Elliot H. Scherker - Greenberg Traurig, LLP

Elliot H. Scherker

Listed in Best Lawyers since 2001
Phone: 305-579-0579

With more than 40 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 both their legal rights and structuring their transactions. He is the co-chair of the firm's National Appellate Practice Group.

University of MiamiBA 1972University of Miami School of LawJ.D. 1975
Baptist Health Founders SocietyAmerican Bar Association American Law InstituteAmerican Academy of Appellate LawyersAmerican Bar Foundation

Case History

Other Court Admissions
  • 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

Areas of Concentration
  • Appellate practice
  • Constitutional litigation
  • Environmental and land use litigation
  • White collar criminal defense
  • Bankruptcy appeals
  • Litigation trial support
  • Securities litigation
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.
Part 2

  • 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.

Office Location

333 SE Second Avenue, Suite 4400
Miami, FL 33131
United States

Lawyer of the Year Awards

2010 Lawyer of the Year in Appellate Practice of the Miami Metro Area
Elliot H. Scherker has earned a Lawyer of the Year award for 2010!

Practice Areas

Appellate Practice
Criminal Defense: White-Collar (Defendants)
Personal Injury Litigation - Defendants (Appellate)