Scott Elder is the leader of the firm’s products liability group and represents corporations in complex litigation throughout the country. Clients call on Scott for his extensive experience in mass torts and class actions as well as in individual cases alleging personal injuries from defective products. In the class action area, he frequently litigates cases that intersect the areas of product defect and false advertising and also provides advice on advertising claim construction, product development, and risk mitigation. Scott’s experience in products liability personal injury litigation includes pharmaceuticals, asbestos, silica, chemicals, automobiles, and consumer equipment and electronics. Scott is experienced in multi-district litigation and also serves as national counsel for clients with litigation around the country. He frequently litigates cutting-edge scientific or technical issues involving medical causation and has worked with a wide range of expert witnesses. Scott was selected by his peers for inclusion in The Best Lawyers in America© 2016 and 2017. He received his J.D. from Vanderbilt University, where he was a member of the Vanderbilt Law Review and the Order of the Coif.
- Represented a manufacturer of over-the-counter medication in FTC inquiry related to advertising. The FTC concluded the investigation without requiring any corrective action.
- Counsel to a leading over-the-counter drug manufacturer in multiple challenges before the National Advertising Division of the Better Business Bureau.
- National counsel to an international mining corporation in asbestos and silica mass tort litigation in multiple jurisdictions around the country.
- Counsel to a leading automobile manufacturer in claims arising from allegedly defective airbags.
- Represented a national restaurant chain in purported class action in California alleging false advertising to children. The court dismissed all claims at the motion to dismiss stage.
- National counsel to one of the nation’s largest wireless phone service providers in litigation alleging adverse health effects from the use of wireless phones.
- Counsel to a leading maker of vitamin supplements in a purported nationwide class action pending in California alleging consumer fraud and false advertising. The court denied plaintiffs’ motion to certify the class.
- Counsel to a Fortune 50 computer company in a purported nationwide consumer class action pending in New York alleging the sale of defective computers. Court granted summary judgment to our client.
- Obtained the dismissal of consumer class actions in New Jersey and Illinois alleging that a large restaurant chain violated state consumer protection laws.
- National science counsel to a pharmaceutical company in multidistrict litigation involving 6,000 plaintiffs and associated state court cases. Obtained favorable scientific evidence rulings leading to the exclusion of opinions from six of the plaintiff's expert witnesses in three different jurisdictions.
- Coordinating counsel for a pharmaceutical company in cases alleging death caused by narcotic medication.
- Counsel to an international beverage company in class actions involving alleged false advertising and exposure to benzene in soft drinks.
- Science counsel to a large petroleum corporation in a successful challenge to the plaintiffs’ expert witness in a suit alleging that plaintiffs developed cancer from exposure to ionizing radiation.
- Counsel to a Fortune 50 computer company in purported nationwide class action pending in New York challenging billing and collection practices. Following discovery, Plaintiff agreed to dismiss all class-related claims and case resolved with favorable settlement of named plaintiff’s claim.
One-hundred and sixty Alston & Bird attorneys have been selected by their peers for inclusion in the 2017 edition of The Best Lawyers in America©. The lawyers span the firm’s eight offices in the United States and represent more than 60 practice areas.
August 16, 2016
Cari Dawson, Scott Elder and Daniel Norris are noted for representing Mazda Motor of America, Inc., in multidistrict litigation over potentially faulty Takata air bags.
June 15, 2016
In the News
Cari Dawson, Scott Elder and Daniel Norris are noted for representing Mazda Motor of America, Inc., in multidistrict litigation over potentially faulty Takata airbags.
April 14, 2016
In the News
Alston & Bird client Halyard Health, Inc., has entered into an agreement to acquire private equity-backed Corpak MedSystems in an all-cash transaction totaling $174 million.
April 11, 2016
Alston & Bird has been honored as the 2015 “Overall Litigation Department of the Year” by the Daily Report.
November 20, 2015
“Class Action Litigation Post-Certification Strategies,” The Brief, American Bar Association Tort Trial & Insurance Practice Section, Vol. 46, No. 2, Winter 2017.
Three-dimensional printing (‘‘3D printing’’), also known as additive manufacturing, has been in existence since the 1980s, but only recently has gained industry attention.
February 4, 2015
Surveying the class certification opinions from 2014 in cases involving alleged false advertising of food and beverage products demonstrates the continued difficulty in certifying these class actions.
December 8, 2014
Recent class certification decisions in food and beverage advertising cases reveal common fact patterns that consistently weigh for or against certification, and confirm the importance of developing a robust factual record when opposing a motion for class certification, attorneys Scott A. Elder and Jenny A. Mendelsohn say in this BNA Insight.
October 6, 2014
Courts issued many class certification opinions in food and beverage class actions during the first half of 2014. These opinions demonstrate the continued difficulty in certifying food and beverage class actions, as only four of the 11 opinions analyzed certified a class. In all cases, the Third Circuit’s ascertainability analysis in Carrera, the U.S. Supreme Court’s predominance analysis of damages models in Comcast, and the Ninth Circuit’s choice-of-law decision in Mazza are emerging as the precedents having the most impact on the certification decision.
September 2, 2014