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 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

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

Business relationship disputes

Business and partnership disputes and “business divorces;” disputes regarding purchase and sale of a business (asset and equity) and parties’ obligations including noncompetition and nonsolicitation; claims of mismanagement and breaches of fiduciary duties; shareholder oppression; and board of director conflicts of interest.

Intellectual property

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, breach of contract for payment for services, and salt water storage tank construction and manufacture disputes.

Water law

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

Administrative law

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.

CERCLA contribution

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.

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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

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; and funeral care personal injury.

Labor and employment

Covenants not to compete/noncompete/noncompetition and nonsolicitation clause disputes, misappropriation or theft of trade secrets, executive compensation, wage and hour, and claims for payment of commission.

Real Estate

Disputes involving claims to title, agreements to purchase and lease (residential and commercial), and duties to disclose alleged defects; residential and commercial construction defect disputes; HOA (homeowners’ and condominium owners’ association) disputes; landlord/tenant forcible detainer and lease disputes; foreclosure; disputes over easements; and ad valorem taxation of land and mineral reserves.

Construction

Residential and commercial 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.

School Law

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

Clergy misconduct

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

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.