Robert P. Scott
|Houston, TX||v. +1.713.228.6607||f. +1.713.228.6605|
Robert Scott practices in the area of civil litigation with primary emphasis on toxic tort defense and commercial litigation.
Mr. Scott is a member of the American Board of Trial Advocates. He is certified in civil trial law by the Texas Board of Legal Specialization. He is also a member of the Texas Association of Civil Trial and Appellate Specialists.
Toxic Tort Defense
- Lead counsel to chemical manufacturer in class action and related claims filed as a result of release of chemical by third-party customer of manufacturer into the Elk River and resulting “Do Not Use” order which put 200,000 plus residents and businesses out of water for ten days. Settlement terms have been reached but not yet approved by federal court.
- Lead counsel to major oil company in claim that plaintiffs’ deceased who was a long-time service station operator developed acute myeloid leukemia from exposure to benzene in gasoline. Louisiana federal judge excluded plaintiffs’ experts on exposure and medical causation after two day Daubert hearing and granted summary judgment dismissing case. Judgment was affirmed by Fifth Circuit Court of Appeals.
- Trial counsel to major oil and chemical companies in multiple lawsuits in Texas, Pennsylvania, Florida and Louisiana in which plaintiffs claim that exposure to benzene, benzene-containing products and/or butadiene caused leukemia, lymphoma or myelodysplastic syndrome. We have tried cases of this type over 30 years in Texas, Louisiana, Mississippi and obtained summary judgments in a number of these cases in these and other jurisdictions.
- Major oil company—Exclusion of plaintiffs’ exposure and causation experts and summary judgment in gasoline acute myelogenous leukemia lawsuit in Louisiana federal court.
- Major oil company— Lead counsel in Louisiana jury trials including defense verdict in two week trace benzene lymphoma trial in New Orleans state court.
- Major chemical distributor—Lead counsel in two week Beaumont, Texas jury trial of benzene-acute myelogenous leukemia wrongful death suit that resulted in defense jury verdict.
- Major oil company—Defense co-counsel on medical and scientific issues in three week Mississippi jury trial claiming serious cognitive and respiratory deficits.
- Pesticide manufacturer—Defense trial counsel in first trial in South Texas cases in which approximately 1900 plaintiffs claimed a variety of diseases and illnesses, including various cancers as a result of exposure to organochlorine pesticides. Case settled during trial.
- Major oil companies—Summary judgment in New Mexico gasoline-benzene myelodysplastic syndrome case based on the exclusion of plaintiffs’ experts under New Mexico’s scientific evidence standards. Appellate co-counsel in plaintiffs’ appeal of summary judgment to New Mexico Court of Appeals resulting in opinion affirming exclusion and summary judgment.
- Retained in individual and group defense of major petrochemical companies in numerous cases in Texas, Louisiana, New Mexico, New York, Oklahoma and Pennsylvania in which employees, contract workers or community residents claim to have developed blood, lymphatic system, brain or gastrointestinal tract cancers as a result of alleged exposure to benzene, butadiene and/or other aromatic or chlorinated hydrocarbons.
- Retention as national coordinating counsel by major, multi-national chemical distributor in benzene and solvent litigation filed throughout the United States.
- Retention as national coordinating counsel and trial co-counsel by major petrochemical company in asbestos products litigation filed throughout the United States.
- Summary judgment for multiple defendants in benzene-acute myelogenous leukemia case based on the Texas bulk supplier/sophisticated user doctrine. Also appellate counsel in plaintiffs’ appeal to Texas Court of Appeals resulting in opinion affirming summary judgment.
- Summary judgment in Texas federal court in gasoline-benzene acute myelogenous leukemia lawsuit based on the exclusion of plaintiffs’ experts under the United States Supreme Court’s Daubert analysis.
- Summary judgment in a gasoline-benzene lymphoma lawsuit in Dallas based on the exclusion of plaintiffs’ experts under the Texas Supreme Court’s Robinson analysis.
- Co-counsel in gasoline-benzene acute myelogenous leukemia lawsuit based on the exclusion of plaintiffs’ experts under New York law (Frye standard). New York appellate courts reversed trial court’s refusal to exclude experts and granted summary judgment.
- Trial co-counsel in case in which 2,000 plaintiffs claimed personal injuries, death and/or property damage as a result of alleged soil and groundwater contamination by a number of aromatic solvents, chlorinated compounds and dioxins. Six week trial of four initial plaintiffs resulted in a defense verdict in Beaumont, Texas and in a favorable settlement of the remaining claims.
- Successful trial to verdict of living mesothelioma asbestos plaintiff in Manhattan, New York.
- Retention by major petrochemical company as trial co-counsel to prepare and put on medical/scientific defense on causation issues in Houston federal court case in which over two thousand plaintiffs alleged community soil and water contamination with polycyclic aromatic hydrocarbon compounds from crude oil and “environmental racism.” The claims of the first Plaintiffs to go to trial resulted in a mistrial at the close of the Plaintiffs’ case two months into trial.
- Defended major petrochemical company in a South Texas case in which 450 plaintiffs claim personal injuries including respiratory, dermatologic, neurologic and immune system injuries as a result of employment in a rubber o-ring manufacturing facility.
- Preparation and trial defense of concrete saw blade manufacturer on medical/scientific causation issues in a claimed “hard metal disease” death case in Beaumont, Texas.
- Retention by several defendants as trial co-counsel in Ft. Worth, Texas to prepare the medical/scientific defense on causation and exposure issues in an environmental and toxic tort case involving five hundred plaintiffs alleging community ambient air contamination and exposure to a variety of solvents and respiratory irritants from a waste disposal facility in northeast Texas.
- Gas processing venture—Commercial arbitration over manuscript project completion insurance policies, with resulting award and payments to client totaling $103,140,093.
- Major petrochemical company—Commercial suit in which Plaintiffs made tort and warranty claims arising from corrosion allegedly caused by use of grease in fire hydrants.
- Successfully represented minority shareholder in minority oppression lawsuit against petrochemical service company.
- Successfully represented minority shareholder in minority oppression lawsuit against software development company.
- Represented an oil well service company in a fraud and breach of contract suit against a large natural gas producer which resulted in a multi-million dollar settlement during trial.
- Representation of president of a software company who was terminated without payment under Deferred Compensation Agreement and Executive Compensation Contract, and as co-lead counsel obtained jury verdict in client’s favor, which was increased on appeal resulting in payment to client of $989,271.
- Litigation: General Commercial Law, listed in Chambers USA
- 2013–2018, Commercial Litigation, listed in Best Lawyers in America©
- 2005, 2008–2012, 2014–2017, “Super Lawyer” in Business Litigation, listed in Texas Super Lawyers
- 2016, “Top Rated Lawyer” in Texas, listed in Texas Lawyer Magazine
A description of the standard or methodology on which the accolades are based can be found here.