J. Scott Burris Partner

     

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Scott Burris focuses his civil litigation practice on complex cases, professional liability claims, and intellectual property.  He has represented companies, design professionals, financial advisors, securities professionals, lawyers, real estate professionals and others against allegations of malpractice, breach of fiduciary duties, negligent misrepresentation, fraud, securities fraud, copyright infringement, and disputes over valuation of investments, properties, and economic losses. Scott handles large-scale, discovery-intensive matters, and has significant experience in commercial cases and class actions. He has defended several matters brought by private parties and the FDIC involving securities and real estate disputes. While Scott primarily handles litigation in Nevada state and federal courts, he has experience with practice in Utah and Colorado.

Scott has a strong background handling intellectual property disputes involving trademarks, copyrights and trade secrets. As a member of the firm’s e-Discovery practice, Scott has substantial experience with complex ESI preservation issues and defending against spoliation allegations. In addition, Scott has represented property developers and owners before planning commissions and city and county councils in Utah in connection with residential subdivision projects; he was licensed in Utah for real estate closings and title insurance.

Scott is a skilled writer and often is called upon by colleagues to assist with briefs and motions in a variety of cases. He has a proven track record of success in the Nevada Supreme Court. Scott served in the U.S. Army, including a tour in Seoul, Korea, from 1986 to 1989.

Areas of Focus

Architects & Engineers
Scott has defended nationally recognized architects, engineers and inspectors of construction, as well as their respective principals in a variety of significant litigation matters, including the design and construction of multibillion-dollar hotels and casinos, luxury condominiums, shopping malls, residential communities and municipal projects in Las Vegas, Nevada. His litigation experience includes numerous and successful litigations and appeals, supervision of large-scale testing and inspection, and management of considerably large project files.

Trademark & Copyright Infringement
Scott has defended companies against intellectual property claims and prosecuted companies and individuals for trademark infringement.  Additionally, he has supervised seizures of counterfeit items on and off the Las Vegas Strip.

Professional Liability
In addition to architects and engineers, Scott has defended real estate professionals, lawyers and financial advisors against allegations of breach of fiduciary duties, negligent misrepresentation, fraud, securities fraud, copyright infringement, and disputes over valuation of investments, properties and economic losses.

Real Estate & Land Use/Development
Scott represents developers and other entities on a variety of residential and mixed-use projects. He has regularly appeared before planning, zoning and legislative boards processing land development applications. In addition, Scott has assisted management companies, developers, owners and association groups with their legal challenges. 

Representative Matters

Represented engineer of record in litigation involving design of $500 million high-end outdoor mall; developer alleged design-service delays and defects. The Court granted our motion to dismiss the claims against the principal engineer based on the fiduciary-shield doctrine, personal jurisdiction, and the corporate veil defense.

Represented architect of record in litigation for a $300 million mixed-use condominium and resort hotel arising out of allegations of construction and design defects. Claims included negligence, breach of contract, equitable indemnity, contribution and declaratory relief, seeking approximately $100 million.

Represented manufacturer in federal litigation regarding trademark infringement and enforcement actions, including management of on-site seizures of counterfeit items.

Represented special inspection firm and Engineer-In-Responsible-Charge (ERIC) in litigation involving the largest privately funded construction-defect lawsuit in history regarding a $9 billion hotel, casino and retail complex on the Las Vegas Strip. Case included hundreds of millions of dollars in alleged defects for six separate sub-projects, which ended favorably for the client.

Writ petition to the Supreme Court of Nevada where we argued in favor of enforcing the economic loss doctrine and relaxed fraud-pleading requirements, which was granted, overturning the lower court’s denial of motions to dismiss claims by steel subcontractors.

Opposed a writ petition to the Supreme Court of Nevada and sided with the lower court as a real party-in-interest where the lower court properly (1) entered an order conditionally granting further destructive testing and (2) precluded use of improper extrapolation, which the Supreme Court left to the discretion of the lower court.

Two writ petitions to the Supreme Court of Nevada, en banc, which favorably overturned the lower court’s denial of motions to dismiss regarding statutory construction and the requirements for certificate-of-merit, which should have included a special inspection firm as a design professional, and which resulted in complete and final dismissal.

Amicus curie to the Supreme Court of Nevada regarding the limits of the economic loss doctrine for design professionals and the impropriety of creating an exception to permit claims for negligent misrepresentation against design professionals.

Represented architect of record in litigation arising out of construction improvements to municipal library regarding allegations of design and construction defects, which included successful indemnification by design sub-consultant.

Represented luxury goods manufacturer in federal litigation of successful trademark infringement and enforcement actions against numerous counterfeit distributors.

Represented financial advisor in litigation by investors, which included claims of professional negligence, breach of contract, breach of warranty and indemnity, which ended with favorable resolution.

Represented real-property appraisers, interns and appraisal company in cases initiated by the FDIC, which included claims of professional negligence, breach of contract, etc.; and which ended with favorable resolutions.

Represented large Las Vegas hotel and casino in writ petition to the Supreme Court of Nevada involving improper sanctions assessed for alleged spoliation of evidence.

Represented large financial institution in litigation involving claims of fraud and conspiracy, which ended with a successful motion to dismiss with prejudice and settlement at the appellate level with no payment and no admission of liability by client.

Represented affiliate business entities and their directors/officers in complex commercial case involving claims of copyright infringement, breach of director/officer fiduciary duties, and other related claims as part of a 100-page complaint, which ended with a successful resolution of all claims.

Represented celebrity clients with reality TV show involving international witnesses and litigation between parties in the United States and the United Kingdom.

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