Scott Glauberman

Consumer Class Action and Product Liability Litigation

• Nutrition bars, infant formula, and protein shakes—For a leading food company, Scott was lead counsel defending a class action case alleging that “net carb” statements on food labels are misleading. He convinced the court on summary judgment that no damages may be recovered. For the same company, he led the defense of a class action case alleging that organic infant formula is not actually organic, winning the case in the trial court and on appeal, and he defends the company against cases alleging that its formula for premature infants harms them. He also led the defense of a class action case alleging that the labels of protein shakes overstated their protein content, convincing the plaintiffs to voluntarily dismiss the case. All of these cases involve complex FDA or USDA regulatory issues.
• High fructose corn syrup—Represented most of the U.S. makers of high fructose corn syrup in a case alleging that it causes diabetes, which raised FDA regulatory issues. The district court dismissed the case, a ruling the Second Circuit affirmed.
• McDonald’s food—For more than a decade, Scott represented McDonald’s in class action cases. These included the infamous “obesity case”—the only case that has tried to blame a restaurant for weight gained by a class of people. Class certification was denied. He also defended McDonald’s in several class action cases about the presence of trans fatty acids (TFAs) in french fries, which he won on FDA regulatory grounds, and he consulted on a class action case alleging that certain McDonald’s foods were falsely represented to comply with Muslim dietary restrictions (halal).
• Nutrition supplements—Represented a leading nutrition supplement manufacturer, as well as national retailers that sell the supplements, in dozens of class action cases alleging that the supplements lack their named ingredients. He successfully argued before the Judicial Panel on Multidistrict Litigation for consolidation, and he helped convince plaintiffs to abandon the cases.
• Taxes—Won a rare denial of class certification in a securities class action case in which plaintiffs sought a refund of taxes that shareholders paid due to a corporate inversion transaction, and convinced the state appellate and supreme courts not to review the decision.
• Right to publicity—Successfully defended, in the Seventh Circuit, a denial of class certification in a case brought by consumers under the Illinois Right to Publicity Act.
• Cable television—Won a ruling compelling non-class arbitration of all claims brought in a putative class action case alleging consumer fraud.
• Medical devices—Represented several companies in product liability cases alleging that defects in medical devices caused serious injuries. In one, he briefed, argued, and won a motion to dismiss the case with prejudice.
• Cosmetics—Defended class action cases alleging that aloe lotions do not contain aloe under FDA regulations. 
• Testosterone Replacement Therapy—Represented the world’s leading makers of FDA-approved testosterone replacement therapies in thousands of cases alleging personal injuries from their use. He successfully argued before the Judicial Panel on Multidistrict Litigation for consolidation, and in the resulting MDL he was appointed by the court as their lead counsel and as liaison counsel for all defendants.
• Appliances—Represented one of the world’s leading appliance companies in a dozen consolidated class action cases alleging design defects in front-loading washing machines. Scott also represented the same company in class action litigation alleging design defects in refrigerators and convinced plaintiffs to voluntarily dismiss it.
• Automotive—Worked with a tier-one supplier to design its global recall program, and on behalf of another tier-one supplier he won a temporary restraining order. He also represented an car maker in an appeal of a verdict which was that year one of the 75 largest verdicts in the nation. He wrote the briefs that convinced the Illinois Supreme Court to vacate the verdict. The case established new law in Illinois on the legal standard for design defect claims, overturning the Illinois pattern jury instruction on that subject. The Chicago Daily Law Bulletin named the decision as one of the court’s most important of the year.

Other Litigation

Scott handles a wide variety of contract and commercial disputes. He was also a member of the trial team that successfully defended Microsoft during the three-month remedy trial for the government antitrust case, during which he prepared Chairman Bill Gates for deposition and trial testimony. He also defended Microsoft in lawsuits about the Windows® trademark, smartphones, and volume management software.