Kahn A. Scolnick is an appellate and general commercial litigation associate in the Los Angeles office of Gibson, Dunn & Crutcher. He is a member of the firm's Appellate and Constitutional Law and Class Actions practice groups. Before joining the firm in 2006, he served as a law clerk to Judge Ferdinand F. Fernandez of the United States Court of Appeals for the Ninth Circuit (2005-06), and as a law clerk to Judge Dana M. Sabraw of the United States District Court for the Southern District of California (2003-05).
Mr. Scolnick has litigated a wide range of matters in state and federal courts, from the pre-filing stage through the appeal. He has drafted and argued dispositive motions, supervised complex discovery, examined witnesses at trial, and prepared jury instructions and closing arguments. In addition, Mr. Scolnick has drafted numerous petitions and briefs filed in the California Courts of Appeal, the California Supreme Court, the United States Courts of Appeals, and the United States Supreme Court.
Recent matters in which Mr. Scolnick played a significant role include:
ˇ Winning a complete defense verdict following a lengthy bench trial before the California Superior Court in two consolidated nationwide class actions against a commercial mortgage lender (Mr. Scolnick was the lead associate);
ˇ Securing the reversals on appeal of judgments totaling $295 million in three certified class actions in New Mexico and California involving installment payment plans for auto insurance policies;
ˇ Obtaining a defense verdict following an eight-week jury trial in the California Superior Court (the case was a mass action brought by hundreds of homeowners alleging a private nuisance);
ˇ Successfully defending the California Citizens Redistricting Commission against a variety of constitutional and statutory claims before the California Supreme Court;
ˇ Persuading a Nevada trial court to grant summary adjudication of a prayer for punitive damages in a mass action one week before the start of a scheduled 12-week jury trial (the case then settled on the second day of trial);
ˇ Prevailing on summary judgment in a high-profile "taxpayer" action challenging the constitutionality of a California statute - and then persuading the California Court of Appeal to affirm in a published decision, of which the California Supreme Court denied review;
ˇ Achieving a dismissal with prejudice of a wage-and-hour class action in federal court on behalf of a leading retailer;
ˇ Defeating certification of a putative nationwide consumer class action in federal court;
ˇ Obtaining a published decision by the United States Court of Appeals for the Third Circuit reversing a substantial award of attorney's fees; and
ˇ Winning summary judgment on behalf of a leading retailer in a tort suit brought by a former officer and director.
Mr. Scolnick graduated magna cum laude in 2003 from the University of San Diego, School of Law. He was a Lead Articles Editor for the San Diego Law Review and the recipient of the Hickman Award for the Outstanding Student in Constitutional Law. While in law school, Mr. Scolnick served as a judicial extern to Judge M. Margaret McKeown of the United States Court of Appeals for the Ninth Circuit, and also to Magistrate Judge Louisa S. Porter of the United States District Court for the Southern District of California. Mr. Scolnick received his Bachelor of Arts degree in Public Policy Studies, with honors, from Michigan State University in 2000.
Mr. Scolnick has published on a variety of topics, including class actions, trial practice, civil procedure, punitive damages, and constitutional issues. In 2009, 2010, and 2011, he was named one of Southern California's "Rising Stars" by Los Angeles Magazine and Southern California Super Lawyers - Rising Stars Edition. Since 2007, Mr. Scolnick has served on the Associates Advisory Board for the Legal Aid Foundation of Los Angeles.
Mr. Scolnick is a member of the California Bar. He is admitted to practice before the United States Court of Appeals for the Ninth Circuit and the United States District Courts for the Northern, Southern, and Central Districts of California.
Recent Publications
2011 Year-End Update on Class Actions
A Tax by Any Other Name: Constitutional Challenges to Revenue-Raising Measures
Ninth Circuit Issues A Trilogy Of Decisions That May Significantly Enhance Defendants' Ability To Contest Class Certification And Liability
The Supreme Court Sets New Punitive Damage Limits Under Federal Common Law
Seventh Circuit Court of Appeals Clarifies the Reach of Federal Jurisdiction for "Mass Actions" Under The Federal Class Action Fairness Act