Scott Hastings, a former law clerk at the U.S. Court of Appeals for the Fifth Circuit, has broad appellate and trial experience representing clients in matters of constitutional law, statutory interpretation, oil and gas law, and general commercial disputes. Named as a Texas Super Lawyers Rising Star in appellate litigation by Texas Monthly Magazine from 2006-2012, Mr. Hastings’ appellate practice includes representation of clients in federal courts across the United States, including in the U.S. Supreme Court, and in the Second, Third, Fifth, Ninth, Tenth, and Federal Circuit Courts of Appeals, as well as representing clients in the Texas courts of appeals. His trial practice covers a wide variety of cases, including challenging and defending the constitutionality of statutes, litigating First Amendment, copyright and false advertising claims in the entertainment industry, defending Whistleblower Act and Federal False Claims Act lawsuits, defending energy clients in federal and state court, defending class actions, and handling complex matters involving the interpretation and application of federal statutes.
Education
- J.D., Vanderbilt University Law School, 1997
- B.S., cum laude, Louisiana State University, 1994
Bar Admissions
- Louisiana, 1998
- Texas, 1997
- U.S. Supreme Court
Admitted To Practice
- U.S. Court of Appeals for the Federal Circuit
- U.S. Court of Appeals for the Second Circuit
- U.S. Court of Appeals for the Third Circuit
- U.S. Court of Appeals for the Fifth Circuit
- U.S. Court of Appeals for the Ninth Circuit
- U.S. Court of Appeals for the Tenth Circuit
- U.S. Court of Appeals for the Eleventh Circuit
- U.S. District Court for the Eastern District of Texas
- U.S. District Court for the Northern District of Texas
- U.S. District Court for the Southern District of Texas
- U.S. District Court for the Western District of Texas
- U.S. District Court for the Eastern District of Louisiana
- U.S. District Court for the Middle District of Louisiana
- U.S. District Court for the Western District of Louisiana
Representative Experience
As a constitutional lawyer, Scott has both challenged and defended Texas statutes against constitutional challenges. He has also handled numerous appeals raising constitutional issues, including:
- Represented associations of autobody collision repair shops as intervenors at trial and on appeal in a Commerce Clause case in which we defended a Texas statute prohibiting the vertical integration of insurance companies into the collision repair industry. See Allstate Insurance Company v. Abbott, 495 F.3d 151 (5th Cir. 2007).
- Represented automobile dealers as amicus curiae in Commerce Clause case in which we helped defend a Texas statute placing vertical integration restrictions on the distribution of automobiles. See Ford Motor Company v. Texas Department of Transportation, 264 F.3d 493 (5th Cir. 2001).
- Represented motor vehicle associations in constitutional challenge to Texas Senate Bill 5, which placed a tax on the registrations of used motor vehicles in Texas.
- Represented automobile dealers as intervenors at trial, assisting the State in the defense of the Texas Blue Law against an Equal Protection, Due Process, and Commerce Clause challenge.
- Represented former United States Air Force pilot Scott O’Grady in litigation against Fox Film Corporation and Discovery Communications over the way that they promoted the movie Behind Enemy Lines, a movie inspired by O’Grady’s shoot down and rescue experience in Bosnia. This case raised significant First Amendment issues that were resolved in our client’s favor.
- Assisted Harriet Miers with the representation of then-Governor George W. Bush in expedited proceedings before the United States Court of Appeals for the Fifth Circuit in a lawsuit challenging the Bush-Cheney Presidential ticket under the Twelfth Amendment to the United States Constitution.
- Represented the State Bar of Texas Commission for Lawyer Discipline in defense of a First Amendment challenge to the application of the State’s lawyer advertising rules in Neely v. Commission for Lawyer Discipline, 196 S.W.3d 174 (Tex. App.—Houston [1 Dist.], April 04, 2006, pet. denied)
- Represent governmental entities in First Amendment retaliation litigation. See, e.g., Dallas County v. Gonzales, 183 S.W.3d 94 (Tex. App.—Dallas 2005) (Section 1983 case alleging violation of Due Process and First Amendment rights); Breaux v. City of Garland, 205 F.3d 150 (5th Cir. 2000) (Texas Whistleblower Act and First Amendment retaliation).
In his energy practice, Scott has represented oil and gas companies in trial and appellate courts in cases raising a wide variety of issues, including:
- Represented a family-owned oil and gas company in litigation to enforce a contract to sell mineral interests in the Haynesville Shale. We secured a multi-million judgment at trial, and defended that judgment on appeal. See Coe v. Chesapeake, 695 F.3d 311 (5th Cir. 2012)
- Obtained the reversal of a district court judgment canceling most of a Louisiana oil and gas lease, see Dore Energy Corporation v. Prospective Investment & Trading Co. Ltd., 570 F.3d 219 (5th Cir. 2009)
- Defended several operators in class action litigation challenging the manner in which they handled refunds of Texas severance tax payments
- Represented several defendants in False Claims Act litigation in which qui tam relators were accusing the defendants of engaging in schemes to underpay royalties owed to the federal government and to Indian tribes. See, e.g., U.S. Ex. rel. Wright v. Comstock Resources, Inc., 456 Fed.Appx. 347, 2011 WL 6259893 (5th Cir. Dec. 15, 2011) In re Natural Gas Royalties Qui Tam Litigation, 562 F.3d 1032 (10th Cir. 2009)
- Represented an oil and gas producer in federal court, including on appeal, in a case challenging the validity of leases on a federal-recognized Indian reservation. The case raised substantial issues of Indian rights and sovereign immunity. See, e.g., Comstock Oil & Gas, Inc. v. Alabama and Coushatta Indian Tribes of Texas, 261 F.3d 567 (5th Cir. 2001)
- Defended environmental indemnity claims arising out of Louisiana legacy litigation following decades of operations in a south Louisiana marsh
- Litigated the proper interpretation of the Outer-Continental Shelf Lands Act and the Longshore Harbor Workers’ Compensation Act in Diamond Offshore Co. v. A&B Contractors, Inc., 302 F.3d 531 (5th Cir. 2002)
- Defended leasing disputes, royalty disputes, and accounting disputes
Scott has also handled a wide range of business and commercial disputes in federal and state court, including:
- Defended mortgage companies in putative class actions relating to Texas home loans. See, e.g., Pennington v. HSBC Bank USA, 2012 WL 451333 (5th Cir. Oct. 3 2012); Wilborn v. Wells Fargo Bank, N.A., 609 F.3d 748 (5th Cir. 2010)
- Defended appeal of a multi-million state court condemnation verdict in an appeal challenging the proper standards for the admission of expert testimony. See State of Texas v. State Street Bank & Trust Company, 359 S.W.3d 375 (Tex. App.—Dallas 2012, no pet.)
- Represented clients in cases filed under the Lanham Act and the Copyright Act, see, e.g., ICEE Distributors v. J&J Snack Foods, 445 F.3d 841 (5th Cir. 2006); ICEE Distributors v. J&J Snack Foods, 325 F.3d 586 (5th Cir. 2003)
- Litigated issues of statutory construction, including the allocation of authority between the government and private individuals to enforce federal laws. See, e.g., Moore v. Radian Group, Inc., 233 F. Supp.2d 819 (E.D. Tex. 2002), aff’d, 69 Fed. Appx. 659 (5th Cir. 2003) (Article III standing case addressing the role of a private action under the Real Estate Settlement Procedures Act).
Publications & Presentations
- When is a Deal a Deal, the Story of Coe v. Chesapeake, (co-presented with Clint Schumacher) to the Tarrant County Bar Association Energy Section (October 2012) and the Dallas Bar Association Energy Section (November 2012)
- To Avoid Drowning in the Gaps of Workers’ Compensation Coverage on the Outer Continental Shelf, 35 Journal of Maritime Law & Commerce 35 (Jan. 2004).
- Foreign Ownership Restrictions on Broadcasting: the Telecommunications Act of 1996 and Beyond 29 Vand. J. Transnat’l L. 817 (Oct. 1996)
Professional History
- Partner, Locke Lord LLP
- Law Clerk to Judge John Minor Wisdom, United States Court of Appeals, Fifth Circuit (1997 - 1998)
Professional Affiliations & Achievements
- Named, Texas Rising Star, Texas Monthly (2006-2012)
- Fellow, Texas Bar Foundation
- Fellow, Dallas Bar Foundation
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