Scott L. Winkelman, past member of the firm's Executive Committee and Management Board, now chairs the firm's Product Liability & Torts Group. Scott litigates class actions, multidistrict proceedings, and other complex litigation in products and commercial matters nationwide. His practice involves representations in a range of industry sectors, including automotive, computer, aviation, consumer products, food, chemical, rail, and information technology. Scott also founded and practices in the firm's Advertising & Product Risk Management Group, representing clients in proceedings before the National Highway Traffic Safety Administration, the Consumer Product Safety Commission, and related regulatory bodies. Scott performs crisis management for clients, and he counsels on liability prevention, records management, commercial contracting, and warranty. A certified "black belt" in Six Sigma methodology, Scott trains clients on process improvement and applies efficiency techniques to his engagements. Scott has been selected by his peers each year since 1997 for inclusion in The Best Lawyers In America as a "Best Lawyer" in the area of product liability litigation.
Scott received his undergraduate degree from the University of Michigan (1984), and his law degree from Harvard Law School (1987), before serving as judicial clerk to the Honorable John Pratt of the United States District Court for the District of Columbia.
Scott is married with two children and roots for all Detroit sports teams.
Representative Engagements
- Argued successfully for the defense group in Mississippi federal district court, then twice before the Fifth Circuit, in climate change tort litigation.
- Tried to verdict matters involving alleged breach of a partnership agreement and fraud in New York state court; antitrust and contract claims in Illinois federal court; antitrust claims and tort counterclaims in Texas federal court, and a real estate managing partner dispute in Virginia federal court.
- Represented clients in connection with three of the largest automotive recalls in U.S. history.
- Obtained summary judgment in neighborhood environmental tort litigation seeking a $440 million medical monitoring program, and denial of class certification of a medical monitoring action in Florida state court.
- Achieved denial of class certification following evidentiary and oral argument proceedings in tort and commercial actions for an array of clients in courts in Maryland, Michigan, New Jersey, Florida, and Ohio, and dismissal of additional putative class and mass actions on non-class grounds in courts in California, Illinois, West Virginia, Massachusetts, Virginia, Ohio, and Florida, among others.
- Obtained dismissal upon oral argument in Ohio state court of what was threatened to become the next wave of asbestos litigation, an outcome affirmed on appeal.
- Obtained termination of a hundred-plus-case occupational personal injury docket in West Virginia state court through a Daubert ruling following a several-day evidentiary hearing.
- Obtained dismissal of all claims against our client in Hurricane Katrina Levee litigation multidistricted in New Orleans federal court.
- Obtained voluntary dismissal with prejudice of claims in multidistrict litigation stemming from the crash of Egypt Air Flight 990, and represented clients in connection with the downing of SwissAir 111, Air France 447, and other aviation events.
- Successfully recovered funds stolen from an Olympic speedskater medalist through court action, then achieved disbarment of the offending party through state disciplinary proceedings.
- Resolved successfully an environmental community tort litigation in Florida state court seeking $500 million in relief;
- Resolved successfully a commercial dispute between an automotive part supplier and automotive manufacturer with claims valued in excess of $1 billion.
- Served as a testifying expert witness in insurance coverage commercial litigation involving the reasonableness of underlying tort action settlement efforts.
- Obtained successful closure of dozens of proceedings for multiple clients before the U.S. Consumer Product Safety Commission and the National Highway Traffic Safety Administration.
- Represented a world-leading manufacturer and supplier of aluminum wheels in NHTSA proceedings and personal injury tort litigation.
- Defended a leading global provider of engine turbines in multi-million dollar commercial litigation brought by a utility in Virginia state court.
- Served as coordinating counsel for a Fortune 100 client in serial fungicide tort litigation in courts nationwide, and as coordinating counsel for a leading transportation entity in occupational tort litigation in courts nationwide.
- Lectured on the Class Action Fairness Act; implications of the Consumer Product Safety Improvement Act of 2008. developments and trends in e-discovery; crisis management; the government contractor defense; early-win strategies in complex tort litigation; records management; application of Six Sigma methodology to the practice of law; climate change litigation; and an array of tort law trends, challenges and winning defense strategies.
Affiliations
Admitted to practice: District of Columbia, Illinois
Highlights, News & Knowledge
Speeches & Presentations
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"Cuba: An Update on the Liberalization of Trade Relations," Crowell & Moring Seminar, Washington, D.C.
(April 21, 2015).
Presenters: Cari N. Stinebower, Scott L. Winkelman, Daniel Cannistra, and Mariana Pendás Fernandez.
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"Managing the Cyber Threat Crisis: An Interactive Workshop on Cyber Threats and Cyber Security," Crowell & Moring, Washington, D.C.
(April 4, 2013).
Panelists: David Z. Bodenheimer, Bryan Brewer, Stephen M. Byers, Robin B. Campbell, Morris F. DeFeo Jr., Cheryl A. Falvey, Jeffrey L. Poston, Jeffrey L. Snyder, Michael J. Songer, and Scott L. Winkelman.
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Crowell & Moring Product Risk Management Seminar
(October 19, 2011).
Moderator: Scott Winkelman.
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"Baby Steps or Seismic Shifts? Recent Developments in Toxic Tort Law," ABA Tort Trial & Insurance Practice Section's Toxic Torts & Environmental Law Committee, Webinar
(June 9, 2011).
Moderator and Speaker: Beth Kramer, Speakers: Jennifer Schlosser, Gloria Martinez Trattles and Scott Winkelman.
Publications
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"Regulatory Forecast 2016: What Corporate Counsel Need to Know for the Coming Year," a Crowell & Moring LLP publication
(January 2016).
Contributor.
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"Roundtable: When Crisis Strikes," Crowell & Moring's Regulatory Forecast 2016
(January 2016).
Contributors: Scott L. Winkelman, Robert F. Cusumano, Amanda Deaver, Dave Freudenthal, Philip T. Inglima, Jennifer Loven, and Nancy Saracino.
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"Congress Brings Warranties Into the Internet Age," Law360
(October 2, 2015).
Authors: Scott L. Winkelman and Preetha Chakrabarti.
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"Paper Warranties a Thing of the Past?" Crowell & Moring's Retail & Consumer Products Law Observer
(September 15, 2015).
Authors: Scott L. Winkelman and Preetha Chakrabarti.
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"Regulatory Forecast 2015: What Corporate Counsel Need to Know for the Coming Year," a Crowell & Moring LLP publication
(January 2015).
Contributor.
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"No Harm, No Foul: Reckoning with the Injury Requirement,"Environmental Litigation and Toxic Torts Committee Newsletter, ABA Section of Environment, Energy, and Resources
(August 2014).
Co-Authors: Scott L. Winkleman and Tracy A. Roman.
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"Are You Up To Speed? NHTSA Reporting Requirements Are Changing," ABA Section of Litigation
(October 28, 2013).
Co-Authors: Scott L. Winkelman, Cheryl A. Falvey, Daniel T. Campbell, Rebecca Baden Chaney, and Michael L. Kuppersmith.
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"Recent Developments In Toxic Torts and Environmental Law," Tort Trial & Insurance Practice Law Journal
(Winter 2011).
Co-Authors: Beth M. Kramer, Scott L. Winkelman, Gloria Martinez Trattles, Jennifer E. Schlosser, April Nelson Ross, Joel D. Smith, Brandon G. Waggoner, and Brian J. Weber.
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"Recent Developments In Toxic Torts and Environmental Law," Tort Trial & Insurance Practice Law Journal
(Winter 2010).
Co-Authors: Beth M. Kramer, Gloria Martinez Trattles, Jessica A. Hall, Brandon G. Waggoner, Brian J. Weber, Alison L. Share, Adam Cullman, and Scott L. Winkelman.
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"Fear Factor: Supreme Court Permits Mental Anguish Damages for Asbestosis Plaintiffs Who Fear Cancer," Product Liability Law & Strategy
(September 2003).
Co-Authors: Scott L. Winkelman, Jerome Murphy and F. Ryan Keith.
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"District of Columbia Product Liability Law," Product Liability Desk Reference, Aspen
(2003).
Co-Authors: Scott L. Winkelman and John L. Murino.
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Industry Standards As a Source Of Liability For Trade Associations and Association Members,
(October 2002).
Co-Authors: Timothy M. Biddle, Edward M. Green, Richard J. Mannix, and Scott L. Winkelman.
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"Six Sigma: Positioning For Competitive Advantage," ACCA Docket
(January 2001).
Co-Authors: Scott L. Winkelman and Thomas A. Sager.
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"Electronic Signatures Act," National Law Journal
(July 2000).
Co-Author: Scott L. Winkelman and Dylana Blum.
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"Honoring State Court Class Action Settlements," Insights Magazine
(March 1996).
Co-Authors: Scott L. Winkelman and Luther Zeigler.
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"Resetting the Punitives Hurdle," Legal Times
(December 1995).
Author: Scott L. Winkelman.
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"Avoiding Federal Courts Through Removal Abuse," Product Safety & Liability Reporter
(August 1995).
Co-Authors: Scott L. Winkelman and Lori Bean.
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"Closing Open Court to 'Doe' Plaintiffs," Legal Times
(August 1995).
Author: Scott L. Winkelman.
Client Alerts & Newsletters
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"Transportation Agencies Move to Regulate Sleep Apnea,"
Regulatory Alert
(March 10, 2016).
Contacts: Scott L. Winkelman, Gloria Martinez Trattles, Linn K. Redway
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"Back to the Future: Manufacturers' Warranties May Go Digital with Updates to the Magnuson-Moss Warranty Act,"
Advertising & Product Risk Management Alert
(September 2015).
Contacts: Scott L. Winkelman, Preetha Chakrabarti
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"The Supreme Court Grapples with EPA's Mercury Rule,"
Environment, Energy & Resources Law Alert
(April 7, 2015).
Contacts: Scott L. Winkelman, Robert Meyers
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"CPSC Approves Publication of Proposed Voluntary Recall Rule,"
Advertising & Product Risk Management Alert
(November 21, 2013).
Contacts: Cheryl A. Falvey, Scott L. Winkelman
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"NHTSA Expands Early Warning Reporting and Recall Management Requirements,"
Advertising & Product Risk Management Alert
(August 21, 2013).
Contacts: Scott L. Winkelman, Cheryl A. Falvey, Daniel T. Campbell, Rebecca Baden Chaney
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"NHTSA Successfully Defends Its Roof Crush Resistance Strength Requirements,"
Advertising & Product Risk Management Alert
(March 29, 2013).
Contacts: Scott L. Winkelman, Daniel T. Campbell, Rebecca Baden Chaney
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"Supreme Court Rejects Attempt by Class Action Plaintiff to Plead Around Federal Court Jurisdiction,"
(March 22, 2013).
Contacts: Kathleen Taylor Sooy, Scott L. Winkelman, April Nelson Ross
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"NHTSA Maximum Civil Penalties on the Rise,"
Advertising & Product Risk Management Alert
(November 27, 2012).
Contacts: Scott L. Winkelman, Daniel T. Campbell, Rebecca Baden Chaney
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"NHTSA Proposes Increases in Maximum Civil Penalties,"
Advertising & Product Risk Management Alert
(September 10, 2012).
Contacts: Scott L. Winkelman, Rebecca Baden Chaney
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"Highlights from ICPHSO 2012,"
Advertising & Product Risk Management Alert
(March 6, 2012).
Contact: Scott L. Winkelman
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"NHTSA Proposes New Rules To Address Keyless Ignition Safety,"
Advertising & Product Risk Management Alert
(December 22, 2011).
Contacts: Daniel T. Campbell, Scott L. Winkelman
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"Compliance with Federal Motor Vehicle Safety Standards May Not Equal Preemption,"
Advertising & Product Risk Management Alert
(March 1, 2011).
Contacts: Scott L. Winkelman, Daniel T. Campbell, Rebecca Baden Chaney
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"California's Retroactive Phthalates Ban Now Effective,"
Advertising & Product Risk Management Alert
(January 6, 2009).
Contact: Scott L. Winkelman
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"CPSC General Counsel States that Phthalates Bans Do Not Apply Retroactively,"
Advertising & Product Risk Management Alert
(November 19, 2008).
Contact: Scott L. Winkelman
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"Highlights from the CPSC's September 4, 2008 Consumer Product Safety Reform Legislation Public Meeting,"
Advertising & Product Risk Management Alert
(September 10, 2008).
Contact: Scott L. Winkelman
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"Medical Device Lawsuit Watch - February 2008,"
Medical Device Lawsuit Watch
(February 14, 2008).
Contacts: Arthur N. Lerner, Robert L. Grabarek Jr., Scott L. Winkelman
In the News
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