Notable Cases, Publications & Presentations – Scott Michael Flaherty for Judge

Notable Cases

Scott has taken several cases to the Minnesota Supreme Court and other important courts. Some of these cases include the following issues:

  • Issues of first impression under the Minnesota Government Data Practices Act, specifically regarding data-storage arrangements, data-retrieval procedures, and keyword searches.
  • The legal standard for trial to apply when deciding a motion to stay enforcement of a judgment pending appeal. 
  • The proper interpretation of Minnesota Department of Transportation’s Standard Specifications for Construction.
  • The scope of prosecutorial immunity afforded to state investigators who investigate small businesses.
  • Issue of first impression regarding the interpretation of Minnesota’s hunting statutes. 
  • First Amendment limitations on speech about police misconduct.


Selected Publications & Presentations 

Recent First Amendment Issues in Criminal Law, 45th Annual Criminal Justice Institute (August 2010).

False Marking: A new cottage industry? MIPLA CLE (May 2010).

Advising the Disadvantaged II, A Toolkit for Pro-Bono and Public Interest Attorneys Minnesota CLE (May 2011). I presented on how the Minneapolis Department of Civil Rights and the Minneapolis Commission on Civil Rights handles cases.

The Top Patent Law Developments Not Relating to Alice Corp. (April 2015) Fourth Annual University of Minnesota Minn. Law School Patent Symposium.

Exceptional Cases, Enhanced Damages, Attorneys Fees in Patent Litigation (April 2016) Fifth Annual University of Minnesota Minn. Law School Patent Symposium.

The New Era of Patent Litigation: Recent Development in Damages and Discovery  (Moderator) AIPLA Spring Meeting (May 2016).

MSBA Antitrust Law Section CLE, Antitrust Law 101, February 21, (March 2018)

IL-13 Regulates Cilia Loss and foxj1 Expression in Human Airway Epithelium, Am. J. of Respiratory Cell & Molecular Biology, Vol. 37, No.3, pp. 339-349 (with Brigitte N. Gomperts, Linda J. Kim, and Brian P. Hackett) (September 2007)

Preclusive Effect of Trademark Trial and Appeal Board Decisions: Headed to the High Court, Eighth Circuit Bar Association Newsletter (Summer 2014)

Book Review: Myron H. Bright, Goodbye Mike, Hello Judge: My Journey for Justice, Eighth Circuit Bar Association Newsletter (Summer 2015)

Eighth Circuit Fair Labor Standards Act and Class-Certification Case Heard At U.S. Supreme Court, Eighth Circuit Bar Association Newsletter (Winter 2016)

Chapter 7, Effect of Appeal, Stays, and Supersedeas, 8th Circuit Appellate Practice Manual (2018)