Types of Disputes that SBM Mediates
Scott’s breadth of experience (examples listed below) allows him to be effective mediating nearly every type of civil and commercial dispute. Please call Scott if you have any questions about his experience with the nature of your dispute.
Probate, estate, trust, and fiduciary litigation
Will contests involving claims of undue influence, testamentary capacity, forgery, and testamentary agreements outside of wills; disputes over disposition of nonprobate assets; claims of breach of fiduciary duty by personal representatives, executors, and trustees concerning the administration of estates and trusts; interference with inheritance rights; and issues involving pretermitted children.
Contract disputes of just about all kinds—oilfield services, real estate, trademark licensing, and business investment just to name a few.
Business relationship disputes
Business and partnership disputes and “divorces,” claims of mismanagement and breaches of fiduciary duties, shareholder oppression, and board of director conflicts of interest.
Patent, trademark, and trade dress infringement disputes; breach of trademark licensing agreement.
Oil and gas, and oilfield services
Disputes over ownership of minerals, royalty disputes, improper performance of oilfield services, and breach of contract for payment for services.
Water law and water rights, including changes of water rights, historical consumptive use analyses, and water delivery.
State agency regulation, enforcement, and penalties involving the funeral care industry and regarding the Texas Comptroller sales tax policy and sales and franchise tax enforcement; state securities matters.
Claims of environmental contamination and the allocation of responsibility among potentially responsible parties.
ADA and sports
Application of the ADA to a golfer seeking the accommodation of a golf cart.
Insurance coverage and subrogation
Insurance coverage and insurance recovery litigation, on behalf of both carriers and policyholders, with an emphasis on first party commercial property insurance disputes. Issues have included coverage for food contamination, hurricane property damage, insurable interest, and employee theft. Subrogation recovery for large property losses including fires at a historically significant church, a heat recovery steam generator (HRSG), and a nitrogen processing plant; a boiler explosion and substantial HVAC malfunction at a ski resort; and damage to a fire suppression system.
Personal injury, premises liability, and product liability
Pharmaceutical, dental product, and automotive product liability; automobile accident personal injury; funeral care personal injury; and premises liability.
Labor and employment
Covenants not to compete, misappropriation of trade secrets, executive compensation, wage and hour and claims for payment of commission.
Residential real estate disputes including claims to title, agreements to purchase and lease, and duties to disclose alleged defects; homeowners’ association (HOA) disputes; purchase of commercial real estate; condominium purchase agreements; landlord/tenant forcible detainer and lease disputes; foreclosure; disputes over easements; and ad valorem taxation of land and mineral reserves.
Construction defect disputes; claims for payment for construction services; high density polyethylene (HDPE) natural gas pipeline construction, including issues of alleged defective workmanship, electrofusion, butt fusion, testing, and billing for construction services.
Texas Deceptive Trade Practice Act (DTPA)
Scott has experience with a variety of disputes involving the Texas consumer protection statute.
Employment and personnel matters and application of the First Amendment to schools (e.g. distribution of religious literature).
Claims of sexual misconduct by members of the clergy toward adults and minors.
- Hislop v. Paltar Petroleum, Ltd., 2018 WL 5014123 (D. Colo. Oct. 16, 2018). Trial court counsel.
- Tetra Tech Constr., Inc. v. Summit Natural Gas of Maine, Inc., 2016 WL 3881056 (D. Me. July 13, 2016), aff’d, 2016 WL 4133503 (D. Me. Aug. 3, 2016). Trial court counsel.
- Asarco LLC v. Noranda Mining, Inc., 2016 WL 1317493 (D. Utah Mar. 31, 2016), rev’d and remanded, 844 F.3d 1201 (10th Cir. 2017). Trial court counsel.
- TIG Global, LLC v. PC Specialists, Inc., 2011 WL 524409 (D. Colo. Nov. 3, 2011). Trial court counsel.
- Leprino Foods Co. v. Factory Mut. Ins. Co., 2009 WL 890137 (D. Colo. Mar. 27, 2009), judgment aff’d, 653 F.3d 1121 (10th Cir. 2011). Trial Court Counsel.
- W. Silver Recycling, Inc. v. Liberty Mut. Ins. Co., 2010 WL 11570286 (W.D.Tex. Dec. 15, 2010). Trial court counsel.
- Pool v. Diana, No. 03-08-00363-CV, 2010 WL 1170234 (Tex. App.—Austin Mar. 24, 2010, pet. denied) (mem. op.) (Patterson, J., concurring and dissenting on additional sanctions imposed by appellate court). Trial court counsel.
- CWCapital Asset Mgmt. LLC v. Wausau Bus. Ins. Co., No. 04-08-00457-CV, 2009 WL 1900413 (Tex. App.—San Antonio July 1, 2009, no pet.) (mem. op.). Appellate court counsel.
- Combs v. Entm’t Publ’ns, Inc., 292 S.W.3d 712 (Tex. App.—Austin 2009, no pet. h.). Trial court counsel.
- In re Cerberus Capital Mgmt., L.P., 161 S.W.3d 531 (Tex. App.—Austin 2004, orig. proceeding), mandamus conditionally granted, 164 S.W.3d 379 (Tex. 2005). Represented parties not the subject of appellate court opinions.
- Botter v. Am. Dental Ass’n, 124 S.W.3d 856 (Tex. App.—Austin 2003, no pet.). Trial and appellate court counsel.
- FM Prop. Operating Co. v. City of Austin, 22 S.W.3d 868 (Tex. 2000). Trial and appellate court counsel.
- Jones v. United States Golf Ass’n, Civ. No. A-00-CA-278 JN, slip op. (W.D. Tex. Aug. 30, 2000). Trial court counsel.