Scott is a trial lawyer and Partner in Shook’s Class Action and Complex Litigation practice, where he defends foreign and domestic companies in high-exposure product liability and consumer fraud cases, whether brought individually or as a large-scale class action or multidistrict litigation. He has experience defending cases in a variety of industries involving products ranging from vacuums to Teflon-coated cookware to Class III medical devices. Scott has an average of four trials per year.
Scott’s clients benefit from his 360-degree view of product liability law. He teaches the upper-level Product Liability course at his alma mater, the University of Kansas School of Law, and is principal author of the Missouri and Kansas Class Action Law blog, which is dedicated to discussing national developments in class actions and complex litigation with an emphasis on the Midwest.
Scott effectively applies his project management and graphics design expertise to his cases and trials. He serves as faculty for the firm's Strategic Litigation Management program, where he teaches lawyers how to leverage technology. When preparing for trial, Scott also uses his expertise in graphic design to develop persuasive presentations that make case themes as well as scientific and technical concepts more memorable for jurors and judges.
Recent Representative Matters
Class Action and Complex Litigation Experience
Rosenthal v. SharkNinja, No. 16-1048 (D.N.J. 2016) Scott served as lead counsel and defeated a putative statewide class action against SharkNinja involving an alleged design defect under New Jersey’s Consumer Fraud Act. The court dismissed plaintiff’s amended complaint and plaintiff declined to appeal, ending the litigation in less than a year.
Bray v. Simon & Schuster, No. 14-CV-00258 (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, 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.
Scott has first-chaired jury trials in state and federal court, including:
Williams v. Jackson County, No. 13-866 (W.D. Mo. 2017) Scott first-chaired a three-day civil jury trial representing an inmate who challenged the mail policy at the Jackson County Detention Center on First Amendment grounds.
Abdiana v. Quixotic Fusion, No. 1416CV03181 (Mo. Cir. Ct. Jackson Cty. 2016) Scott first-chaired a jury trial representing a performing arts company, Quixotic, on a claim against their landlord for constructive eviction after raw sewage repeatedly interfered with Quixotic's use of the space and damaged its property. After a three-day trial, the jury found in favor of Quixotic and awarded damages.
Coleman v. Crawford, No. 13-4205 (W.D. Mo. 2016) Scott first-chaired a three-day civil jury trial representing an inmate who claimed his Eighth Amendment rights were violated when guards failed to protect him during a savage attack.
Dinkins v. Correctional Medical Services, No. 9-4111 (W.D. Mo. 2016) Scott first-chaired a five-day civil jury trial representing a wheelchair-bound inmate claiming violations of the Americans with Disability Act (ADA) and Eighth Amendment.
Scott has served on over a dozen trial teams representing Philip Morris USA Inc., in individual and complex smoking-and-health cases, including Bifolck (D. Conn. 2017); Kaplan (Broward County, Fla. 2017); Dubinsky (Brevard County, Fla. 2016); Hall (Orange County, Fla. 2016); Tognoli (Broward County, Fla. 2015); Cooper (Broward County, Fla. 2015); Gray (Ft. Myers, Fla. 2015); Bishop (Orlando, Fla. 2014); Goveia (Orlando, Fla. 2014); In re: Tobacco Litigation (W.Va. 2013, 2011); Sulcer (Pensacola, Fla. 2011); Evans (Boston, Mass. 2010); and Thompson (Kansas City, Mo. 2003).
Publications and Presentations
Scott Kaiser and Ruth Anne French-Hodson, Getting the Deal Through: Product Liability (U.S. chapter), 2018.
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 (Kenyon) 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 Litigation, Chicago, 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, Missouri, 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, Missouri, 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).