J. Scott Carr

Practice Areas

Employment Law
Class and Collective Action Litigation
Wage and Hour Litigation
Complex Commercial Litigation
Appellate Litigation

v-card CA
v-card GA

Education

Emory University School of Law

J.D. 1988, with distinction

University of Georgia

B.A. Political Science 1985,
magna cum laude

Bar Admissions

State Bar of Georgia
State Bar of California
State Bar of Ohio

Court Admissions

U.S. Courts of Appeal for the Second, Sixth, Ninth and Eleventh Circuits
U.S. District Courts for the Northern and Middle Districts of Georgia; the Central, Eastern, Northern and Southern Districts of California; and the Northern and Southern Districts of Ohio
Georgia Supreme Court and
Court of Appeals
California Supreme Court and Courts of Appeal
Ohio Supreme Court

OVERVIEW

Scott Carr is a member of KCO’s labor and employment and commercial litigation practices. Scott has practiced employment law on behalf of employers for the last fifteen years and has practiced commercial litigation involving fraud, intellectual property, trade secrets, breach-of-contract, insurance and tort claims since the start of his career in 1988. Scott represents employers and businesses on a nationwide basis in all phases of employment and business law, with particular expertise in class and collective action wage and hour law and individual discrimination actions. This includes representing employers before state and federal courts throughout the country. He has also had the honor of arguing before the Georgia Supreme Court. Scott has been named AV Preeminent® by Martindale-Hubbell.

Scott, an Atlanta native, graduated from Emory University School of Law, receiving his law degree with distinction. Prior to law school, Scott received a bachelor’s degree in political science magna cum laude from The University of Georgia.

REPRESENTATIVE MATTERS

Employment

In a putative nationwide wage and hour class action based on allegation that client’s rounding policy was unlawful, defeated class certification and obtained summary judgment on all claims. In a published opinion that contained favorable rulings on multiple issues of first impression, the Ninth Circuit affirmed the district court’s order in its entirety. Corbin v. Time Warner Entm’t-Advance/Newhouse P’ship, 821 F.3d 1069 (9th Cir. 2016).
Successfully defended companies in numerous class and collective actions in California, Ohio, Kentucky, South Carolina, and New York.
Defended national cable telecommunications company in FMLA suit in Ohio. Obtained summary judgment.
Defended national cable telecommunications company in race and age discrimination suit in Ohio. Obtained summary judgment on all claims.
Defended Fortune 150 company in age and disability discrimination suit in California. Obtained summary judgment on all claims.
Defended national cable telecommunications company in joint employer class action suit under California wage and hour law. Case settled with no payment by client.
Defended large power company against retaliation and ADEA claims in Pennsylvania. Obtained summary judgment on all claims.
Defended major airline in wrongful termination action. Obtained summary judgment dismissing employee’s claims and summary judgment in favor of airline on fraud counterclaim against employee.

Complex Commercial Litigation

Won multimillion dollar judgment on behalf of Fortune 100 company in connection with its claims of theft of trade secrets and RICO violations against a competitor.
Obtained administrative mandamus on behalf of national television network ordering Los Angeles County Police Department and California Highway Patrol to release mobile digital transmission tapes of the Rodney King incident.
Recovered payments made on fraudulent claims through prejudgment garnishment proceedings on behalf of settlement companies.
Obtained tender of policy limits from employed lawyers professional liability insurer after filing summary judgment as plaintiff.
Obtained dismissal of indemnification claim on behalf of insurer of manufacturer of theft protection product.
Represented owner of large shopping center in downtown Los Angeles in all phases of landlord/tenant disputes.

LEGAL NEWS

Bonnie Eslinger, TWC Workers Fight Timecard Rounding Policy At 9th Circ., LAW360, September 3, 2015
Daniel Siegal, TWC Employees Lose Class Cert. Bid In Wage Dispute, LAW360, August 5, 2014
Carolina Bolado, Time Warner Workers Lose Class Cert. Bid In Wage Suit, LAW360, December 19, 2012
Jonathan Randles, Calif. Judge To Deny Class Cert. In Time Warner OT Suit, LAW360, May 8, 2012
Zach Winnick, Time Warner Field Technician Drops Class Wage Claims, LAW360, April 30, 2012
Allison Grande, Field Techs Lose Cert. Bid In Time Warner FLSA Suit, LAW360, January 3, 2011

PUBLISHED DECISIONS

Corbin v. Time Warner Entm’t-Advance/Newhouse P’ship, 821 F.3d 1069 (9th Cir. 2016)
Butler v. Time Warner Cable Midwest LLC, No. 3:13CV2571, 2015 WL 751083 (N.D. Ohio Feb. 23, 2015)
Deleon v. Time Warner NY Cable LLC, 510 F. App’x 545 (9^th 2013)
Huberty v. Time Warner Ent. Co., No. 5:10CV2316, 2012 WL 406983 (N.D. Ohio Feb. 8, 2012)
Waine-Golston v. Time Warner Entertainment-Advance/Newhouse Partnership, 11CV1057-GPB RBB, 2013 WL 1285535 (S.D. Cal. Mar. 27, 2013)
Waine-Golston v. Time Warner Entertainment-Advance/Newhouse Partnership, 11CV1057-GPB RBB, 2012 WL 6591610 (S.D. Cal. Dec. 18, 2012)
Gillings v. Time Warner Cable LLC, No. CV 10–5565–AG (RNBx), 2012 WL 1656937, (C.D. Cal. March 26, 2012)
Deleon v. Time Warner Cable LLC, No. CV 09-2438 AG (RNBx), 2010 WL 669116 (C.D. Cal. Feb. 22, 2010)
Botello v. COI Telecom LLC, No. SA-10-CV-305-XR, 2010 WL 5464824 (W.D. Tex. Dec. 30. 2010)
Gladysiewski v. Allegheny Energy Svc. Corp., No. 09-4683, 2010 WL 362246 (3rd Cir. Sept. 20, 2010)
Gladysiewski v. Allegheny Energy Svc. Corp., No. 2:07cv1339, 2009 WL 4403382 (W.D. Pa. Dec. 2, 2009)
Heilman v. Allegheny Energy Svc. Corp., No. 02:07cv1034, 2008 WL 4591640 (W.D. Pa. Oct. 14, 2008)
Holloway v. Select Hotels Group, LLC, No. 8:08cv1208-T-33TBM, 2008 WL 4534135, (M.D. Fla. Oct. 7, 2008)
Johnson v. American Security Ins. Co., 352 F. App’x 838 (11th Cir. 2010)
Pacific Indem. Co. v. Washington Mut. Bank, 418 F. App’x 827 (11th Cir. 2011)
Lanier Worldwide, Inc. v. Bridgecenters at Park Meadows, LLC, 279 Ga. App. 979 (2006)
Maupin v. Allianz Life Ins. Co. of North America, No. 7:08-CV-138 (HL), 2010 WL 3239007 (M.D. Ga. Aug. 16, 2010)
Larsen v. Assurant, Inc., No. 3:09-CV-00038, 2009 WL 1676993 (W.D.N.C. June 16, 2009)
Veal v. Voyager Prop. & Cas. Serv. Co., 51 So. 3d 1246 (Fla. Dist. Ct. App. 2011)
Lanier Worldwide, Inc. v. Clouse, 875 So. 2d 292 (Ala. 2003)
Insurance Industry Consultants, Inc. v. Essex Inv., Inc., 249 Ga. App. 837, 549 S.E.2d 788 (2001)
Sweatt v. International Development Corp., 242 Ga. App. 753, 531 S.E.2d 192 (2000)
Settlement Funding, LLC v. Jamestown Life Ins. Co., 78 F. Supp. 2d 1349 (N.D. Ga. 1999)
Emmertz v. Cherry, 271 Ga. 458, 520 S.E.2d 219 (1999)
CareKeeper Software Development Co., Inc. v. Silver, 46 F. Supp. 2d 1366 (N.D. Ga. 1999)
Law Bulletin Pub. Co. v. LRP Publications, Inc., 992 F. Supp. 1014 (N.D. Ill. 1998)

PROFESSIONAL ACTIVITIES

Adjunct Professor, Georgia Institute of Technology

Atlanta

Los Angeles