Scott is originally from Buffalo, New York, and moved to Minnesota in 1992 to clerk on the Minnesota Court of Appeals for the Hon. Thomas J. Kalitowski. He joined Flynn, Gaskins & Bennett upon finishing his clerkship in 1993. Scott concentrates his practice on product liability defense, construction law, land-use, condemnation, insurance law and commercial litigation. He’s successfully tried cases in Minnesota, Texas and Massachusetts; and handled matters as lead counsel in fifteen other states, always with excellent results to his clients, whether by way of judgment, dismissal or reasonable contribution toward settlement.

Beyond his practice, Scott is active in the profession and the community. For the past nine years he has held elected and appointed leadership positions in both the Hennepin County and Minnesota State Bar Associations. He has lectured at and chaired Continuing Legal Education Seminars since 1997 and has taught at Hamline University School of Law’s “J-Term” since 2000.

Product liability cases, defending manufacturers in claims for both personal injury and property damage arising from fires and explosions, industrial accidents, and construction defects. Representative cases include:

Bergmann v. Graco Inc., et al. (U.S. Dist. Ct., Arizona, Case No. 04-425 TUC CKJ, 2005) (Plaintiff voluntarily dismissed with prejudice a personal injury, product liability claim arising from injection injury with high-pressure airless paint sprayer)

Gilson v. Graco Inc., et al. (U.S. Dist. Ct., New Hampshire, Case No. 1:03-cv-478, 2005) (Plaintiff voluntarily dismissed with prejudice personal injury, product liability claim arising from injection with high-pressure airless paint sprayer, following deposition of plaintiff’s expert and letter advising of plan for summary judgment seeking costs)

Mesa v. J.D. Group, et al. v. Graco Inc., et al. (California Superior Court, Los Angeles County, Case No. SC 068 888, 2003) (Personal injury, severe burn case, arising from explosion of paint fumes on job site. Summary Judgment for Graco, including award of all costs for travel to depositions from out of state, pursuant to C.C.P. §§ 1032, 1033.5(a)(3), and Thon v. Thompson, 29 Cal. App. 4^th 1546, 35 Cal. Rptr. 2d 346 (1994))

Venello v. Graco Inc., et al. (New Jersey Superior Court, Morris County, Case No. MRS-L-1702-95, 1997) (Plaintiff voluntarily dismissed with prejudice personal injury, product liability claim arising from injection injury with high-pressure airless paint sprayer, during pre-trial conference immediately before first day of scheduled jury trial)

Waynes, Inc. v. Emerson Electric, et al. (Minn. Dist. Ct., Redwood County, 1999) (voluntary dismissal with prejudice of product liability claim against electric garage door motor manufacturer arising from fire that destroyed service station and convenience store)

Jones v. Honeywell Inc., et al (Pennsylvania Court of Common Pleas, Allegheny County, 1997) (summary judgment in favor of gas valve manufacturer in wrongful death case arising from explosion and complete destruction of residence)

Stibbs v. Mapco, Inc., et al. (945 F.Supp. 1226 (S.D. Iowa 1996) (summary judgment in favor of gas valve manufacturer based on exclusion of expert testimony under Daubert standard)

Construction defect cases, both residential and commercial, on behalf of builders, subcontractors, and component manufacturers; residential claims typically involving water-intrusion and mold. Representative cases include:

Pamida, Inc. v. Christenson Building Corp. v. R&Q Trucking, et al., (285 F.3d 701, 8^th Cir. 2002) (affirming summary judgment in favor of defendant and third-party defendants based on statute of limitations under Minn. Stat. 541.051 on construction defect claim)

McWilliams, Inc. d/b/a Top Value Homes v. Tappe Construction, et al., 694 N.W.2d 558 (Minn. Ct. App. 2005) rev. granted (Minn. June 28, 2005) (successful challenge to claim that statute of repose bars action for contribution and indemnity, even though plaintiffs’ claim would not be barred by same statute of repose – currently on appeal to the Minnesota Supreme Court)

Berke, et al. v. Lewis Homes v. Honeywell Inc., et al. (California Superior Court, Orange County, Case No. 03CC00575, 2005) (on behalf of Honeywell, successfully resolved a portion of a multi-party, multi-million dollar construction defect, water intrusion, mold case arising from alleged construction defects in an entire housing development)

General litigation practice has included cases involving franchise disputes, insurance coverage, premises liability, eminent domain, commercial disputes and general negligence. Representative case include:

Shoreview Associates v. Wells Operating Partnership, et al. (2003 WL 22076610, D. Minn.) (successful opposition to motion to remand on matter removed to federal court using diversity based disregarding citizenship of nominal escrow agent defendant)

Neilson v. State Farm Fire & Casualty Co. (2003 WL 23960050, Minn. Dist. Ct.) (jury verdict in favor of defendant supporting denial of coverage for alleged hail damage to roof, proving marks attributable to manufacturing defects and blemishes in shingles)

Sather v. State Farm Fire & Casualty Co. (2002 WL 37811, Minn. Ct. App.) (affirm summary judgment determination of no insurance coverage for mold claim)

Illinois Farmers Ins. Co. v. London Brick (Minn. Dist. Ct., Ramsey County, 1996) (jury verdict in favor of defendant on claim of negligent construction of a fireplace alleged as cause of fire and complete destruction of residence)

SEMINARS/SPEECHES

Minnesota Institute of Legal Education: Civil Pre-Trial Practice Institute

• 1997 – Faculty, “Jurisdiction, Venue & Removal”
• 1999 – Course Co-Chair and Faculty, “Pre-Trial Investigation: Procedures and Considerations for Product Inspections In Pre-Suit, Claims Stage or In Discovery Phase”
• 2001 – Course Co-Chair and Faculty, “Personal Jurisdiction, Venue & Removal”

Minnesota Institute of Legal Education: Civil Trial Practice Institute

• 1998 – Faculty, “Seeing is Believing: The Use of Demonstrative Evidence at Trial”
• 2000 – Course Co-Chair and Faculty, “The New Civil JIGs” An Overview and Highlights”
• 2002 – Course Co-Chair and Faculty, “Writing for Trial”

Minnesota Institute of Legal Education: The Scoop (Seminar for New Lawyers)

• 1997 – Course Co-Chair and Moderator
• 1998 – Course Co-Chair and Moderator

Hamline University School of Law, Dispute Resolution Institute, J-Term

• 1998-2002, 2004, 2006 – Instructor, Deposition Practice (two-day, full credit law school course on practical aspects of deposition practice)
• 2003 – Instructor, Settlement Advocacy (two-day, full credit law school course on representation of clients and participation in alternative dispute resolution – mediation, arbitration, administrative hearings)

Minnesota Continuing Legal Education

• 2002 – Your First Trial, Course Moderator
• 2005 – Residential Construction Defects, Faculty, Legal Developments Affecting Residential Construction Defect Claims, 2005-2005.

Hennepin County Bar Association, “Nuts & Bolts” Seminar for New Lawyers

• 2001 – Panel Member, “Tips for Becoming a Partner”
• 2005 – Faculty, “Your First Deposition”

Flynn, Gaskins & Bennett, L.L.P.

• 1999 – Insurance Claims and Litigation Seminar, Faculty, “Premises Liability: ‘He didn’t seem drunk to me!’ ‘We just shoveled that walk!’ ‘She’s never bitten anyone before!’ – An overview of key issues in successfully defending property owners.”
• 2004 – Product Liability Seminar, Faculty, “Minnesota’s New Joint & Several Liability Statute, Not What You Had Hoped For.”

Five times voted “Super Lawyer” by Minnesota Law & Politics (2000, 2001, 2002, 2005, 2006)

Twice voted “Rising Star” by Minnesota Law & Politics (1998, 1999)

Twice nominated for Minneapolis/St. Paul Business Journal’s “Forty Under 40” (2001, 2004)

Minnesota State Bar Association

• New Lawyers Section – 1997-1999
• Governance and Finance Committee – 1997-2005
• Civil Litigation Section – 2000-Present
• Construction Law Section – 2002-Present

Hennepin County Bar Association

• New Lawyers Section – 1996-1998)
  - Section Vice-Chair – 1997-1998
  - Monthly Seminar Committee Chair – 1996-1997
  
• Continuing Legal Education Committee Chair – 2003-2004

Minnesota, 1992
U.S. District Court, District of Minnesota, 1994
U.S. Court of Appeals, Eighth Circuit, 2001

Scott has been President of the School Board for the Annunciation School in South Minneapolis and a member of the Parish Council and Finance Committee for Annunciation Church. He is a volunteer coach in the Washburn Amateur Hockey Association and the Richfield Baseball League. Scott is also active in the Dartmouth Club of the Midwest and an Alumni Interviewer for Dartmouth College. Outside of work, Scott cherishes time spent with his family and enjoys reading, running, golfing, hockey and virtually all athletic activities.