Biography

    About Scott

    Scott Moriarity litigates complex employment and class action disputes throughout the United States, helping clients vindicate their rights against large, well-funded adversaries. He has formulated winning strategies in major employment and products liability litigation and achieved lasting results for his clients. Scott also handles ERISA benefit disputes and advises key employees about their executive compensation and benefits.

    Scott is an active member of the Federal Bar Association and the Minnesota State Bar Association. He supports numerous community organizations and volunteers for Cancer Legal Care, the League of Women Voters, and In the Heart of the Beast Mask and Puppet Theater. Scott can also be found playing jazz trombone at local clubs and festivals.

    Education

    William Mitchell College of Law, St. Paul, MN, J.D. cum laude; Staff Editor and Editorial Board Member, William Mitchell Law Review
    University of Minnesota, Minneapolis, B.M.; Presidential Scholar

    Admissions

    Minnesota Supreme Court
    U.S. Court of Appeals, 1st Circuit
    U.S. Court of Appeals, 3rd Circuit
    U.S. Court of Appeals, 6th Circuit
    U.S. Court of Appeals, 7th Circuit
    U.S. District Court, Central District of Illinois
    U.S. District Court, District of Minnesota

    Professional Memberships

    Federal Bar Association, Minnesota Chapter, Member
    Minnesota State Bar Association, Labor & Employment Law Section
    Minnesota Association for Justice
    Hennepin County Bar Association

    Honors and Awards

    Super Lawyers® Super Lawyer, Class Action/Mass Torts, 2021

    Publications and Presentations

    Counseling Executives & Key Employees About Employment Agreements, Presenter, Mitchell Hamline School of Law Alumni CLE Series, Sept. 15, 2021
    Making the Best Claim for ERISA Disability Benefits, Minnesota Trial, Author, Spring 2019
    ERISA Long-Term Disability Benefits: Deemed Exhaustion and Judicial Review Under the New 2017 Regulations, ERISA Report, Author, Dec. 2017
    Copyright for Artists, Minneapolis Community & Technical College, Presenter, Nov. 2, 2017
    Good Data, Bad Decisions: What Neuroscience Teaches Us about Legal Advocacy, Minnesota CLE Webcast, Presenter, Apr. 14, 2016
    A Quick Introduction to Intellectual Property, TwinWest Power Partners, Presenter, Nov. 3, 2014
    Responsible Hiring and Firing, TwinWest Power Partners, Presenter, Apr. 6, 2014
    Document Retention Policies 101, TwinWest Power Partners, Presenter, Aug. 5, 2013
    Anna Nicole Smith Returns to the Supreme Court: Stern v. Marshall and Article I Jurisdiction, 38th Annual FBA Federal Practice Seminar, Minnesota Chapter of the Federal Bar Association, Moderator, June 28, 2012
    Prepare to Be Boarded: Are Your Visitors Pirates? Online Piracy and Copyright Law, Presentation Author, April 2012

    Representative Cases

    Eric Berg et al. v. Wendy Brown, Allan Brown et al., 27-CV-18-19715 (Dist. Ct. Minn Feb 7, 2020) (following trial, jury found in favor of plaintiff on claims of breach of contract and fraud by defendant with damages awarded to plaintiff)

    Carr v. Flowers Foods, Inc., Nos. 15-6391, 16-2581 (E.D. Pa. May 8, 2019) (formulated successful arguments for class certification on behalf of bakery delivery drivers in Maryland, New Jersey, and Pennsylvania)

    Noll v. Flowers Foods, Inc., No. 19-8001 (1st Cir. Apr. 3, 2019) (on behalf of class of bakery delivery drivers, defeated manufacturer’s challenge to class certification)

    Johnson v. Thomson Reuters, No. 18-70 (D. Minn. Mar. 19, 2019) (obtained settlement for unpaid overtime on behalf of group of online-service account managers)

    Jalin Realty Capital Advisors, LLC v. Hartford Cas. Ins. Co., No. 11-165 (D. Minn. May 16, 2018) (successfully argued for six-figure attorney fee award against perpetrator of frivolous trademark claims)

    Banks Feed, LLC v. Ani-Logics Outdoors, LLC, No. 16-5225 (W.D. Ark, Jan. 4, 2017): On behalf of defendant manufacturer, negotiated early settlement of trademark infringement suit

    Nagel v. United Food & Commercial Workers Union, Local 653, No. 18-1053 (D. Minn. Mar. 4, 2019) (defeated union's motion to dismiss, allowing members to proceed with duty of fair representation claim relating to lost retirement benefits)

    In re Hardieplank Fiber Cement Siding Litigation, No. 12-2359 (D. Minn. Dec. 16, 2016) (coordinated and supervised six law firms’ contributions to ten summary judgment oppositions in multi-district litigation; edited and filed summary judgment oppositions and led opposing arguments)

    Homes for Heroes, Inc. v. D&C Moore, Inc., No. 16-2750 (S.D. Cal. Dec. 6, 2016) (investigated, drafted, and filed motion for preliminary injunction against trademark infringer, who later defaulted)

    In re National Collegiate Student Loan Trusts, No. 16-775 (D. Minn. May 10, 2016) (advised owner-trustee of student loan derivatives on application of Minnesota trust laws and procedures)

    In re Hardieplank Fiber Cement Siding Litigation, No. 12-2359 (D. Minn. Nov. 16, 2015) (identified key document, negated adverse party’s claim of attorney-client privilege, and defeated clawback efforts)

    In re IKO Roofing Shingle Products Liability Litigation, 757 F.3d 599 (7th Cir. 2014) (formulated strategy and drafted petition for legal team that successfully appealed denial of class certification against property owners)

    Holbrook v. Louisiana-Pacific Corp., No. 12-4166 (6th Cir. July 12, 2013) (successfully appealed dismissal, allowing homeowner to pursue claim against maker of defective trimboard product)

    Allstate Property & Casualty Ins. Co. v. Linea Latina de Accidentes, No. 09-3681 (D. Minn. Aug. 12, 2011) (won motion to compel documents from insurance company, with court awarding attorney fees and costs)