Scott is a partner in the firm's Business Litigation and Product Liability Litigation practice groups. He focuses his practice on Uniform Commercial Code matters, including warranty law, sales, commercial paper and secured transactions, creditors' rights and lender liability, employer intentional tort, product liability, intellectual property and general commercial litigation.

Scott is admitted to practice before the following courts: Ohio; United States District Court, Southern and Northern Districts of Ohio; United States District Court, Eastern and Western Districts of Michigan; United States Circuit Courts of Appeal, Fifth Circuit, Sixth Circuit and Federal Circuit, and United States Supreme Court.

Education

  • The Ohio State University Moritz College of Law, J.D., 1986, with honors, Order of the Coif
  • The Ohio State University, B.A., 1983

Representative Matters

  • Scott has represented purchasers, suppliers and manufacturers in product liability/commercial breach of warranty actions, including actions arising from allegedly defective air craft hoses; aluminum can manufacturing equipment; automobiles, including brakes, electrical systems, seats, wheels and rollover resistance; carbonless paper equipment; computer software; electrical switches; forklifts; handgun accessories; hot chocolate machines; industrial pumps; industrial shears; industrial tension levelers; infant car seats; lathes; mobile homes; miter saws; press controls; smokestack panels, tractors, valves; vision testing machines; wire harness socks; and x-ray machines.
  • Scott has represented automobile manufacturers, automobile dealers and automobile financing companies defending claims brought under the Consumer Sales Practices Act, Deceptive Trade Practices Act, Equal Credit Opportunity Act, Fair Credit Reporting Act, Fair Debt Collection Practices Act, Home Solicitation Sales Act, Magnuson Moss Warranty Act, Real Estate Settlement Procedures Act, Retail Installment Sales Act, Second Mortgage Loan Act and the Truth In Lending Act in both individual and class actions.
  • Scott has represented financial institutions in commercial foreclosures, commercial collection and replevin cases, wrongful/abusive collection tactics cases, wrongful repossession, wrongful foreclosure, tortious interference, conspiracy, defamation and preference claims in both individual and class actions.
  • Scott has prosecuted actions against mortgage brokers, appraisers and title companies for fraud in connection with the sale of residential mortgage loans on the secondary market.
  • Scott has represented employers in numerous employer intentional tort cases, including cases arising in the aircraft, aluminum, automobile, chemical, convenience store, forging, meat packing, rubber, steel, and transportation industries.
  • Scott has asserted and defended claims for patent, copyright and trademark infringement and trade secret misappropriation.
  • Scott has represented manufacturers and franchisors in terminated distributorship and franchise cases.
  • Scott has prosecuted and defended breach of fiduciary duty, minority shareholder freeze out, preemptive rights, oppression, wrongful termination and tortious interference claims for and against closely held corporations.
  • REPORTED CASES
  • Employer Intentional Tort/Employer Liability
  • Mitchell v. Lawson Milk Co., 40 Ohio St. 3d 190, 532 N.E.2d 753 (1989) (setting forth standards for dismissal of employer intentional tort complaint).
  • Johnson v. BP Chemicals Inc., 85 Ohio St. 3d 298, 707 N.E.2d 1107 (1999) (constitutionality of employer intentional tort legislation).
  • Moebius v. General Motors Corporation, 2002 Ohio App. LEXIS 4051 (2002) (employer international tort, commercial spray painting machine)
  • Jones v. Conrad, 2001 Ohio App. LEXIS 3897 (2001) (employer liability for fibromyalgia).
  • Kain v. Conrad, 139 Ohio App. 3d 460, 744 N.E.2d 245 (2000) (employer liability for employee heart attack).
  • Osborn v. Ohio Bureau of Workers' Comp., 134 Ohio App. 645, 731 N.E.2d 1189 (1999) (employer liability for employee drug overdose).
  • Grubbs v. Emery Air Freight Corp., 1999 Ohio App. LEXIS 6038 (1999) (employer intentional tort, fork truck accident).
  • Intellectual Property
  • Textile Productions v. Mead Corporation, 134 F.3d 1481 (Fed. Cir. 1998) (standing requirements to assert patent infringement claim).
  • Hanson Pipe & Products, Inc. v. Bridge Technologies, Inc., 351 F. Supp. 2d 603 (E.D. Texas 2004), affirmed, 2005 U.S. App. LEXIS 28529 (5th Cir. 2005) (long arm jurisdiction in trademark matters).
  • Financial Institution/Consumer Law
  • Alexander v. Wells Fargo Financial Ohio I, Inc., 2009 Ohio 2962 (enforceability of consumer arbitration agreement)
  • Noland v. Wells Fargo Bank, N.A. 35 B.R. 33 (S.D. Ohio Bankr. 2008) (dismissing class action by bankruptcy trustee seeking to void first mortgages because of failure to file assignment)
  • Pyle v Wells Fargo Financial, 2005 Ohio 6478, 2005 Ohio App LEXIS 5812 (enforceability of consumer arbitration agreement)
  • Prime Time Mortgage Co. v. Flagstar Bank, FSB, 2005 U.S. Dist. Lexis 9354 (S.D. Ohio 2005) (dismissing libel claim based upon report to MARI)
  • Mominey v. Union Escrow Corp., 2003 Ohio App. LEXIS 5275 (2003) (class action, affirming denial of class certification)
  • McCann v. New Century Mortgage Corporation, 2003 Ohio App. LEXIS 2472 (2003) (enforceability of arbitration agreement in consumer lending agreement).
  • Marzluff v. Verizon Wireless , 151 Ohio App. 3d 733, 785 NE 2d 805 (2003) (employer liability under Fair Credit Reporting Act).
  • Jenkins v. Fidelity Financial Services, 1999 Ohio App. LEXIS 5696 (1999) (class action, statute of limitations for failure to release mortgage)
  • Riley v. SNECMA, Inc., 105 F.Supp 2d 793 (S.D. Ohio 1999) (application of bankruptcy stay to piercing corporate veil claim).
  • Liberty Savings Bank FSB v. Sortman, 1998 Ohio App. LEXIS 1667 (1998) (financial institution liability under Equal Credit Opportunity Act).
  • Harris v. Brown, 1995 Ohio App. LEXIS 4802 (1995) (lender liability for wrongful foreclosure).
  • Star Bank NA v. Reveal, 148 B.R. 288 (S.D. Ohio Bankr. 1992) (enforceability of loan documents).
  • Huntington National Bank v. Brown, 1988 Ohio App. LEXIS 1338 (1988) (enforceability of loan documents).
  • Commercial Real Estate
  • MJM Enterprises Inc. v. Laing, 2006 Ohio 4011 (enforceability of restrictive covenants)
  • Wyse v Ameritech Corp., 2004 Ohio 1015, 2004 Ohio App LEXIS 898 (2004) (equipment domain)
  • Builders Services v. Habitat Condo. Owners' Asso., 1999 Ohio App. LEXIS 104 (1999) (slander of title, condominium law).
  • GZK, Inc. v Schumaker L.P., 2003 Ohio 5842, 2003 Ohio App LEXIS 5202 (2003) (right of first refusal)
  • Upper Krust South v. School Employees Retirement Board, 1996 Ohio App. LEXIS 829 (1996) (commercial landlord tenant).
  • Bloom v. Third Lima Corp., 1994 Ohio App. LEXIS 4802 (1994) (commercial landlord tenant, shopping center foreclosure).
  • Star Bank N.A. v. Fisher Development Corp., 1993 Ohio App. LEXIS 2809 (1993) (priority of mortgage over special assessments).
  • Alamain v. Trombley, 1988 Ohio App. LEXIS 193 (1988) (seller's liability under warranty deed).
  • Other
  • Littleton v. Good Samaritan Hospital, 39 Ohio St. 3d 86, 529 N.E.2d 449 (1988) (setting forth standards for psychiatric malpractice in releasing voluntary mental patient).
  • Shah v Cardiology South Inc., 2005 Ohio 211, 2005 Ohio App LEXIS 195 (2005) (majority shareholder/breach of fiduciary duty)
  • Jordan v. Armsway Tank Transport, Inc., 2004 Ohio App. LEXIS 249 (2004) (uninsured motorists coverage under commercial auto policy)
  • Bundy v. Five Rivers Metroparks, 152 Ohio App. 3d 426, 2003 Ohio App. LEXIS 1687 (2003) (municipal liability for escaped animals).
  • Schutte v. Danis Cos., 141 Ohio App. 3d 824 (2001) (majority shareholder/breach of fiduciary duty).
  • Hawkins Pro-Cuts v. Garcia, 1998 Ohio App. LEXIS 96 (1998) (wrongful termination of franchise).
  • Nordisk Aluminum Als v. Stolle Corp., 1995 U.S. Dist LEXIS 22179 (S.D. Ohio 1995) (enforcing consequential damage limitation/commercial breach of warranty).
  • State ex rel. Farley v. McIntosh, 134 Ohio App. 3d 531 (1998) (Standard for writ of mandamus)
  • Centerville v. Curran, 1992 Ohio App. LEXIS 304 (1992) (constitutionality of economic development ordinance).
  • Anderson v. CSX Transp., 74 Ohio App. 3d 365, 599 N.E.2d 278 (1991) (municipal liability for vegetation obstructing rail crossing).
  • Peterson Howell & Heather v. Hughes, 1987 Ohio App. LEXIS 990 (1987) (reformation of commercial insurance policy).

Professional & Civic Involvement

Professional Associations

Ohio State Bar Association
Dayton Bar Association

Community Activities

Dayton Volunteer Lawyers Project, 2004 Recipient, Award of Excellence for pro bono representation
Dayton Bar Association · Committee on Civil Trial Practice and Alternative Dispute Resolution, Vice Chair (1995-96) and Chair (1996-97)
Dayton Bar Association · Bench-Bar Conference
Centerville Baseball League, Girls Fast Pitch Coach, 1999-2005

Publications

  • "Ohio Consumer Sales Practices Act" · Ohio Consumer Law for the Practitioner, PESI, 1989
  • "Representing a Business in Consumer Cases" · Ohio Consumer Law for the Practitioner, PESI, 1989
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Presentations

  • "Representing a Business in Consumer Cases", PESI, 1989
  • "Ohio Consumer Sales Practices Act", PESI, 1989; Dayton Volunteers Lawyers Project 1992, 1993, 1994
  • "Taking and Defending Depositions", Civil Litigation in Ohio, Ohio CLE Institute, 1990
  • "Preventing and Defending Mold Claims - A Litigator's Perspective", Lorman, 2002
  • "Becoming an Expert on Being an Expert", Ohio Society of Certified Public Accountants, 2006
  • "Picking up the Phone" , National Fraud Issues Conference 2006, Mortgage Bankers Association, 2006

Awards & Honors

  • Selected for inclusion in Super Lawyers by Ohio Super Lawyer magazine from 2005-2008 and 2010