Hamilton, K. Scott

Education

Central Michigan University

B.S., 1986
  • Phi Delta Kappa
  • Gilbert Rau Scholarship Award, Excellence in Competitive Academic Debate

Wayne State University Law School

J.D., 1989
  • Editor-in-Chief, The Wayne Law Review
  • Jason L. Honigman Scholarship Award
  • Murphy Prize
  • Free Legal Aid Clinic

Bar Admission

Michigan

K. Scott Hamilton

Member

Prominent Assignments

First chaired more than 20 federal and state bench and jury trials and argued over 30 cases in the United States Court of Appeals for the Second, Sixth and Tenth Circuits, Michigan Supreme Court and Michigan Court of Appeals.

Represented large insurers in dozens of ERISA benefits actions in trial court and on appeal and represented insurers in dozens of bench and jury trials, and on appeal, with respect to non-ERISA benefits litigation.

Obtained dismissal of federal class action against Northwest Airlines, Inc. in litigation challenging frequent flyer program valued at $301 Million.

Successfully represented multi-national baby food manufacturer in $98 Million distributorship termination, business tort and antitrust action brought by Polish distributor in the London Court of International Arbitration in London, England.

Obtained reversal of adverse multi-million dollar jury verdict against a Big Three automaker in the Tenth Circuit based on improper admission of expert testimony.

Obtained reversal in the Michigan Supreme Court of an adverse Court of Appeals opinion against Wayne County involving pension benefits.

Obtained reversal in the Michigan Supreme Court of an adverse Court of Appeals opinion against a shooting range, greatly expanding statutory protection for such ranges.

Obtained reversal in the Michigan Supreme Court for client whose multi-million dollar business tort claims concerning sale of Bob-Lo Island had been dismissed by the trial court and affirmed by the Court of Appeals. 

Represented in the Michigan Court of Appeals, and obtained reversal for, large multi-national advertising agency against which had been entered judgment of $21 Million.

Filed amicus curiae brief in the U.S. Supreme Court in support of the National Rifle Association in McDonald v. Chicago, incorporating Second Amendment to the states.

Represented guardian ad litem for Rosa Parks in the Sixth Circuit in an action against the band OutKast for defamation/false light. 

Obtained judgment in federal trial for Parrish & Heimbecker, Inc., one of Canada's largest agricultural corporations, in an action against CSX Transportation involving improper railway transportation surcharges and business destruction.

Represented in Michigan trial and appellate courts one of Michigan's largest shooting ranges in an action to enjoin its operation, resulting in the invalidation of local noise ordinance on constitutional grounds.

Representative Clients

  • UNUM Group
  • AIG/American General
  • Ford Motor Company
  • National Rifle Association
  • Yazaki North America, Inc.
  • Northwestern Mutual Life Insurance Co.
  • Parrish & Heimbecker, Inc.
  • Standard Life Insurance Co.

Professional Involvement

  • Faculty and Planning Committee, Sixth Circuit Practice Institute, Cincinnati, OH May 2014 
  • Federal Bar Association for the Eastern District of Michigan, Co-Chairman of the Appellate Committee 2008-Present
  • Local Rules Advisory Committee for the Eastern District of Michigan, Chairman 2007-2009 
  • State Bar of Michigan, Past Council Member, Antitrust, Franchising and Trade Regulation Section
  • Michigan State University College of Law, Adjunct Professor of Law (appellate practice)
  • Defense Research Institute, Member

Publications/Presentations

  • "Discovery in ERISA Benefits Cases After Glenn: A Circuit Review," In-House Defense Quarterly, Fall 2010
  • "Sound Strategies for Dealing with Noise Nuisance Challenges," The Range Report, Summer 2010
  • Book chapter in Misrepresentation in the Life, Health, and Disability Insurance Application Process: A National Survey, 2009

EXPERIENCE

  • Law clerk to the Hon. Cornelia G. Kennedy, U.S. Court of Appeals for the Sixth Circuit, 1989-90
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Areas of Practice

Acknowledgements

  • Michigan State Bar Foundation, Fellow
  • Sixth Circuit Judicial Conference, Life Member
  • Listed in Best Lawyers in America
  • Listed in Michigan Super Lawyers
  • Listed in DBusiness Top Lawyers
  • Listed in Leading Lawyers
  • Listed in Best's Directory of Recommended Insurance Attorneys