Types of Disputes that SBM Mediates

Scott has the depth and breadth of experience to effectively mediate your client’s dispute. Here are some of the types of cases that Scott has experience with.

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Probate, estate, trust, and fiduciary litigation

Will contests involving claims of undue influence, testamentary capacity, forgery, and testamentary agreements outside of wills; disputes over interpretation of wills; disputes over disposition of non-probate assets; claims of breaches of fiduciary duty by personal representatives, executors, and trustees concerning the administration of estates and trusts; disputes over the characterization of separate and community property, whether common law marriage existed, whether actions under powers of attorney were proper, validity of promissory note, and regarding the family allowance, interference with inheritance rights, and issues involving pretermitted children.

Business relationship disputes

Business (including partnerships, LLCs, and other forms) disputes and “business divorces,” including issues of breaches of fiduciary duties, fraud, civil theft, business valuation and value of ownership interest in business; disputes regarding purchase and sale of a business (asset and equity); disputes over enforceability and obligations under noncompetition and nonsolicitation clauses; claims relating to mismanagement and breaches of fiduciary duties, shareholder oppression, removal of director, and board of director conflicts of interest.

Contract disputes

Contract disputes of just about all kinds—oilfield services, real estate, software licensing, software engineering services, trademark licensing, real estate purchase and lease, heavy machinery, medical billing, sale of business, automobile purchase and lease, liquidated damages, and business investment just to name a few.

Intellectual property

Claims for trademark and trade dress infringement, including claims of invalidity and for cancellation of mark; patent infringement; breach of trademark licensing agreement.

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.

Governmental Entity Litigation

Litigation involving claims of governmental immunity; disputes involving state agency regulation, enforcement, and penalties involving the funeral care industry, regarding the Texas Comptroller sales tax policy and sales and franchise tax enforcement, involving the Public Utility Commission and obligations to telecommunications provider, and state securities matters.

Texas Deceptive Trade Practice Act (DTPA)

Scott has experience with a variety of disputes involving the Texas consumer protection statute.

Clergy misconduct

Claims of sexual misconduct by members of the clergy toward adults and minors.

CERCLA contribution

Claims of environmental contamination and the allocation of responsibility among potentially responsible parties.

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Real Estate

Disputes involving real estate transactions, including alleged failure to disclose defects and conditions in sale of real estate and claims against real estate agents; residential and commercial construction (new build and renovation) cases, including claims for alleged construction and design defects and failure to pay for construction services (including ASR swimming pool construction defect disputes); claims concerning alleged violations and enforceability of restrictive covenants and deed restrictions, including claims involving the Fair Housing Act (FHA); easement disputes; disputes involving claims to title and agreements to purchase and lease (residential and commercial), including issues surrounding rights of first refusal; claims against property manager; disputes regarding land use, permitting, and the subdivision of land; HOA/POA (homeowners’, property owners’, and condominium owners’ association) disputes, including alleged violations and enforceability and whether property is subject to POA rules; residential and commercial landlord-tenant forcible detainer and lease disputes, including claims involving buildout obligations, payment of rent, mold, and retention of security deposit; foreclosure; disputes over damage to adjacent land; and ad valorem taxation of land and mineral reserves.

Construction

Residential and commercial construction (new build and renovation) disputes, including claims for alleged construction and design defects and failure to pay for construction services (including ASR swimming pool construction defect disputes); claims involving large construction equipment ; disputes regarding remediation services, including over whether work was done properly and over payment for remediation services; disputes over termination of contractor, payment for construction services, and validity of liens; disputes over damage to adjacent land; high density polyethylene (HDPE) natural gas pipeline construction, including issues of alleged defective workmanship, electrofusion, butt fusion, testing, and billing for construction services.

Oil and gas and oilfield services

Disputes over payment for rented or leased oilfield services equipment; claims for improper performance of oilfield services and payment for oilfield services; claims regarding damage to circulating tanks during transit; disputes concerning ownership of minerals and royalty disputes; claims involving salt water storage tank construction and manufacture disputes.

Personal injury, premises liability, and product liability

Automobile and trucking accident personal injury including commercial and municipal trucking and vehicle accidents; premises liability, including slip and fall disputes; pharmaceutical, dental product, and automotive product liability; Title IX claims; “revenge porn” and distribution of explicit images disputes; claims regarding illicit recording/invasion of privacy; and funeral care personal injury.

Labor and employment

Disputes concerning covenants not to compete/noncompete/noncompetition and nonsolicitation clauses; misappropriation/theft of trade secrets and confidential information; disputes over executive compensation; wage and hour claims; disputes over entitlement to commission payments; ADA/FMLA claims.

School Law

Employment and personnel matters and application of the First Amendment to schools (e.g. distribution of religious literature).

ADA and sports

Application of the ADA to a golfer seeking the accommodation of a golf cart.

Water law

Water law and water rights, including changes of water rights, historical consumptive use analyses, and water delivery.

Reported Cases

These are reported cases that Scott worked on when he was litigating disputes.

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.