Scott Moriarity

Attorney

(612) 252-3570 samoriarity@wantathome.com

Scott Moriarity litigates complex employment and class action disputes, helping ordinary people vindicate their rights against large, well-funded opponents. He also provides insight and guidance on noncompetes, stock options, benefit packages, executive contracts, and other sophisticated transactions. Scott has accomplished major victories in courts throughout the United States, and he brings that legal expertise and depth of understanding to his day-to-day work for his clients.

Scott is actively involved with the Federal Bar Association and the National Employment Lawyers Association. He has taught legal seminars on employment agreements and regularly mentors newer attorneys on legal writing and advocacy. Scott supports numerous community organizations and volunteers for Cancer Legal Care, the League of Women Voters, and In the Heart of the Beast Mask and Puppet Theater. In his free time Scott can be found playing jazz trombone at local clubs and festivals or cheering for the Minnesota Lynx.

Education

William Mitchell College of Law, St. Paul, MN, J.D., cum laude; Staff Editor and Editorial Board Member, William Mitchell Law Review
University of Minnesota, Minneapolis, B.M.; Presidential Scholar

Admissions

Minnesota Supreme Court
U.S. Court of Appeals, 1st Circuit
U.S. Court of Appeals, 2nd Circuit
U.S. Court of Appeals, 3rd Circuit
U.S. Court of Appeals, 6th Circuit
U.S. Court of Appeals, 7th Circuit
U.S. Court of Appeals, 8th Circuit
U.S. District Court, Central District of Illinois
U.S. District Court, Northern District of Illinois
U.S. District Court, District of Minnesota

Professional Memberships

Federal Bar Association, Minnesota Chapter, Member
Minnesota State Bar Association, Labor & Employment Law Section
Minnesota Association for Justice
Hennepin County Bar Association

Honors

Super Lawyers® Super Lawyer, Class Action/Mass Torts, 2021-2024
Minnesota Monthly: Top Lawyers 2023, 2024

Publications & Presentations

Counseling Executives & Key Employees About Employment Agreements, Presenter, Mitchell Hamline School of Law Alumni CLE Series, Sept. 15, 2021
Making the Best Claim for ERISA Disability Benefits, Minnesota Trial, Author, Spring 2019
ERISA Long-Term Disability Benefits: Deemed Exhaustion and Judicial Review Under the New 2017 Regulations, ERISA Report, Author, Dec. 2017
Copyright for Artists, Minneapolis Community & Technical College, Presenter, Nov. 2, 2017
Good Data, Bad Decisions: What Neuroscience Teaches Us about Legal Advocacy, Minnesota CLE Webcast, Presenter, Apr. 14, 2016
A Quick Introduction to Intellectual Property, TwinWest Power Partners, Presenter, Nov. 3, 2014
Responsible Hiring and Firing, TwinWest Power Partners, Presenter, Apr. 6, 2014
Document Retention Policies 101, TwinWest Power Partners, Presenter, Aug. 5, 2013
Anna Nicole Smith Returns to the Supreme Court: Stern v. Marshall and Article I Jurisdiction, 38th Annual FBA Federal Practice Seminar, Minnesota Chapter of the Federal Bar Association, Moderator, June 28, 2012
Prepare to Be Boarded: Are Your Visitors Pirates? Online Piracy and Copyright Law, Presentation Author, Apr. 2012

Representative Cases

Bright v. Pathformance, Inc., No. 23-1262 (D. Minn.) (litigated and settled employee’s claims against former employer over misappropriation of stock and stock options)
Provencher v. Bimbo Bakeries USA, No. 22-198 (D. Vt.) (in collective action under Fair Labor Standards Act, defeated defendants’ counterclaims and obtained conditional certification)
Schave v. CentraCare Health System, No. 22-1555 (D. Minn.) (defeated motion to dismiss in part against trustees of 401(k) variable-benefit retirement plans; prosecuted discovery and negotiated settlement of ERISA claims)
Johnson v. Transport Corp. of America, Inc., No. 21-1003 (D. Minn.) (investigated common carrier’s wage and business practices and participated in negotiation team that procured settlement of collective-action minimum wage claims under Fair Labor Standards Act)
Garcia v. RSM US Wealth Management LLC, No. 27-cv-21-11273 (Minn. Dist. Ct.) (defeated motion to dismiss wealth advisor’s Minnesota Whistleblower Act claims, based on reported violations of Investment Advisers Act, and negotiated settlement)
Lichtman v. Whole Foods Market Group Inc., No. 21-82 (E.D.N.Y.) (negotiated settlement of multiple claims for violations of New York call-in and wage disclosure laws)
Berg v. Brown, No. 27-cv-18-19715 (Minn. Dist. Ct.) (won jury trial for executive asserting fraud and breach of contract claims against former employer)
Rivera v. GAF Building Materials Mfg. Corp., No. 20-2649 (D. Minn.) (litigated and settled race discrimination and whistleblower claims by Hispanic-identifying manager)
Noll v. Flowers Foods, Inc., No. 19-8001, 2019 WL 3423463 (1st Cir.) (drafted and finalized opposition to interlocutory review of class certification in employment misclassification case by Maine bakery delivery drivers; participated in further litigation leading to $9 million reclassification settlement)
Walgren v. Ventura Foods LLC, No. 24-cv-18-149 (Minn. Dist. Ct.) (investigated violations of Food, Drug & Cosmetic Act by major food manufacturer, obtained discovery sanctions and procured settlement for whistleblower under Minnesota Whisteblower Act)
Johnson v. Thomson Reuters, No. 18-70 (D. Minn.) (obtained preliminary certification and participated in negotiation team in settlement of unpaid overtime claims under Fair Labor Standards Act)
Torch v. Windsor Surry Co., No. 17-918 (D. Or.); Begley v. Windsor Willits Co., No. 17-317 (D.N.H.) (supervised and prosecuted discovery, prevailed on discovery motion, and positioned building products consumer protection case for settlement)
Carr v. Flowers Foods, Inc., Nos. 15-6891, 16-2581 (E.D. Pa.) (drafted and finalized class certification and opposition to collective-action decertification of misclassification and overtime claims on behalf of bakery delivery drivers in Maryland, New Jersey, and Pennsylvania, later leading to $13 million class action settlement)
Johnson v. Thomson Reuters, No. 18-70 (D. Minn. Mar. 19, 2019) (obtained settlement for unpaid overtime on behalf of group of online-service account managers)
In re National Collegiate Student Loan Trusts, No. 16-775 (D. Minn. May 10, 2016) (advised owner-trustee of student loan derivatives on application of Minnesota trust laws and procedures)
In re IKO Roofing Shingle Products Liability Litigation, 757 F.3d 599 (7th Cir. 2014) (formulated strategy and drafted petition for legal team that successfully appealed denial of class certification against property owners)
Holbrook v. Louisiana-Pacific Corp., No. 12-4166 (6th Cir. July 12, 2013) (successfully appealed dismissal, allowing homeowner to pursue claim against maker of defective trimboard product)
Allstate Property & Casualty Ins. Co. v. Linea Latina de Accidentes, No. 09-3681 (D. Minn. Aug. 12, 2011) (won motion to compel documents from insurance company, with court awarding attorney fees and costs)

Client Reviews

“I was incredibly impressed with Scott Moriarity professionally and personally. From my initial inquiries with Scott until actually retaining the firm, the guidance I received was well thought out, incredibly strategic and resulted in an outcome that I was more than satisfied with.” –Alan S.
“Scott was very helpful talking through a severance contract. Very quick response, straightforward, and got me all the answers I needed to move forward. Would highly recommend!” –Melissa W.
“I had a consultation with Scott, he was very thorough in his questions, his perspective on next steps was very clear and thoughtful. It was clear that he looks after his clients best interests. Thanks Scott.” –Katherine B.
“As someone who has never needed to consult with a lawyer (until now), I had no idea it would be nearly impossible to get even a single one to return my calls. That’s where Scott Moriarity at Wanta Thome came in. Not only did he reach out to me within 1 business day, he took the time and energy to listen to me and give me his professional opinion. While we mutually agreed it wasn’t in anyone’s best interest for me to retain his services, he still took me seriously and helped me when I really needed it. If I EVER need an employment attorney, this is who I will call, hands down.” –Ashley M.