Miles Scully is continually ranked as one of the top trial attorneys in the nation. The National Law Journal recently named him one of 25 foremost trial attorneys in the United States. During the past decade, Miles has been rated as one of California’s Top 100 Lawyers by the Daily Journal, Top 10 Trial Attorney by the Daily Transcript, a Thomson Reuter Top 50 Attorney, and a Leader in Law by the San Diego Business Journal.
Miles has represented numerous public and private companies in high-stakes litigation and regularly advises senior executives, boards of directors, and other clients on risk-mitigation strategies.
- Representing Red Head Inc., a company affiliated with rock musician Sammy Hagar, in a trademark infringement case against the unauthorized Cabo Wabo restaurant in Los Angeles.
- Obtained an appellate class action defense ruling against a claim that consumers could not dispense the full labeled quantity of thick, viscous makeup from the pump bottles in which L’Oréal packaged multiple lines of cosmetics. The U.S. Court of Appeals for the Second Circuit ruled that plaintiffs’ case violates the federal Food, Drug and Cosmetic Act (“FDCA”), which expressly preempts any state law requirements that differ from federal law. For more information, click here.
- Obtained a complete class action dismissal of two-year pending case for L’Oréal against a claim of deceptively marketing a black women’s hair relaxer as scalp-protecting but instead caused burns and hair loss. For more information, click here.
- Successfully representing performance beverage company in numerous claims brought by competitor. Latest news here.
- Experience defending corporate and individual clients in the civil context involved with allegations of sexual misconduct. Adept at identifying and using deficiencies in his cases against corporate clients whose employees have been accused of misconduct.
- Obtained complete dismissal of a nationwide class action alleging that the pump dispensers atop four lines of liquid makeup sold by Client, the world’s largest cosmetics company, left too much viscous makeup residue inside the bottles.
- Obtained summary judgment on behalf of homeowner’s insurer on claims of breach of homeowner’s policy and negligence in the adjustment of the plaintiff’s storm related property damage claim. The plaintiffs alleged that they suffered toxic mold poisoning and sought more than half a million dollars in damages based upon claims for breach of contract and bad faith.
- Obtained a complete class action defense verdict for L’Oréal against a claim that one of its hair products badly injured users. Plaintiffs sought damages of $1 million. Identical suits were brought against other hair product makers, all of which had previously lost or settled, including two in the eight-figure range.
- Obtained a complete class action defense verdict on behalf of a multinational clothing corporation in a case facing more than $1 billion of exposure and a $288 million demand. This was the largest defense verdict in the history of the firm. To read the ‘Cover Story’ article in the Daily Journal, please click here.
- Successfully defeated class certification and obtained full dismissal of four-year food labeling case against client, a national family-owned tea manufacturer, alleging violations of the Federal Food, Drug, and Cosmetic Act related to antioxidants in green and black teas.
- Secured order from the U.S. District Court for the Southern District of California denying class certification of an action filed against a national convenience food franchisor under the Telephone Consumer Protection Act and Business & Professions Code 17200. The plaintiff sought certification of a nationwide class of 7 million members, and statutory damages of $1,500 per class member.
- After the firm filed a motion to dismiss a purported nationwide class action in which the plaintiffs claimed a distributor of stevia sweetener misrepresented the sweetener as “100% Natural,” the plaintiffs agreed to settle their claims for a fraction of what other stevia manufacturers had paid in prior cases.
- Defense verdict in a six week $10m carbon monoxide brain injury case in Fresno. (Recognized by The Daily Journal as a Top 20 Verdict of 2013)
- Defense verdict and award of 300k in attorney’s fees and cost in a homeowner association dispute over ocean view rights. Upheld on appeal along with an additional assessment of 70k against plaintiff which was collected. (Orange County)
- Defense verdict in professional negligence case against property inspector for alleged failure to disclose foundation cracks. (Los Angeles)
- Defense verdict in alleged whistleblower wrongful termination case. (Orange County)
- Wrongful termination settlement at trial for less than offer to statutory offer to compromise. (Los Angeles)
- Breach of Distribution Agreement claim by Fortune 100 client against its distributor settled during trial for a return of the distribution rights valued at $500m by Wall Street. (San Diego)
- Copyright Infringement claim against Fortune 500 client settled during trial for statutory offer to compromise. (Los Angeles)
- Partnership dispute settled at trial for nuisance costs after favorable court rulings. (Los Angeles)
- Contract dispute settlement at binding arbitration for less than statutory offer to compromise. (San Diego)
- Denial of class certification and subsequent victory on summary judgment in a $100m apartment security deposit cases against a national REIT (Real Estate Investment Trust). (Los Angeles)
- Prevailed on motion for summary judgment in claim of fraud, violation of civil rights, and unfair business practices. (Los Angeles)
- Defense verdict in class action misrepresentation case regarding food packaging and labelling. (San Diego)
- Defense verdict in alleged misrepresentation case regarding food packaging and labelling brought by competitor before the National Appeals Division.
- No adverse verdicts
- Author, EPA and developing PFAS science: impacts on litigation, Reuters and Westlaw Today (January 2024)
- Author, The forever frontier: PFAS trends can create new areas of focus for companies, Reuters and Westlaw Today (November 2023)
- Author, PFAS settlements: Future of PFAS litigation landscape to be determined by upcoming decision, Reuters, (August 2023)
- Author, PFAS settlements: Future of PFAS litigation landscape to be determined by upcoming decision, Westlaw Today (August 2023)
- Author, Using chatbots or AI on your website? Risks and recommendations, Westlaw Today (April 2023)
Media
- Featured, Sammy Hagar Affiliate Sues LA Cabo Wabo Cantina Over Trademark, Bloomberg Law, 2024
- Featured, Gordon Rees Rebrand Spotlights 50-State Footprint to Meet National Client Needs, The Recorder, 2023
- Featured, Waterfront at Manhattan Harbour’s Condos Near Completion, Connect CRE, 2023
- Featured, Litigation Leaders: Miles Scully on the Value of Being in All 50 States, American Lawyer, 2023
- Featured, $50 million luxury condo project under construction along the Ohio River, Cincinnati Business Courier, 2021
- Featured, The Celebrity Agave Obsession, BMG, 2021
- Featured, L’Oreal Aims To Sink ‘Waterproof’ Face Brush False Ad Claims, Law360, 2020
- Featured, Miles Scully, Named Partner at GRSM – America’s Only Firm Present in All 50 States – Makes Major Real Estate Development in Cincinnati, Venue Magazine, 2020
- Keynote Speaker, Commencement, Stebbins High School, 2015
Admissions
- California
- Illinois
- U.S. District Courts, California
- U.S. Court of Appeals, Ninth Circuit
Memberships
- Corporate Directors Forum
- American Bar Association
- American Inns of Court
- American Trial Lawyers Association
- Defense Research Institute
- Southern California Association of Defense Counsel
Education
- J.D., The Ohio State University College of Law
- Awards for both written and oral advocacy
- B.A., cum laude, Journalism and Political Science, Ohio University
- Recipient of Quill & Scroll National writing award
Externship
- Federal District Court
Honors
- Best Lawyers in America® distinction in Commercial Litigation (2023)
- Winning Litigator,
The National Law Journal - Leaders in Law “Litigation” Award Winner, San Diego Business Journal
- Top 100 Lawyers in California, Daily Journal
- Top 20 Defense Results, Daily Journal
- Top 10 Trial Attorneys in Southern California, Daily Transcript
- Distinction in the field of Business Litigation (Thomson Reuters)
- Most Honored Professionals, American Registry
- Leader in Law, San Diego Business Journal
- Top Lawyers in San Diego, San Diego Magazine
- Top Rated Lawyer-AV® Preeminent™, Martindale-Hubbell in the areas of: Commercial Litigation; Employment Law; Environmental & Toxic Tort; Securities Litigation; Unfair Trade Practices/Unfair Competition; Directors and Officers Litigation
- Who’s Who Among Executives and Professionals California’s Entrepreneur of the Year, Business Defense and Advisory Council
- Recipient of the Outstanding, Alumnus of Walter E. Stebbins, High School award
- Irish Legal 100, Irish Voice Newspaper, New York