PROFESSIONAL EXPERIENCE
Scott is a senior shareholder and Managing Director of the firm. Prior to joining the firm in 1999, Scott practiced in Las Vegas, where he was house counsel for two insurance companies and was an associate at a smaller general practice firm. Scott particularly enjoys trial work, and his practice currently focuses exclusively on litigation. Scott enjoys dealing with cases that involve complex medical and legal issues. While practicing in Nevada, he also arbitrated more than 50 personal injury cases as a court-appointed arbitrator. He is co-chair of the firm’s Mediation and Arbitration practice group.
 

---

AREAS OF PRACTICE

Construction/Design Professional:

Represents businesses and design professionals in claims alleging construction defect; represents businesses in cases involving construction-related fires. Representative matters include:

• Favorably settled a multimillion dollar construction defect claim while defending a general contractor. Settlement was for significantly less than the amounts claimed
• Obtained a favorable verdict on behalf of a defendant fireplace manufacturer accused of negligent installation of a fireplace which allegedly caused a fire in a multi-million dollar home
• Represented stucco contractor in construction defect claim involving apartment complex.
• Represented excavating contractor in defect case involving custom home in Park City
• Represented fireplace subcontractor in claim involving destruction of custom home by fire
• Represented helical pier contractor in home subsidence case, currently on appeal
• Represented waterproofing subcontractor in apartment construction defect case
• Represent various general contractors in defense of construction defect cases and pursuit of subrogation from sub-contractors
• Represent various property owners against wrongful liens

 

Professional Liability: 

Represents professionals and clients in licensing, malpractice, and other claims. Representative matters include:

• Defended ambulance company and personnel against several personal injury and malpractice claims
• Defended accounting firm against allegations by former employee of improper conduct
• Discreetly resolved malpractice claim against attorney who failed to obtain Qualified Domestic Relations Order
• Successfully pursued and defended claims against professionals under Fair Debt Collections Practices Act
• Defended physical therapist against allegations of improper conduct with a patient
• Defend attorneys in relation to various investigations by the Office of Professional Conduct

 

Commercial Litigation and Crisis Management:

Advises and represents individuals and corporations in commercial cases and hot button disputes. Representative matters include:

• Defend international sports company against claims of using proprietary information
• Successfully represent franchisees and franchisors with crisis management litigation
• Defend against TRO’s and preliminary injunctions involving trade secrets, non-competition and other time sensitive issues
• Defend water company in lawsuit regarding water rights and the existence of long standing easements over property
• Immediate responses to requests to preserve evidence and establish litigation strategies

Personal Injury, Plaintiff and Defense:

Represents injured persons and defendants in personal injury actions, involving catastrophic injuries, automobile and semi-truck accidents, slip and fall, and premises liability. Representative matters include:

• Won jury trial for cheerleader injured by negligence of school district, high school, and coaches
• Awarded a favorable, confidential, settlement on behalf of his client/plaintiff in a large medical malpractice case against a doctor and hospital for failure to diagnose client's Charcot Foot.
• Won Utah Court of Appeals ruling affirming summary judgment for commercial property owner in slip and fall
• Obtained multimillion dollar settlement for “head on” accident with brain injuries
• Represented young girl against power company for attractive nuisance involving placement of power box
• Defended numerous head injury cases involving claims ranging from minor TBI to serious brain injuries
• Defended trucker in multi-vehicle accident caused by dust storm
• Defended numerous premises liability claims against businesses and private property owners
• Defended claims against commercial food/produce broker in E-coli case
• As court-appointed arbitrator for the State of Nevada Court Annexed Arbitration Program for four years, arbitrated dozens of personal injury cases

 

Insurance / Bad Faith:

Represents insurers and insureds in coverage disputes and bad faith claims. Representative matters include:

• Settled a PI case against and insurance company in excess of the liability policy limits
• Settled a first party flooding claim against an insurance company who wrongfully excluded/denied coverage
• Obtained summary judgment that led to seven-figure settlement in bad faith claim against large insurer
• Obtained multimillion dollar settlement from CGL insurer on behalf of general contractor wrongfully denied coverage
• Represented large food/produce broker in dispute with insurer for wrongful denial of coverage
• Defended insurance company against claims by furniture retailer for denial of coverage
• Initiated and prevailed in numerous declaratory judgment actions on behalf of insurance carriers

---

EDUCATION

• University of Utah, B.S. in Political Scciene, cum laude, 1988
• University of Utah, J.D. 1991
• Note and Comment editor, Journal of Energy, Natural Resources and Environmental Law

---

PROFESSIONAL ASSOCIATIONS & ADMISSIONS

• Admitted to practice in all Utah and Nevada state and federal courts
• Utah State Bar
• Nevada State Bar
• Court-Appointed Arbitrator, State of Nevada Court Annexed Arbitration Program 1995-1999

---

SELECTED REPORTED CASES

• Johnson v. Gold's Gym, 2009 UT App 76, 206 P.3d 302 (affirming summary judgment for landowner in premises liability claim)
• Meadow Valley v. Transcontinental Ins. Co., 2001 UT App 190, 27 P.3d 594 (affirming summary judgment for subcontractor client in dispute over coverage for flooding damage)
• Roth v. Scott, 921 P.2d 1262 (Nev. 1996) (obtained favorable ruling for client in dispute over terms of alleged arbitration agreement)