Scott’s significant litigation matters include:
Supreme Court of the United States
- Successfully petitioned for certiorari, and briefed and argued the merits, in Patchak v. Zinke (separation of powers)
- Briefed and argued the merits in Rotkiske v. Klemm (statute of limitations under the Fair Debt Collection Practices Act)
- Successfully briefed the merits in Cassirer v. Thyssen-Bornemisza Collection Foundation (Foreign Sovereign Immunities Act) (9-0 decision, 2022)
- Successfully petitioned for GVR—granting certiorari, vacating judgment, and remanding to the court of appeals—in Cassirer v. Thyssen-Bornemisza Collection Foundation, based on change in law (2025)
- Successfully opposed petition for certiorari in The North American Mission Board of the Southern Baptist Convention, Inc. v. McRaney, after eight Fifth Circuit judges called for rehearing en banc, and despite numerous amicus briefs supporting petitioner, including briefs from leading professors and sixteen states (Free Exercise)
- Counsel for Respondent in Friends of the Earth v. Laidlaw (constitutional standing)
- Represented former Chief Justices of Texas and Alabama as amici curiae in Yulee-Williams v. Florida Bar, opposing a First Amendment challenge to Florida’s rule prohibiting judicial election candidates from personally soliciting campaign contributions
- Represented members of Congress as amici curiae in the landmark Second Amendment case, District of Columbia v. Heller
Litigation Representing Defendants
- Representing Sierra Club against claims by ExxonMobil for defamation, business disparagement, tortious interference and conspiracy
- Representing Copart in putative class action asserting claims under California’s Unfair Competition Law and False Advertising Law, and for fraud, deceit, and negligent misrepresentation
- Representing Chipotle in putative class action asserting claims under Washington State’s Pay Transparency Law
- Representing Airbnb against claim under the Helms Burton Act, including developing and litigating challenge to the constitutionality of the Act’s private right of action
- Represented HSBC-Hong Kong as a creditor in bankruptcy proceedings concerning the China Fishery Group, including an adversary proceeding against HSBC-Hong Kong, asserting claims under Peruvian, Hong Kong, and U.S. law
- Trial victory defending journalists Sir Harold Evans and Tina Brown against claims by the bankruptcy estate trustee for a former financial advisor
- Dow Chemical during a month-long jury trial in a federal antitrust class action alleging price-fixing, and in post-trial proceedings
- Obtained dismissal of claims against executives and employees of Corrective Education Company, in a putative class action asserting RICO claims
- Obtained summary judgment at the district court, and affirmance in the Eleventh Circuit, for Delta Air Lines in an antitrust case brought by a class of customers alleging an unlawful agreement to impose bag fees
- Successfully defended Duke, Emory, Georgetown, Harvard, and USC against Sherman Act and RICO claims that their law schools conspired with bar exam preparation company BarBri to stifle competition for classes targeting foreign L.L.M. graduates
- Successfully defended Georgetown University against claims brought by District of Columbia mayoral candidate challenging exclusion from debate
- Successfully defended Amazon.com against patent infringement claims
- Successfully defended DuPont and Pioneer Hi-Bred in nearly 20 federal and state putative class actions concerning the sale of genetically modified seeds
Litigation Representing Plaintiffs
- Representing direct action plaintiffs (including Target, Campbell’s, and Berkshire Hathaway subsidiary McLane) in an antitrust case concerning broiler chickens—and served for seven years as Liaison Counsel for direct action plaintiffs
- Representing General Electric as direct action plaintiff in an antitrust case concerning rail freight transportation
- Represented waste disposal operator Twin Bridges prosecuting attempted monopolization claims against competitor Waste Connections
- Represented Sysco, Target, and US Foods as direct action plaintiffs in an antitrust price-fixing case concerning packaged tuna
- Represented clients as direct action plaintiffs in antitrust cases concerning pork, beef, and turkey
- Served as co-lead counsel for class plaintiffs in an antitrust case asserting Section 1 claims against the leading providers of contact lenses for sale online ($40 million in settlements)
- Served as co-lead counsel for class plaintiffs in an antitrust case concerning price-fixing of municipal derivatives ($220 million in settlements)
- Served as co-lead counsel for class plaintiffs in an antitrust and patent case concerning purchases of an enzyme critical for replicating DNA ($33 million settlement)
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