No result can be guaranteed until it is said and done. Each case is different. But Scott believes the cases detailed below provide a revealing glimpse into the work he does and the results he achieves.
Toxic Exposure Cases
PICs, PNAs, PAHs, Benzene and an alleged toxic cocktail
While at Vinson & Elkins, Scott was part of the trial team that defended a major gasoline pipeline company in a 12-week trial. Scott tried the case with two other members of the firm, with the assistance of over 150 lawyers and legal assistants. The plaintiffs claimed exposure to benzene and the products of incomplete combustion (PICs), Polycyclic Aromatic Hydrocarbon compounds (PAHs), also known as Polynuclear Aromatics (PNAs), from a huge gas line fire.
Game-changing moment: Scott used sophisticated computer mapping to show the location of all of the people at the time they claimed exposure. Using the computer mapping, Scott worked with experts to overlay the chemical cloud the opposing experts claimed resulted from the spill. With this technology, which was very sophisticated by 1997 standards, Scott was able to demonstrate that, in the worst possible scenario, the claimants’ exposure was less than visiting an average gas station.
Scott was hired to represent several hundred clients exposed to acrylamide, a toxic chemical, released from a railroad tank car. The individuals suffered short-term injuries from the exposure. After filing and aggressively pursuing a claim on behalf of the clients, Scott received referrals of more and more clients in the same neighborhood from lawyers around Houston. Scott led a team of lawyers in a massive fight against the railroad and chemical company responsible for the leak.
The cases settled against the chemical company and three railroads responsible for shipping the chemicals. The terms of the settlements are confidential.
Here, Scott defended a manufacturer facing a claim alleging exposure to hexavalent chromium. The plaintiff claimed he suffered burns and nerve damage from hexavalent chromium released by the company’s product.
Game-changing moment: During his cross examination of the plaintiff’s chemist, Scott uncovered that the chemist had followed the wrong protocol and that the chemistry analysis was invalid. Ultimately, the chemist refused to testify on behalf of the plaintiff.
Scott defended a company accused of exposing an infant to organophosphates. Scott’s client admitted it was at fault for the infant’s exposure, but claimed the infant’s exposure would cause no long-term injuries.
Game-changing moment: Scott believes that companies should admit their mistakes and offer to compensate the victims of those errors. True remorse and an effort to make the other side whole is the best strategy, both legally and morally. At trial, Scott’s client admitted negligence and the jury agreed that the exposure was minimal and awarded the nominal damages.
Scott was appointed by a judge to represent underage children in a case involving an EPA Superfund site. The case was tried in Harris County, Texas. Scott served as the guardian ad litem for the children.
Game-changing moment: Scott discovered that the attorney representing the children had charged certain expenses and fees that were not allowed under the client contract. Scott negotiated with the attorney to exclude these fees and expenses, drastically increasing the children’s recoveries.
Motorcycle Products Liability Cases
Scott was hired as lead counsel to represent the parents of a 21-year-old man who was killed in a motorcycle wreck. Although two other law firms turned down the case, Scott agreed to investigate the case for the family. Scott’s investigation revealed the motorcycle had a defective fuel hose. He filed a claim against Suzuki, the motorcycle manufacturer, in light of the evidence he uncovered.
Game-changing moment #1: Before Scott took over the case, numerous experts who examined the motorcycle failed to discover that the motorcycle’s fuel hose had failed. Since the fuel hose was the subject of a worldwide recall and the wreck was consistent with fuel hose failure, Scott requested that the parties test the fuel pump and fuel hose on the victim’s motorcycle. During testing, the fuel hose failure was readily apparent.
Game-changing moment #2: During cross-examination of a witness during the trial, Scott established that Suzuki’s theory of the wreck was physically and scientifically impossible.The case settled for a confidential amount, after the jury found in favor of Scott’s clients before the jury set to begin deliberations on punitive damages.
Scott and a team of lawyers and support staff from Ware, Jackson, Lee & Chambers, LLP and law firms in Chicago and Philadelphia represented motorcycle riders who were severely injured when their Harley-Davidson touring motorcycles experienced what is commonly known as the “Harley wobble” or “Death wobble.” Although Harley-Davidson had received hundreds of customer complaints and warranty claims for the problem, it claimed the problem did not exist. With 12 companies making aftermarket fixes for the problem, thousands of internet discussions of the problem, multiple police departments discontinuing their use of Harley-Davidson motorcycles because of the problem, Harley-Davidson continued to sell the motorcycle with the same design. As lead counsel, Scott has handled cases in Texas, Illinois, Pennsylvania and Florida.
Game-changing moment: Scott got a service technician to admit in his deposition that he failed to follow the required manual in servicing a client’s motorcycle.Several of the cases resulted in confidential settlements between Harley-Davidson and Scott’s clients, including one case that settled during jury deliberations. One of the cases settled for a confidential amount paid by the dealer, while the case was on appeal from a jury verdict in favor of Scott’s clients. You can read that client’s testimonial here.
Scott represented the family of a boy killed on an off-road motorcycle manufactured by Suzuki. The boy was killed after the motorcycle’s throttle stuck open, causing the motorcycle’s operator to crash into a SUV.Suzuki paid a confidential settlement to resolve the case.
Defective Rear Brakes
Scott represented the husband of a woman killed while riding as a passenger on a Kawasaki Vulcan 2000. The rear brakes malfunctioned, causing the rear wheel to lock unexpectedly. Kawasaki paid a confidential settlement to resolve the case.
For almost a decade at Vinson & Elkins, Scott worked with other lawyers at the firm representing Remington Arms Company in cases brought by people who claimed to have been injured by Remington rifles they claimed were defective. Scott was in a support position, providing research, investigation and other trial preparation support. In the process, Scott assisted in several trials.More recently, Scott served as co-counsel with Ware, Jackson, Lee and Chambers in a wrongful death case against Winchester Arms Company. Scott’s client’s husband was killed when the Winchester Model 94 he was handling misfired. The case was filed in federal court in Connecticut.
The case settled for a confidential amount.
As a defense lawyer, Scott has handled several cases involving alleged defects in elevators and escalators. Scott fought on behalf of the company in two elevator cases that eventually were successfully tried before a jury.
More recently, Scott handled a case on behalf of a woman injured when an elevator malfunctioned.
Game-changing moment: Through his research, Scott uncovered that the elevator repair company was not performing the preventative maintenance on the elevator, and that repairs were not being performed in compliance with state law.The case settled for a confidential amount.
Auction Rate Securities
In 2009 and 2010, Scott and several other attorneys from two law firms and in-house counsel represented a company that lost millions of dollars in the collapse of the Auction Rate Securities Market. The firms pursued lawsuits in federal and state courts against the banks and brokerage companies that misrepresented the liquidity of the investments and withheld vital information about securities.
The client ultimately recovered 90% of the funds it invested in the auction rate market.
Since 1998, Scott has represented several individuals in disputes arising out of partnership and joint venture disillusions. These cases are highly contentious business disputes.
Since 1988, Scott has represented general contractors, owners, sub-contractors and suppliers in cases involving construction projects. The cases have run the gambit of the processes and elements of construction, including:
- Roofing and roof systems
- Window installation and weather proofing
- Construction processes
- Fastening Systems
- Piping and Instrumentation
- Waterproofing and water penetration
- Stair design and construction
- Railing and fall prevention
- Fire alarms, fire prevention and suppression
- Petrochemical plant design and construction
Scott has tried cases in courts or in arbitration such as:
- Scott defended a general contractor in a construction accident involving serious back injuries resulting from a fall.
- In another construction accident, Scott represented the owner of a petrochemical plant, who was acting as the general contractor in the expansion of their plant. When a worker fell from the structure during construction, the chemical company hired Scott to defend it.
- Scott served as co-counsel in an arbitration proceeding on behalf of a plant owner sued by a general contractor seeking $5 million in payments for change orders and cost overruns.
Currently, Scott is representing builders and subcontractors in multiple construction defects cases. Here is the testimonial from one of those clients.