Scot L. Claus

Member
Scot Claus’s practice is wide-ranging and varied.  As a result, he regularly represents clients in the following areas:  Constitutional Law and Defense of Governmental Entities, Complex Commercial Litigation, Class-Action Litigation, Securities Fraud Litigation, Professional Liability Defense, Real Property Litigation (including commercial leasing disputes, easement and boundary disputes, and condemnation matters), Product Liability, and Intellectual Property litigation and prosecution.  Mr. Claus practices in both federal and state courts; and he regularly argues cases before the federal and state courts of appeal.  Mr. Claus has acted as outside counsel to the Maricopa County Judicial Merit System Commission for more than eight years.  Mr. Claus is also an Adjunct Faculty member at the Sandra Day O’Connor College of Law at Arizona State University where he teaches three classes:  Private Property Rights, Real Estate and Business Valuation, and Trademark Prosecution.

Education & Credentials

Education

Arizona State University School of Law

J.D., 1993

Bar Admission

  • Arizona

Acknowledgements

  • Fellow, Litigation Counsel of America
  • Martindale-Hubbell AV® Rated
  • Southwest Super Lawyers (2010-Present)
  • Local Litigation Star,  Benchmark Litigation (2016-Present)
  • Top Lawyer (Product Liability), Phoenix Business Journal
  • Rising Star, Benchmark Litigation (2009-2016)
  • Top Lawyer (Trademark Law/ Intellectual Property), Arizona Business Magazine (2009-2011) 
  • Top Lawyer (Product Liability), Arizona Business Magazine (2009, 2010) 

Prominent Assignments

Successful appeal of decision to Arizona Supreme Court of challenge to the constitutionality of car rental surcharge.

Successful appeal of decision to the United States Court of Appeals for the Ninth Circuit of First Amendment claim against Arizona Municipality.

Successful defense in United States District Court of Arizona Municipality and its employees against Equal Protection and Due Process Claims.

Successful defense of Class-Action Securities Fraud Cases.

Successfully defended and obtained dismissal of more than fifty (50) cases brought under Title III of the Americans with Disabilities Act (“ADA”) in the United States District Court.

Successful defense of state employees in United States District Court and Ninth Circuit Court of Appeals on various constitutional claims.

Successfully defended 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. 

Successfully defended 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.

Represented national transportation company in successful appeal of Federal Tort Claims Act action before the Ninth Circuit Court of Appeals.

Served as trial attorney in successful defense of $43 million legal malpractice claim litigated in the United States District Court for the Arizona District.

Represented 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.

Represented plaintiff in wrongful death product liability litigation against national retailer and toy manufacturer resulting in $2.5 million settlement.

Represented plaintiff in trial of wrongful death case, resulting in $1.5 million verdict.

Served as trial counsel in re-trial and reversal of $10 million medical malpractice verdict.

Served as lead counsel in defense of numerous trademark and copyright infringement matters litigated in United States District Court.

Served as lead counsel in numerous inter partes proceedings before the Trademark Trial and Appeals Board, including opposition and cancellation proceedings.

Prepared and prosecuted trademark applications before the United States Patent and Trademark Office, and prepared intellectual property agreements, assignments, and licenses.

Significant Cases

Saban Rent-a-Car LLC v. Arizona Dep't of Revenue, CV-18-0080-PR, 2019 WL 905192 (Ariz. Feb. 25, 2019)

Save Our Pres. Political Action Comm. of Scottsdale v. City of Scottsdale, 18-16180, 2019 WL 719117 (9th Cir. Feb. 20, 2019)

In re Allstate Life Ins. Co. Litig., 971 F. Supp. 2d 930 (D. Ariz. 2013)

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

  • "What to Do With the Disruptive Speaker: How to Avoid First Amendment Litigation," Serving the Public Lawyer Seminar (2019)
  • “Dealing with the ‘Rambo’ Litigator,” Arizona Paralegal Conference (2018)
  • “Start Making Sense:  Opening Statements and Closing Arguments,” Arizona Paralegal Conference (2017)
  • “Life after Reed: First Amendment Issues,” Serving the Public Lawyer Seminar (February 2017)
  • "Prepare to Win: Trial Preparation Strategies for Success," Arizona Paralegal Conference (2016)
  • "A Closer Look at Intellectual Property Laws," Arizona Paralegal Conference (2015)
  • "Choosing, Using, and Protecting A Name," Arizona Small Business Conference (2015)
  • “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)


Have a question or want to connect?