Francis O. Scarpulla
Upon graduation from Hastings School of Law in June 1967, Mr. Scarpulla became an associate in the Law Offices of Joseph L. Alioto with responsibilities for the preparation of complex civil antitrust cases. In November 1970, Mr. Scarpulla formed his own firm and continued prosecuting complex civil cases. In June 2006, Mr. Scarpulla joined the firm of Zelle Hofmann Voelbel & Mason as a senior partner where he led that firm's antitrust practice until March 2015, when he returned to his original firm.
Mr. Scarpulla has participated in many federal antitrust class actions which have served to develop both state and federal law. Mr. Scarpulla has been appointed as lead or co-lead for indirect-purchaser plaintiffs' counsel in many federal class actions, which position has led to outstanding settlements on behalf of plaintiffs. See, for example, In re: TFT-LCD (Flat Panel) Antitrust Litigation, MDL 1827.
Francis is on the approved list of mediators for the Northern District of California, the State Bar of California, and the San Francisco Bar Association. He has taught antitrust law courses at several bay area law schools, including University of California's Hastings School of Law, the University of San Francisco, and Golden Gate University Law School.
Francis O. Scarpulla specializes in prosecuting complex civil cases, primarily antitrust lawsuits, most of which are Class Actions. Mr. Scarpulla is an advocate for the plaintiff.
He received his B.A. at the University of California at Berkeley; and his J.D. at University of California, Hastings School of Law.
Francis is admitted to practice in the following venues:
United States Supreme Court
United States Circuit Courts of Appeals for the Fifth, Seventh and Ninth Circuits
United States District Courts:
Northern District of California
Central District of California
Eastern District of California
Southern District of California
Northern District of Illinois
Eastern District of Pennsylvania
California Supreme Court and all inferior courts of the State of California
Solicitor, United Kingdom
St. Joe Paper Company v. Superior Court (1981) 120 Cal.App.3d 991, 175 Cal.Rptr. 94; developed the law involving state-court antitrust jurisdiction.
Union Carbide Corporation v. Superior Court (1984) 36 Cal.3d 15, 201 Cal.Rptr. 580, 679 P.2d 14; joinder of parties and fraudulent concealment.
Crown Oil Corporation v. Superior Court (1986) 177 Cal.App.3d 604, 223 Cal.Rptr. 164, re-hearing denied; ; March 13, 1986, hearing denied, May 22, 1986, U.S. S.Ct. appeal dismissed, October 14, 1986); federal pre-emption policies.
B.W.I. Custom Kitchen v. Owens-Illinois, Inc. (1987) 191 Cal.App.3d 1341, 235 Cal.Rptr. 228, re-hearing denied, March 30, 1987, hearing denied, July 2, 1987, request for depublication denied, July 20, 1987; propriety of class action certification in such actions.
In re TFT-LCD (Flat Panel) Antitrust Litigation, USDC/NDCA No. 3:07-md-01827-SI; settlement
Publications & Presentations:
Co-author, "B.W.I., California's Favorable Class Action Jurisprudence, and Their Post-CAFA Application," Competition, Vol. 17, No. 2, Fall 2008.
Co-author, California State Antitrust & Unfair Competition Law, 2009.
Co-author, California Class Actions and Procedures, published by LexisNexis.
Co-author, California Antitrust Law, published by California State Bar, section on indirect-purchaser class actions.
Contributor, Mediation Techniques, published by International Bar Association; chapter: "Aggression in Mediation."
Panelist, "Plaintiffs' Strategies for Pursuing Private Damage Claims," 2010 International Cartel Workshop, Paris, February 10-12, 2010.
Co-Author, "Thinking Globally about Recovery Actions in International Cartel Cases," pending publication by Journal of Antitrust Enforcement, Oxford University Press.
Patrick B. Clayton
Patrick B. Clayton is Of Counsel to the Law Offices of Francis O. Scarpulla, where his practice focuses on antitrust litigation and unfair competition matters. Patrick has experience serving in a lead case management role in single plaintiff and class action litigation involving price-fixing, monopolization, and other commercial torts. Patrick has represented clients in state and federal courts, as well as in mediation, including the following illustrative matters:
• In re Generic Pharmaceuticals Pricing Antitrust Litigation, MDL No. 2724 (E.D. Pa.) -- representing class of independent pharmacies seeking recovery of damages suffered because of alleged price-fixing in the generic drug industry.
• California North Bay Fire Cases, JCCP No. 4995 (San Francisco Super. Ct.) -- representing individuals and small businesses that suffered damage in the October 2017 fires because of alleged negligence of utility operator.
• In re Parking Heaters Antitrust Litigation, Case No. 15-MC-940 (E.D.N.Y.) -- representing class of end-users and resellers of commercial truck heating accessories subject to alleged price-fixing by manufacturers.
Patrick received his law degree in 2005 from the University of California, Davis, King Hall School of Law, and earned a Bachelor of Arts with a major in English in 2001 from the University of California, Berkeley. He is a member of the California State Bar, and admitted to practice before various federal courts.
Patrick is a chapter co-author of two leading antitrust practice guides: “Exemptions, Immunities, and Other Defenses To Antitrust Liability,” CALIFORNIA ANTITRUST AND UNFAIR COMPETITION LAW, Chapter 13 (State Bar of California, rev. ed. 2014); and “Pre-complaint activities,” PRIVATE ENFORCEMENT OF ANTITRUST LAW IN THE UNITED STATES: A HANDBOOK, Chapter 2 (American Antitrust Institute, 2012).