Education

Arizona State University School of Law

J.D., 1993

Bar Admission

Arizona

Scot L. Claus

Member

Prominent Assignments

Practice involves all aspects of civil/commercial litigation and real estate litigation, including trial and appellate work in state and federal courts and before various administrative agencies; commercial landlord/tenant litigation; intellectual property; and constitutional law.

Cases have included both federal and state court proceedings, as well as complex case proceedings in the Maricopa County Superior Court.

Illustrative cases include:

•Successful defense of the Presiding Judge of the Maricopa County Superior Court, as well as other Superior Court Judges and Commissioners in constitutional challenge to the Spanish Speaking and Native American DUI Courts in the United States District Court for the District of Arizona and in the Ninth Circuit Court of Appeals.
•Successful defense of Presiding Criminal Judge of the Maricopa County Superior Court in RICO claim brought by former Maricopa County Attorney and Maricopa County Sheriff in the United State District Court for the Arizona District.
•Representation of national transportation company in successful appeal of Federal Tort Claims Act action before the Ninth Circuit Court of Appeals.
•Trial attorney in successful defense of $43 million legal malpractice claim litigated in the United States District Court for the Arizona District.
•Plaintiff’s counsel in wrongful death product liability litigation against national retailer and toy manufacturer resulting in $2.5 million settlement.
•Representation of major university professors and the Arizona Board of Regents in multi-party litigation brought by an Indian tribe and various tribal members regarding genetic testing.
•Plaintiff’s trial Counsel in trial of wrongful death case, resulting in $1.5 million verdict.
•Trial counsel in re-trial and reversal of $10 million medical malpractice verdict.
•Lead counsel in defense of numerous trademark and copyright infringement matters litigated in United States District Court.
•Lead counsel in numerous inter partes proceedings before the Trademark Trial and Appeals Board, including opposition and cancellation proceedings.

Intellectual property work has included the preparation and prosecution of trademark applications before the United States Patent and Trademark Office, and preparation of intellectual property agreements, assignments, and licenses.

Outside counsel to the Judicial Merit Commission of the Maricopa County Superior Court.

Reported Cases: 

•U-Haul International, Inc.. et al. v. Kamer, et al., 626 F.3d 498 (9th Cir. 2010)

•Thomas v. Mundell, 572 F.3d 756 (9th Cir. 2009)

•Amerco v. NLRB, 458 F.3d 843 (9th Cir. 2006)

•Lopez v. Town of Cave Creek, 559 F. Supp.2d 1038 (D. Ariz. 2009)

•Southwest Pet Products v. Koch Industries, 273 F. Supp.2d 1041 (D. Ariz. 2003)

•Turken v. Gordon, 224 P.3d 158 (2010) (amicus curiae)

•Havasupai Tribe v. Arizona Board of Regents, 204 P.3d 1063 (Ct. App. 2008), petition for review granted, 2009 Ariz. Lexis 82 (2009) 
 

Professional Involvement

  • American Bar Association
  • State Bar of Arizona
  • Maricopa County Bar Association

Community Involvement

  • Adjunct Professor of Law, Sandra Day O'Connor College of Law at Arizona State University (2010-present)

Publications/Presentations

  • “Putting on Your Case—Trial Nuts and Bolts,” Maricopa County Bar Association (February 2010)
  • “Arguing Briefs Before the Trademark Trial and Appeal Board,” Maricopa County Bar Association (October 2008)
  • “What Do I Do Now? The Impact of Barfield and Jonovich on Medical Liens,” Maricopa County Bar Association (January 2004)
  • “What Every Practitioner Needs To Know About Trademark, Copyright, and Patent Law.” (1999)
  • “Choosing, Using, and Protecting A Name,” Arizona Small Business Conference (1997)
  • “A Trademark Primer For Small Business,” Bid Source (December 1997)


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Acknowledgements

  • Martindale-Hubbell AV® Rated
  • Southwest Super Lawyers (2010-Present)
  • Rising Star, Benchmark Litigation (2009-Present)
  • Top Lawyer (Trademark Law/ Intellectual Property), Arizona Business Magazine (2009-2011) 
  • Top Lawyer (Product Liability), Arizona Business Magazine (2009, 2010)