Scott L. Winkelman is a partner in the firm's Mass Tort, Product, and Consumer Litigation Group. Scott is co-founder of the Product Risk Management Practice, and head of the firm’s Transportation Practice. He has held roles on the firm’s Management Board and Executive Committee.
Scott represents clients in class actions, multidistrict proceedings, arbitrations, and other complex litigation in products and commercial matters nationwide.
Scott also represents clients in agency proceedings before the National Highway Traffic Safety Administration, the Consumer Product Safety Commission, and related product regulatory bodies.
Scott has recently been deep in multiple COVID-19-related litigations and counseling matters for several clients in C Suite matters. He also advises clients on matters of digital transformation; performs crisis management; and counsels on liability prevention, commercial contracting, warranty, and best practices in law functions and legal management.
Scott is a certified "black belt" in Six Sigma methodology, and brings project efficiencies to his client engagements.
Scott has been recognized by BTI Consulting Group as a 2020 Client Service All-Star. The honor, bestowed by corporate counsel, recognizes attorneys who “stand above all the others in delivering the absolute best in client service. Amid all the changes and unexpected events — they stand tallest.”
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, and has been ranked in Chambers USA and Super Lawyers.
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 U.S. 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 victory a commercial arbitration in the energy sector valued in excess of $400 million after an eight-day evidentiary hearing.
- Tried to victory before a three-judge panel a commercial arbitration in the transportation sector involving force majeure valued in excess of $1.2 billion after a nine-day evidentiary hearing.
- 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 Chrysler, UTC, Lockheed Martin, CSXT, and other 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.
- Prevailed in one of the first and groundbreaking “no injury” putative class actions.
- 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 multi-hundred-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.
- Achieved outright victory on preemption grounds for clients in courts nationwide.
- 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.
- 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.