Scott M. Zurakowski

Scott Zurakowski has scored major class action, mass action and collective action victories in the oil and gas industry on behalf of oil and gas producers, employers as well as national real estate developers.  Scott recently led the defense of Beck Energy in a consumer class action brought by lessors – first obtaining a tolling order and then winning before the Seventh District Court of Appeals and the Supreme Court of Ohio.   Subsequently, Attorney Zurakowski led the defense of JJ Detweiler Enterprises, a national real estate developer, in a consumer mass action in which over 80 plaintiffs claimed fraud.  Scott has also defended numerous national and regional employers against Fair Labor Standards Act (“FLSA”) collective and class actions for improper calculation and payment of overtime. 

Most recently, Attorney Zurakowski successfully defended the Village of Hills and Dales, who was accused of violating both federal and Ohio law related to a school transfer statute.  The case resulted in three mandamus actions before the Supreme Court of Ohio which ultimately led to the Village of Hills and Dales being permitted to vote on the school transfer issue.  Presently, Scott represents the Pro Football Hall of Fame in its defense of the class action filed against it as a result of the 2016 Pro Football Hall of Fame game cancellation. 

Attorney Zurakowski is currently a member of the firm’s Management Committee and is former chair of the firm's Marketing Committee and Associate Attorney Development Committees.  Scott is a frequent presenter to community groups and has published numerous articles regarding current trends in both federal and state employment and labor law issues. 

Professional Experience:

Employment / Labor

• Defense practice includes a wide range of litigation, including, contract disputes, wrongful termination, FLSA class action and collective actions and complex litigation.
• Provides counsel and advice to employers and management regarding employee handbooks, layoffs, discipline, terminations, sexual harassment, ADA and Family Medical Leave.
• Represents management in union negotiations, campaigns, grievances and arbitrations for both the private and public sector.   
• Represents employers in defense of DOL OSHA citations and on equal employment opportunity claims before the EEOC and OCRC.  

Oil and Gas

• Counsels and advises producers, drillers and transporters involved in the oil and gas industry, including litigation before both state and federal courts in Ohio. 

Complex Litigation

• Defense practice representing companies in class actions, mass actions and complex litigation involving contract disputes, event cancellations, election law and mandamus actions. 

Notable Cases:

Ohio Supreme Court

• State ex rel. Claugus Farm, L.P. v. Seventh Dist. Court of Appeals, 145 Ohio St.3d 180, 2016-Ohio-178
• Dunn, et al, v. Plain Local School District Board of Education, 158 Ohio St. 3d. 370, 2020-Ohio-40
• Dunn, et al. v. Plain Local School District Board of Education, 159 Ohio St. 3d. 139, 2020-Ohio-339
• Cook, et al. v. Bowling Green City School District Board of Education, 160 Ohio St.3d 371, 2020-Ohio-3252

 United States Federal Courts

• Wellington Resource Group v. Beck Energy, 975 F.Supp.2d 833 (S.D.Ohio 2013)
• Plain Local School District Board of Education v. Dewine, 2020 WL 5521310 (S.D.Ohio 2020)
• Sequatchie Mountain Creditors v. Lile, 585 B.R. 426 (N.D.Ohio 2018)
• Treviso v. Pro Football Hall of Fame, 2018 WL 4608197 (N.D.Ohio 2018)
• Pro Football Hall of Fame v. Welty Building Co., Stark Cty. Common Pleas Case No. 2018CV01239. 

Education:

• Alliance High School, Alliance, Ohio 1990
• University of Mount Union, B.A. Degree, 1994
  • President and Vice President: Student Senate
  • Member: National Honorary Society and Blue Key
• Ohio Northern University Petit College of Law, J.D., 1997
  • Order of Barristers
  • Presiding Justice for the Moot Court Board of Advocates
  • Champion of the 1996 National Administrative Law Moot Court Competition

Notable Presentations:

• "Social Media & The Workplace"
• "Discrimination & Unlawful Sexual Harassment"
• "Workplace Retaliation…A Growing Problem For Employers"
• "Effective Strategies for Protecting Confidential Information: Non-competes; Non-solicitation; Confidentiality Agreements"
• "Armed Forces Discrimination & USERRA"
• "Veterans Employment & Reemployment Rights"
• "Conducting Workplace Investigations"
• "Immigrant Workforce:  Stepped Up Enforcement”
• "Preventing Retaliation Claims"
• "Brand New Workday: A Review of New Legislation in the Obama Era"
• "The Employee Free Choice Act - Times are About to Change"
• "Employment Law for Supervisors"
• "Internal & External E-Mail Communications In The Workplace"
• "All In A Day’s Work: From Want Ad to Pink Slip"
• "HIPAA Privacy & Security Training"
• "Sexual Harassment Training"
• "How to Stay Union Free"
• “Smokeless Cigarettes – Are they legal under Ohio’s Smoke-Free Workplace Act?”
• “Win For Employers – Ohio Supreme Court Limits Public Policy Wrongful Discharge Claims”
• “Beware of Your Employees Who Twitter”
• “First Expansion of Family and Medical Leave Act (FMLA) since 1993, signed by President Bush”
• "Can a Terminated Lease Be Cured?" - Presenter at the Enegy & Mineral Law Foundation's (EMLF) 36th Annual Institute (2015)

Courts and Bar Associations:

• State of Ohio, 1998
• U.S. District Court, Northern District of Ohio, 1999
• U.S. District Court, Southern District of Ohio, 20__
• U.S. District Court, Sixth Circuit Court of Appeals, 200_
• Member: Stark County Bar Association
• Member: Ohio State Bar Association
• Member: American Bar Association

Professional and Community Affiliations:

• Ohio Oil and Gas Association, Member
• Energy & Mineral Law Foundation, Member and serves on the Programming Committee
• Better Business Bureau of Canton & Greater West Virginia, Former Legal Counsel and Former Member of the Board of Directors (2014)
• Leadership of Stark County, Graduate of the 17th Class
• Plain Township Zoning Commission, past Chairman, past Member
• Alliance Chamber of Commerce, former member of the Board of Trustees, served as Legislative Committee Chairman, 2000-2008
• United Way of Greater Stark County, former Chairman, Board of Trustees
• The University of Mount Union Alumni Council, Former Chairman:  2006-2007
• The University of Mount Union, Former Member of the Board of Trustees
• Canton Regional Chamber of Commerce – Member of the Board of Trustees
• Aultman College – Member of the Board of Trustees

Honors & Awards:

• Listed in Best Lawyers in America®
• Named the Best Lawyers Akron Employment Law – Individuals “Lawyer of the Year,” 2014, 2022
• Listed in Ohio Super Lawyers®
• AV® Preeminent Rating in the Martindale-Hubbell Law Directory
•  “20 Young Professionals Under the Age of 40” Award recipient presented by Ystark!, a project of the Canton Regional Chamber of Commerce