Elliot H. Scherker: Lawyer with Greenberg Traurig, LLP

Elliot H. Scherker

Co-Chair, Appellate Practice; Chair, Miami Appellate Practice
Miami,  FL  U.S.A.

Peer Rating
AV® Preeminent

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Experience & Credentials Ratings & Reviews

Practice Areas

  • Appellate
  • Environmental
  • Government Litigation
Contact InfoTelephone: 305.579.0579
Fax: 305.579.0717
University University of Miami, B.A., 1972
Law SchoolUniversity of Miami School of Law, J.D., 1975
Admitted1975, Florida; U.S. Court of Appeals for the District of Columbia Circuit; U.S. Court of Appeals for the Eleventh Circuit; U.S. Court of Appeals for the Federal Circuit; U.S. Court of Appeals for the Fifth Circuit; U.S. Court of Appeals for the First Circuit; U.S. Court of Appeals for the Fourth Circuit; U.S. Court of Appeals for the Ninth Circuit; U.S. Court of Appeals for the Second Circuit; U.S. Court of Appeals for the Seventh Circuit; U.S. Court of Appeals for the Sixth Circuit; U.S. Court of Appeals for the Tenth Circuit; U.S. Court of Appeals for the Third Circuit; U.S. District Court for the Southern District of Florida; Supreme Court of the United States
Memberships The Florida Bar (Board of Legal Specialization & Education, 2006-2012); American Bar Association; American Law Institute.

BornNew York, N.Y., January 7, 1952

With more than 35 years of experience as an appellate lawyer, and more than 2,000 appeals in state and federal courts, Elliot brings a practical and client-centered approach to his work. Elliot's practice covers a wide range of substantive law, which enables him to counsel his clients on their legal rights and the structuring of their transactions. He is Chair of the Appellate Practice in the firm's Miami office.

Areas of Concentration

· Appellate practice

· Constitutional litigation

· Environmental and land use litigation

· White collar criminal defense

· Bankruptcy appeals

· Litigation trial support

· Securities litigation

Professional & Community Involvement

· American Bar Foundation (Fellow)

· American Academy of Appellate Lawyers (Fellow)

· Member, American Law Institute

· Member, American Bar Association

· Member, Baptist Health Founders Society

· Board of Legal Specialization & Education, The Florida Bar, 2006-2012

· Appointed by Chief Justice to Committee on Judicial Evaluations, Florida Supreme Court, 2006-2007

Awards & Recognition

· Listed, The Best Lawyers in America, Appellate Practice; Criminal Defense: White-Collar; Personal Injury Litigation - Defendants, 2001-2014
- "Lawyer of the Year," White-Collar Criminal Defense Law, 2011; Personal Injury Litigation - Defendants, 2011; Appellate Law, 2010

· Listed, South Florida Legal Guide, "Top Lawyers in South Florida," 2004-2013

· Listed, Chambers USA Guide, Appellate Practice, 2003-2013

· Listed, Super Lawyers magazine, Florida Super Lawyers, 2006-2013
- "Top 100 Lawyers in Florida," 2011-2013

· Listed, Florida Trend magazine - Appellate Litigation, 2004-2013
- "Hall of Fame," 2013
- "Legal Elite," 2004-2012

· Team Member, a Law360 "Product Liability Practice Group of the Year," 2011

· Team Member, "Champions of Equality Award" (based on role in landmark Florida gay adoption case), SAVE DADE Foundation, May 2011

· Recipient, Daily Business Review, "Most Effective Lawyer Award," Appellate Category, 2010

· Team Member, a Law360 "Appellate Practice Group of the Year," 2010

· Recipient, "C. Clyde Atkins Civil Liberties Award," ACLU of Florida Greater, Miami Chapter, May 2009

· Listed, Legal 500 United States, 2008

· Rated, AV Preeminent® 5.0 out of 5

Professional Experienc e

Significant Representations

· Represented Lorillard Tobacco Company on appeal from $145 billion judgment against the five largest tobacco companies in the United States, the largest damage award in American legal history, presented oral argument in both the Third District Court of Appeal and the Florida Supreme Court on behalf of all five companies.

· Represented BDO Seidman, LLP on appeal from $521 million judgment and secured reversal for new trial.

· Obtained reversal of $60 million punitive-damages judgments against former Arizona utilities commissioner in Ninth Circuit.

· Prevailed before Florida Supreme Court and Eleventh Circuit for Wachovia on bank's liability under fraudulent transfer statutes for transferring monies subsequently found to be fruits of fraudulent actions.

· Obtained forum non conveniens dismissal for Hilton International in major premises liability action, on appeal from order refusing to dismiss action.

· Represented Walt Disney Company on appeal from $240 million judgment.

· Represented Anheuser-Busch, Inc. on appeal from $74 million judgment.

· Represented Florida Marlins in upholding judgment approving public-private contract for development of new baseball stadium.

· Represented lessor against FDIC, prevailed on appeal in the Eleventh Circuit and obtained $16 million judgment.

· Prevailed before an en banc Florida appellate court for hotel client on question whether landowners or hotels are liable for accidents and drownings resulting from natural and ordinary risks occurring in bodies of water.

· Represented Dominicana Airlines in Eleventh Circuit and overturned default judgment under Foreign Sovereign Immunities Act.

· Overturned $8 million judgment against Brinks, Inc. in action by driver charged with theft, on post-trial in federal district court; upheld judgment on appeal in Eleventh Circuit.

Noteworthy Experience

· Board certified in appellate law by The Florida Bar

· Appointed by The Florida Bar President to serve on the Bar's Appellate Rules Committee, 1997-2001

· Appointed by The Florida Bar President to serve on the Bar's Board of Legal Specialization and Education, 2006-present

Publications & Presentations

Articles, Lectures & Publications


· Recognized, "For Greenberg team handling BDO appeal, failure was 'not an option," Daily Business Review, Appellate Law, 2010

· Co-Author, "Rights, Remedies and Ratiocination: Toward a Cohesive Approach to Appellate Review of Land Use Orders After Board of County Commissioners of Brevard County v. Snyder," Stetson University Law Review Land Use Symposium, 1995


· Co-Author, Florida Bar's Florida Appellate Practice, 1977-2000 and 2006


Documents by this lawyer on Martindale.com

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Federal Appeals Court Holds SEC Conflict Minerals Rules Violate Free Speech
Barbara A. Jones,Ira N. Rosner,Elliot H. Scherker, April 21, 2014
On April 14, 2014, a three-judge panel of the U.S. Court of Appeals for the District of Columbia, in an opinion authored by Senior Circuit Judge Randolph, held in National Association of Manufacturers, et al. v. Securities and Exchange Commission, et al. (Case No. 13-5252), that portions of the...

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Office Information

Elliot H. Scherker

333 SE 2nd Avenue, Suite 4400
MiamiFL 33131


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