Scott defends companies against product-liability and consumer-fraud cases, whether brought individually or as mass actions. Scott is a principal author of the Missouri and Kansas Class Action Law blog dedicated to discussing developments in class actions and complex litigation, with particular emphasis on Missouri and Kansas. Scott has experience defending a variety of industries and products, ranging from airlines to tobacco companies to drywall to heating blankets to Teflon-coated cookware to Class-III medical devices.
Bray v. Simon & Schuster, Inc., 2014 WL 2893202 (W.D. Mo. 2014). Scott served as lead counsel defending a publisher and online retailer against a putative class action alleging unfair sales practices in the sale of foreign-language lessons. Within four months of plaintiff’s initial complaint, the individual class representative’s claims were dismissed with prejudice and no class was certified.
Hussain v. Delta Air Lines, Inc., No. 14-333-CV (W.D. Mo. 2014). Scott served as lead counsel defending a putative class action alleging breach-of-contract for failure to pay denied-boarding compensation. After targeted factual investigation by the defendant, the class representative elected to dismiss her case with prejudice and no class was certified.
Tobacco: Scott has successfully represented tobacco companies in individual and complex smoking-and-health cases and served on trial teams in Tognoli (Broward County, FL 2015), Cooper (Broward County, FL, 2015), Gray (Ft. Myers, FL, 2015), Bishop (Orlando, FL, 2014), Goveia (Orlando, FL, 2014), In re: Tobacco Litigation (WV, 2013; 2011), Sulcer (Pensacola, FL, 2011), Evans (Boston, MA, 2010), and Thompson (Kansas City, MO, 2003).
Medical devices: Scott has significant experience in medical-device cases. Scott drafted the winning appellate brief in Mullin v. Guidant Corp., 970 A.2d 733 (Conn. App. 2009), deposed several fact witnesses in the "bellwether" trials and wrote many of the key dispositive and evidentiary motions in In re Guidant Corp. Implantable Defibrillators Prods. Liab. Litig. (MDL 1708) (D. Minn.), and served on the trial team in McGookin v. Guidant Corp., resulting in the first appellate decision in Indiana regarding MDA preemption. Scott also coordinated with Canadian counsel to develop strategies aimed at limiting “copycat” litigation in Ontario, Canada.
Trial Experience: In Coleman v. Crawford, et al., 2:13-cv-04205-BCW (W.D. Mo. 2016), Scott served as first-chair in a three-day civil jury trial representing an inmate bringing an Eighth Amendment failure-to-protect claim. He also served as first-chair in Dinkins v. Correctional Medical Services, et al., 2:09-cv-4111-MJW (W.D. Mo. 2016), a five-day civil jury trial in which Scott represented an inmate bringing Americans with Disability Act (ADA) and Eighth Amendment claims.
Project Management, Technology and Visual Design
Scott applies effective project management and time-saving legal technology to his cases. In 2013, he completed the firm's Strategic Litigation Management program, where he taught the session on leveraging technology. In preparing for trial, Scott uses his graphics-design knowledge to develop persuasive presentations that make case themes and scientific and technical concepts more memorable for jurors and judges.
Publications and Presentations
Scott Kaiser and Annika Martin (Lieff Cabraser Heimann & Bernstein), Predominance in Motions to Strike or Dismiss Class Allegations: Navigating Burden of Proof, Standard of Review and Procedural Issues When Pursuing or Opposing Early Motions (August 6, 2014).
Scott Kaiser, Jennifer Blues and Lindsey Heinz, Strategies for Moving to Strike Class Allegations, Law360, September 4, 2012.
Scott Kaiser and Dana L. Strueby, Missouri, Class Action Compendium (DRI Defense Library Series 2011).
William Sampson and Scott Kaiser, Climate Change Litigation—How Soon Is Now?, Product Liability Defence 2011.
Scott Kaiser, Hoosier State Gets Its First MDA Preemption Decision, Drug and Device Law Blog, January 28, 2011.
Scott Kaiser and Aaron Kirkland, Federal Courts Retain Jurisdiction over Individual Claims after Removal of Mass Action, Mass Torts Litigation (ABA Section of Litig., Chicago, Ill.), Fall/Winter 2009, at 26.
Marie Woodbury, Terry Sexton and Scott Kaiser, "Preemption Defense Workshop: Lessons from Good, Levine & Riegel, Shook, Hardy & Bacon's Sixth Annual Update of the Law (Kansas City, Mo.), June 25, 2009.
Walt Cofer and Scott Kaiser, "Update on Punitive Damages After Philip Morris USA v. Williams," Shook Hardy & Bacon's Fourth Annual Update of the Law (Kansas City, Mo.), June 28, 2007.
Walter L. Cofer, Andrew D. Carpenter and Scott D. Kaiser, Punitive Damages in the United States: Two Years After State Farm v. Campbell, The International Who's Who of Product Liability Defence Lawyers, Fall 2005.
Timothy A. Pratt, Laura Clark Fey, Bill F. Northrip, and Scott D. Kaiser, Making the Most of Your Opportunities: State Farm-Based Litigation and Non-Litigation Strategies to Limit Corporate Liability for Punitive Damages, 55 Fed'n Def. & Corp. Couns. Q. 223 (2005).
Laura Clark Fey, Scott D. Kaiser and William F. Northrip, The Supreme Court Raised Its Voice: Are The Lower Courts Getting The Message? Punitive Damages Trends After State Farm v. Campbell, 56 Baylor L. Rev. 807 (2004).