Scott Burnett Smith

Scott Burnett Smith founded and chairs Bradley’s Appellate team. He has been involved in more than 250 appeals across federal and state courts, including the U.S. Courts of Appeals for the Second, Third, Fourth, Fifth, Sixth, Ninth, Tenth, Eleventh and D.C. circuits. His appellate work also extends to the Alabama Supreme Court and Court of Civil Appeals, and appellate courts in Arkansas, California, Georgia, Minnesota, Nevada and Texas. Scott has presented oral argument 34 times, including before the Alabama Supreme Court and six federal courts of appeals. He has been involved in 33 cases before the U.S. Supreme Court, two of them on the merits, and is a Fellow of the American Academy of Appellate Lawyers.

Class actions are a substantial part of Scott’s practice. He has been involved in dozens of nationwide class actions in state and federal courts and has handled more than 45 class action appeals. He also regularly serves as the appellate lawyer embedded with a trial team in complex civil litigation. In that capacity, he has succeeded in obtaining trial-court remittiturs or appellate reversals and rendered judgments in several multimillion-dollar injury verdicts, including verdicts with punitive damages.

Beyond appeals and class actions, Scott’s practice includes healthcare payments litigation, Medicare Advantage regulatory disputes, ERISA litigation, government investigations and other complex litigation. He writes and speaks regularly on class actions and appellate practice.

Scott has held several leadership roles with DRI – The Voice of the Defense Bar. He is a former national director on its Board of Directors and has chaired both its Amicus Committee and Appellate Advocacy Committee. He has also chaired DRI’s national Class Action seminar.

AIG Baker Sterling Heights, LLC v. American Multi-Cinema, Inc., 130 S. Ct. 3287 (2010).
Bradley Arant represented American Multi-Cinema in the trial court and on appeal in this Federal Arbitration Act case. Mr. Smith was counsel of record and wrote the opposition to the certiorari petition. 

AIG Baker Sterling Heights, LLC v. American Multi-Cinema, Inc., 579 F.3d 1268 (11th Cir. 2009), cert. denied, 130 S. Ct. 3287 (2010).
The Eleventh Circuit in this case affirmed the district court’s ability to grant American Multi-Cinema Rule 60(b)(5) relief from a judgment on an arbitration award. Mr. Smith successfully briefed and argued the case on appeal. Mr. Smith also successfully opposed certiorari to the U.S. Supreme Court. 

Alabama Dept. of Transp. v. Land Energy, Ltd., 886 So. 2d 787 (Ala. 2004).
In this inverse condemnation case, the Alabama Supreme Court affirmed a $650,000 jury verdict awarded to Land Energy because the State had trapped its mineral interests under an interstate highway. Land Energy retained Bradley Arant to represent it on appeal. Mr. Smith and Matt Lembke wrote Land Energy’s brief in the Alabama Supreme Court. 

Alabama Municipal Insurance Corp. v. Alabama, 528 U.S. 823 (1999).
The Supreme Court denied certiorari in this constitutional challenge to Alabama’s insurance premium tax. The State of Alabama hired Bradley Arant to represent it in the Supreme Court after the Alabama Supreme Court upheld the tax as constitutional. Mr. Smith assisted in writing the opposition to certiorari. The denial of certiorari in this case preserved $150 million in tax revenues per year to the State’s general fund. 

Atlanta Cas. Co. v. Russell, 798 So.2d 664 (Ala. 2001).
This appeal was the first class action certification appeal decided by the Alabama Supreme Court pursuant to Ala. Code § 6-5-642. Bradley Arant was hired to represent Atlanta Casualty on appeal. Mr. Smith, Mike Pennington, and Matt Lembke briefed the case. The Court unanimously decertified a nationwide class without oral argument. 

• Vanderbilt University Law School, J.D., 1997, Order of the Coif; Senior Articles Editor, Vanderbilt Law Review; Moot Court Board; Alabama Law Foundation Scholarship
• Vanderbilt University Divinity School, Master of Theological Studies, 1997, Cornelius Vanderbilt Founder's Medal for First Honors (valedictorian); Faculty Merit Award, Dean's Scholarship
• University of Dublin, Trinity College, 1993, Rotary Foundation Ambassadorial Scholar, 1992-1993; Graduate Studies in Creative Writing and Irish Literature
• Auburn University, B.A., 1991, summa cum laude

• Alabama
• Texas

• Listed in Business Alabama, Legal Elite 2025-2026
• American Academy of Appellate Lawyers, Fellow, Board of Directors
• Listed in Chambers USA, Litigation: Appellate, 2021-2026
• Listed in Mid-South Super Lawyers, Appellate, 2016-2025
• Listed in Alabama Super Lawyers
  • "Top 50," 2015
  • Appellate, 2011-2015
• Listed in The Best Lawyers in America^®
  • "Lawyer of the Year," Huntsville, Appellate Practice, 2022, 2024, 2026
  • Appellate Practice, 2007-2027
  • Bet-the-Company Litigation, 2018-2027
  • Commercial Litigation, 2015-2027
  • Mass Tort Litigation/Class Actions – Defendants, 2021-2027
  • Litigation – ERISA, 2022-2027
• Listed in Benchmark Litigation, "Appellate Star," Alabama, 2012-2013
• DRI Tom Segalla Excellence in Education Award, 2016

• DRI - The Voice of the Defense Bar
  • Publications Board Chair, 2016
  • Board of Directors National Director, 2012-2015
  • Amicus Committee Chair, 2010-2012
  • Appellate Advocacy Committee Chair, 2009-2011
  • National Class Action Seminar Chair, 2011
• American Academy of Appellate Lawyers
  • Fellow, 2016
  • Board of Directors, 2026