co., 2006 Ohio App. LEXIS 6124 (8th Dist. Nov. 22, 2006)
• Engel v. Williams County, 2008-Ohio-3852, 2008 Ohio App. LEXIS 3247 (6th Dist. Aug. 1, 2008) (following Turner)
• Buckeye Resources, Inc. v. DuraTech Industries International, Inc., 2011 U.S. Dist. LEXIS 125770 (S.D. Ohio Oct. 31, 2011).
• Jacobs v. Acacia Chattanooga Vehicle Auction, Inc., 2011 U.S. Dist. LEXIS 148582 (S.D. Ohio Dec. 21, 2011); Jacobs v. Acacia Chattanooga Vehicle Auction, Inc., 2011-Ohio-3706, 2011 Ohio App. LEXIS 3120 (10th Dist. July 28, 2011)
• Jubilee Limited Partnership v. Hospital Properties, Inc. v. Life Time Fitness, Inc., 2010-Ohio-5550, 2010 Ohio App. LEXIS 4693 (Nov. 16, 2010)
• Wells Fargo Bank, N.A. v. Sessley, 188 Ohio App. 3d 213, 2010-Ohio-2902 (10th Dist. 2010); Sessley v. Wells Fargo Bank, N.A., 2012 U.S. Dist. LEXIS 29661 (S.D. Ohio Mar. 6, 2012)
• Westbrook v. Swiatek, 2010-Ohio-2868, 2010 Ohio App. LEXIS 2375 (5th Dist. June 16, 2010)
• Sparks v. Bowling, 2009-Ohio-5071, 2009 Ohio App. LEXIS 4286 (Sept. 28, 2009)
• Terry v. Hancock-Wood Electric Cooperative, 2009-Ohio-4925, 2009 Ohio App. LEXIS 4159 (6th Dist. Sept. 18, 2009)
• Fleisher v. Ford Motor Co., 2009 Ohio App. LEXIS 3270 (Aug. 4, 2009)
• NetJets Aviation, Inc. v. LHC Communications, LLC, 537 F.3d 168 (2d Cir. 2008)
• G. Jeff Mennen & Wilmington Trust Co. v. Onkyo Corp., 248 Fed. Appx. 112 (11th Cir. 2007)
• Securities and Exchange Commission v. Blackwell, 477 F. Supp. 2d 891 (S.D. Ohio 2007)
• United States v. Blackwell, 459 F.3d 739 (6th Cir. 2006)
• Wedgewood Limited Partnership I v. Township of Liberty, 456 F. Supp. 2d 904 (S.D. Ohio 2006); Wedgewood Limited Partnership I v. Township of Liberty, 2007 U.S. Dist. LEXIS 45135 (S.D. Ohio June 21, 2007); Wedgewood Limited Partnership I v. Township of Liberty, 578 F. Supp. 2d 941 (S.D. Ohio 2008); Wedgewood Limited Partnership I v. Township of Liberty, 610 F.3d 340 (6th Cir. 2010)
• Wedgewood Limited Partnership I v. Liberty Township Board of Zoning Appeals, 169 Ohio App. 3d 840 (5th Dist. 2007); Wedgewood Limited Partnership I v. Liberty Township Board of Zoning Appeals, 187 Ohio App. 3d 24, 2010-Ohio-2068 (5th Dist. 2010)
• Verizon Florida, Inc. v. 1st National Cash Refund, Inc., 204 Fed. Appx. 522 (6th Cir. 2006)
• Thornton v. Salak, 112 Ohio St. 3d 254 (2006), affirming Thornton v. Salak, 2005 Ohio App. LEXIS 1558 (5th Dist. Mar. 28, 2005)
• Welsh v. Indiana Insurance Co., 2005 Ohio App. LEXIS 1116 (5th Dist. Mar. 7, 2005)
• RFC Capital Corp. v. EarthLink, Inc., 2004 Ohio App. LEXIS 6507 (10th Dist. Dec. 23, 2004)
• In Re: Petition to Annex 100.642 Acres, 2004 Ohio App. LEXIS 6576 (5th Dist. Dec. 20, 2004)
• CitiFinancial Mortgage Company v. Carson, 2004 Ohio App. LEXIS 5874 (10th Dist. Dec. 2, 2004)
• Hayman v. DiLoretto, 2004 Ohio App. LEXIS 2995 (7th Dist. June 21, 2004)
• Solove v. Westerville City Council, 2002 Ohio App. LEXIS 2926 (10th Dist. June 13, 2002)
• Jackson v. Columbus, 194 F.3d 737 (6th Cir. 1999), overruled in part, sub nom. Swierkiewicz v. Sorema N.A., 534 U.S. 506 (2002)
• Jackson v. Columbus, 156 Ohio App. 3d 114 (10th Dist. 2004)
• Schutte v. Danis Cos., 141 Ohio App. 3d 824 (2d Dist. 2001)
• Bureau of Workers' Compensation v. Key Bank N.A., 140 Ohio App. 3d 698 (10th Dist. 2000)
• Shanker v. Columbus Warehouse Limited Partnership, 2000 Ohio App. LEXIS 2391 (10th Dist. June 6, 2000)
• Bauer v. Huntington National Bank, 2000 Ohio App. LEXIS 412 (10th Dist. Feb. 10, 2000)
• Chicago Title Insurance Co. v. Huntington National Bank, 87 Ohio St. 3d 270 (1999)
• Charvat v. Colorado Prime, 1998 Ohio App. LEXIS 4292 (10th Dist. Sept. 17, 1998)
• Brooks v. Ohio State Anesthesia Corp., 1996 Ohio App. LEXIS 3662 (10th Dist. Aug. 29, 1996)

• "Ask The Expert" · Columbus Business First, August 10, 2007
• "To the Bar By the Scenic Route" · Bar Briefs, Columbus Bar Association, Oct. 2002
• Comment, "United States v. Ferguson: The Sixth Circuit Adds a Third Test for Pretextual Police Conduct" · Ohio State Law Journal, 1995

• Together with former Ohio State Solicitor, present annual continuing legal education program on key decisions of term by United States Supreme Court
• Presenter and Panelist, "Taking and Defending Effective Depositions" (Ohio State Bar Association, Columbus and Cleveland, Ohio, June 16, 2010, June 16, 2011, June 23, 2011, June 6, 2012, June 13, 2012)
• Panelist, "Practicing in the Sixth Circuit U.S. Court of Appeals" (Dayton Bar Association, December 12, 2006)
• Panelist, “The Battle Over Big Boxes: Zoning and Referendum Issues that Arise in Such Matters” (presented at “Resolving Land Use Disputes” seminar, Columbus, Ohio, April 22, 2004)

• Martindale-Hubbell, AV-rated
• Represented low-income homeowner in fraud action against local metropolitan housing authority and its lawyer, which representation earned firm Columbus Bar Association’s 2002 Award for Outstanding Pro Bono Service By a Law Firm, and recognition by bar and general circulation media.