Scott A. King

Practices

• Business Litigation
• Emerging Technologies
• Product Liability Litigation

Professional Experience

Scott is a partner in the firm's Business Litigation and Product Liability Litigation practice groups. He focuses his practice on representing financial institutions and corporations in Uniform Commercial Code matters, including warranty law, sales, commercial paper and secured transactions, class actions, 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 Michael E. Moritz College of Law, J.D., 1986, with honors, Order of the Coif
• The Ohio State University, B.A., 1983

• Scott has represented financial institutions and mortgage servicers, both in individual and class actions, in a variety of cases, including commercial foreclosures, commercial collection and replevin, cases alleging wrongful/abusive collection tactics, wrongful repossession, wrongful foreclosure, tortious interference, conspiracy, defamation, preference, and violations of the Consumer Sales Practices Act, Equal Credit Opportunity Act, Fair Credit Reporting Act, Fair Debt Collection Practices Act, Real Estate Settlement Procedures Act, Retail Installment Sales Act, Second Mortgage Loan Act and the Truth In Lending Act.
• Scott has represented automobile manufacturers, automobile dealers and automobile financing companies, defending claims brought under the Consumer Sales Practices Act, Deceptive Trade Practices Act, Home Solicitation Sales Act, Magnuson Moss Warranty Act, Retail Installment Sales Act, and the Truth In Lending Act in both individual and class actions.
• Scott has prosecuted actions against mortgage brokers, appraisers and title companies for negligence, conspiracy and fraud in connection with the purchase and sale of residential mortgage loans on the secondary market.
• Scott has represented purchasers, suppliers and manufacturers in product liability commercial breach of warranty actions, including actions arising from allegedly defective aircraft hoses; aluminum can manufacturing equipment; automobiles, including brakes, electrical systems, seats, tires, 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 manufacturers in numerous employer intentional tort cases, 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
• Financial Institution/Consumer Law
• Flagstar Bank, FSB v. Airline Union Mortgage Co., 2011-Ohio-1961 (Ohio Supreme Court 2011) (setting statute of limitations for bank's claim against appraiser of collateral).
• Alexander v. Wells Fargo Financial Ohio I, Inc., 122 Ohio St.3d 341, 2009 Ohio 2962 (Ohio Supreme Court 2010), on remand, 2009-Ohio-4873 (obtaining a dismissal of a class action based on a class action waiver in a consumer arbitration agreement).
• Deutsche Bank Nat'l Trust v. Oyortey, 2012-Ohio-1616 (Ohio 10th Dist. Court of Appeals ("inequitable" foreclosure as grounds for relief under 60(B)).
• U.S. Bank N.A. v. Marino, 2012-Ohio-1487 (Ohio 5th Dist. Court of Appeals) (lack of standing as grounds for relief under 60(B)).
• Bank of New York Mellon v. Ackerman, 2012-Ohio-956, Ohio 2nd. Dist. Court of Appeals (loan modification negotiations as a defense to foreclosure).
• J. Bowers Construction Co., Inc. v. Vinez, 2012-Ohio-1487 (Ohio 5th Dist. Court of Appeals), (Federal Express as service of process).
• Wells Fargo Home Mortgage Inc. v. Landram, 2012-Ohio-1088 (Ohio 2nd Dist. Court of Appeals (modification discussions as grounds for relief under 60(B)).
• Wells Fargo Bank v. Allen, 2012-Ohio-175, Ohio 8th Dist. Court of Appeals (final appealable order for mortgage foreclosure).
• Wells Fargo Bank v. Schwartz, 2012-Ohio-917, Ohio 8th Dist. Court of Appeals (effect of a discrepancy in a release of mortgage on priority).
• Bank of America v. Jimenez, 2011-Ohio-5606, Ohio 5th District Court of Appeals (standards for relief from judgment).
• Foster v. Wells Fargo Fin. Ohio, Inc., 2011-Ohio-4632, Ohio 8th Dist. Court of Appeals (statute of limitations for breach of finance contract).
• Washington Mut. Bank, F.A. v. Wallace, 2011-Ohio-4174, Ohio 12th Dist. Court of Appeals (mortgagee standing to sue for foreclosure).
• Wells Fargo Bank N.A. v. Perkins, 2011-Ohio-3790, Ohio 10th Dist. Court of Appeals (mortgagee liability for failing to approve short sale).
• Federal Home Loan Mortgage Corporation v. Schwartzwald, 2011-Ohio-2681, Ohio 2nd Dist. Court of Appeals (mortgagee standing to sue for foreclosure).
• U.S. Bank N.A. v. Gullotta, 2011-Ohio-2235, Ohio 5th Dist. Court of Appeals (effect of multiple voluntary dismissals of a claim to recover the balance due on an accelerated note).
• Deutsche Bank Nat'l Trust Co. v. Greene, 2011-Ohio-218, Ohio 6th Dist. Court of Appeals (mortgagee standing to sue for foreclosure).
• U.S. Bank N.A. v. Marcino, 2010-Ohio-6512, Ohio 7th Dist. Court of Appeals (effect of sale of foreclosed property on appellate jurisdiction).
• U.S. Bank N.A. v. Duvall, 2010-Ohio-6478, Ohio 8th Dist. Court of Appeals (mortgagee standing to sue for foreclosure).
• U.S. Bank N.A. v. Perry, 2010-Ohio-6171, Ohio 8th Dist. Court of Appeals (mortgagee standing to sue for foreclosure).
• Wells Fargo Fin. Ohio 1 Mtge. Group v. Lieb, 2010-Ohio-6111 and 2011-Ohio-1988, Ohio 2nd Dist. Court of Appeals (effect of appellate review on trial court jurisdiction; enforcement of mortgage in the absence of notary acknowledgement).
• Wells Fargo Bank, N.A. v. Isaacs, 2010-Ohio-5811, Ohio1st Dist. Court of Appeals (requirements under HUD regulations for pre-foreclosure face-to-face meeting).
• UBS Real Estate Secs., Inc. v. Teague, 2010-Ohio-5634, Ohio 2nd Dist. Court of Appeals (standards for motion for relief from judgment).
• U.S. Bank, N.A. v. Minter, 2010-Ohio-5609, Ohio 8th Dist. Court of Appeals (appropriate scope of discovery sanctions).
• Flagstar Bank, FSB v. Sellers, 2010-Ohio-3951, Ohio 12th Dist. Court of Appeals (piercing corporate veil of a mortgage broker in connection with loans sold on the secondary market).
• Wells Fargo Bank, N.A. v. Walker 2010-Ohio-3698, Ohio 10th Dist. Court of Appeals (setting standards for notice to accelerate balance due under a promissory note).
• Cleveland Housing Renewal Project, Inc. v. Well Fargo Bank, N.A., 2010-Ohio-2351, Ohio 8th Dist. Court of Appeals (obtaining dismissal of public nuisance action brought as a result of a bank's ownership and sale of inner city property acquired through foreclosure).
• Wells Fargo Bank, N.A. v. Miles, 2010-Ohio-2350, Ohio 8th Dist. Court of Appeals (dismissal of counterclaim in a foreclosure action).
• Wells Fargo Bank, N.A. v. Smith, 2009-Ohio-6576, Ohio 10th Dist. Court of Appeals (foreclosure decree as final appealable order).
• Betty Wallace v. Washington Mutual Bank, N.A., Case No. 1:09-cv-00481, U.S. Dist. Court, S.D. Ohio April, 2010 (dismissal of Fair Debt Collection Practices Act claim against national bank and mortgage servicer).
• US Bank N.A. v. Bayless, 2009 Ohio 6115, Ohio 5th Dist. Court of Appeals (mortgagee standing to sue for foreclosure).
• Harker v. Countrywide Home Loans, Inc., Case 3:08-ap-03192, S.D. Ohio Bankr. September 9, 2009 (dismissing nationwide class action by bankruptcy trustee seeking to void first mortgages because of failure to file assignment).
• Noland v. Wells Fargo Bank, N.A., 35 B.R. 33 S.D. Ohio Bankr. 2008 (dismissing nationwide 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, Ohio 10th Dist. Court of Appeals (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 against financial institution based upon report to MARI).
• Mominey v. Union Escrow Corp., 2003 Ohio App. LEXIS 5275 (2003), Ohio 8th Dist. Court of Appeals (class action, affirming denial of class certification).
• McCann v. New Century Mortgage Corporation, 2003 Ohio App. LEXIS 2472 (2003), Ohio 8th Dist. Court of Appeals (enforceability of arbitration provision in a consumer lending agreement).
• Marzluff v. Verizon Wireless, 151 Ohio App. 3d 733, 785 NE 2d 805 (2003), Ohio 2nd Dist. Court of Appeals (employer liability under Fair Credit Reporting Act).
• Jenkins v. Fidelity Financial Services, 1999 Ohio App. LEXIS 5696 (1999), Ohio 8th Dist. Court of Appeals (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), Ohio 2nd Dist. Court of Appeals (financial institution liability under Equal Credit Opportunity Act).
• Harris v. Brown, 1995 Ohio App. LEXIS 4802 (1995), Ohio 2nd Dist. Court of Appeals (lender liability for wrongful foreclosure).
• Star Bank N.A. v. Fisher Development Corp., 1993 Ohio App. LEXIS 2809 (1993), Ohio 2nd Dist. Court of Appeals (priority of mortgage over special assessments).
• Star Bank N.A. 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), Ohio 2nd Dist. Court of Appeals (enforceability of loan documents).
• 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).
• Meadows v. Air Cratt Wheels, LLC, 2012-Ohio-269, Ohio 8th Dist. Court of Appeals (corporate seller's liability for injury to buyer's employee).
• Moebius v. General Motors Corporation, 2002 Ohio App. LEXIS 4051 (2002), Ohio 2nd Dist. Court of Appeals (employer international tort, commercial spray painting machine).
• Jones v. Conrad, 2001 Ohio App. LEXIS 3897 (2001), Ohio 2nd Dist. Court of Appeals (employer liability for fibromyalgia).
• Kain v. Conrad, 139 Ohio App. 3d 460, 744 N.E.2d 245 (2000), Ohio 2nd Dist. Court of Appeals (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), Ohio 2nd Dist. Court of Appeals (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).
• Commercial Real Estate
• MJM Enterprises Inc. v. Laing, 2006 Ohio 4011, Ohio 2nd Dist. Court of Appeals (enforceability of restrictive covenants)
• Wyse v. Ameritech Corp., 2004 Ohio 1015, 2004 Ohio App LEXIS 898 (2004), Ohio 2nd Dist. Court of Appeals (eminent domain).
• Builders Services v. Habitat Condo. Owners' Asso., 1999 Ohio App. LEXIS 104 (1999), Ohio 2nd Dist. Court of Appeals (slander of title, condominium law).
• Upper Krust South v. School Employees Retirement Board, 1996 Ohio App. LEXIS 829 (1996), Ohio 2nd Dist. Court of Appeals (commercial landlord tenant).
• Bloom v. Third Lima Corp., 1994 Ohio App. LEXIS 4802 (1994), Ohio 3rd Dist. Court of Appeals (commercial landlord tenant, shopping center foreclosure).
• Alamain v. Trombley, 1988 Ohio App. LEXIS 193 (1988), Ohio 2nd Dist. Court of Appeals (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), Ohio 2nd Dist. Court of Appeals (majority shareholder/breach of fiduciary duty).
• Jordan v. Armsway Tank Transport, Inc., 2004 Ohio App. LEXIS 249 (2004), Ohio 2nd Dist. Court of Appeals (uninsured motorists coverage under commercial auto policy).
• Bundy v. Five Rivers Metroparks, 152 Ohio App. 3d 426, 2003 Ohio App. LEXIS 1687 (2003), Ohio 2nd Dist. Court of Appeals (municipal liability for escaped animals).
• Schutte v. Danis Cos., 141 Ohio App. 3d 824 (2001), Ohio 2nd Dist. Court of Appeals (majority shareholder/breach of fiduciary duty).
• Hawkins Pro-Cuts v. Garcia, 1998 Ohio App. LEXIS 96 (1998), Ohio 2nd Dist. Court of Appeals (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), Ohio 2nd Dist. Court of Appeals (standard for writ of mandamus).
• Centerville v. Curran, 1992 Ohio App. LEXIS 304 (1992), Ohio 2nd Dist. Court of Appeals (constitutionality of economic development ordinance).
• Anderson v. CSX Transp., 74 Ohio App. 3d 365, 599 N.E.2d 278 (1991), Ohio 2nd Dist. Court of Appeals (municipal liability for vegetation obstructing rail crossing).
• Peterson Howell & Heather v. Hughes, 1987 Ohio App. LEXIS 990 (1987), Ohio 2nd Dist. Court of Appeals (reformation of commercial insurance policy).

• "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

• "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
• "Preventing and Recognizing Appraisal Fraud: How to Maintain Integrity in the Appraisal Market," ACI Sixth Annual National Mortgage Fraud Conference, 2010
• "Mortgage Fraud Litigation," American Bar Association, 2011

• Martindale-Hubbell AV "Preeminent" Peer Review Rated Lawyer
• Selected for inclusion in Super Lawyers by Ohio Super Lawyer magazine from 2005-2012