W. Scott Hastings

With over 25 years’ experience, Scott Hastings is a veteran Supreme Court advocate who has argued and won before the U.S., Texas, and Louisiana Supreme Courts. Scott has argued more than 45 appeals, and served as counsel in more than 200 appeals across the country. He also maintains an active trial practice, handling cases involving constitutional law, oil and gas, the False Claims Act, property rights, class actions and commercial disputes. Scott recently secured a $40 million judgment for a client in a patent and antitrust case relating to oil and gas completion equipment.

Scott’s constitutional law practice involves many constitutional provisions, including the Takings Clause, Commerce Clause, First Amendment, Due Process, Equal Protection, sovereign immunity and the Eleventh Amendment, the scope of Article I powers and many other provisions. Sample representations include:

• Represented closely held corporation on appeal challenging the taking of a private port, as well as the amount of compensation that was paid, ultimately obtaining an award of more than $20 million in additional compensation. St. Bernard Port, Harbor, & Terminal District v. Violet Dock Port, LLC, 239 So.3d 243 (La. 2018), and on remand, 255 So.3d 57 (La. 4 Cir. 2018)
• Represented mortgage servicing companies in the Texas Supreme Court in cases involving the interpretation of the Texas Constitution’s homestead protections. See, e.g., Freddie Mac v. Zapeda, 601 S.W.3d 763 (Tex. 2020); Garofolo v. Ocwen Loan Servicing, LLC, 497 S.W.3d 474 (Tex. 2016); Wells Fargo Bank, N.A. v. Murphy, 458 S.W.3d 912 (Tex. 2015); Sims v. Carrington Mortgage Services, LLC, 440 S.W.3d 10 (Tex. 2014)
• Defended a class action alleging due process violations relating toll violation fees. Reyes v. North Texas Tollway Authority, 861 F.3d 558 (5^th Cir. 2017)
• Defended tollway authority in a case exploring the limits of downstream liability for inverse condemnations under Tex. Const. art. I, §17. Sloan Creek II, LLC v. State of Texas, 472 S.W.3d 906 (Tex. App.—Dallas 2015, pet. denied)
• Defended appeals of multimillion-dollar state court condemnation verdicts, addressing valuation methodologies, the types of damages that are recoverable and the admissibility of expert testimony. See, e.g., Texas v. State Street Bank, 359 S.W.3d 375 (Tex. App.—Dallas 2012, no pet.)
• Represented trade associations at trial and on appeal in a Commerce Clause and First Amendment case in which we defended a Texas statute prohibiting the vertical integration of insurance companies into the autobody collision repair industry. Allstate Insurance Company v. Abbott, 495 F.3d 151 (5^th Cir. 2007)
• Represented automobile dealers as intervenors at trial to assist the State in defending the Texas Blue Law against a Commerce Clause, Equal Protection and Due Process challenge
• Represented the State Bar of Texas Commission for Lawyer Discipline in a First Amendment challenge to the application of the State’s lawyer advertising rules in the context of a putative class action. Neely v. Commission for Lawyer Discipline, 196 S.W.3d 174 (Tex. App.—Houston [1 Dist.], 2006, pet. denied)
• Represented plaintiff in case regarding the advertising and promotion of the movie “Behind Enemy Lines,” in a case raising significant First Amendment issues
• Assisted with the representation of then-Governor George W. Bush in expedited proceedings before the Fifth Circuit in a lawsuit challenging the Bush-Cheney Presidential ticket under the Twelfth Amendment to the U.S. Constitution
• Represented clients on many First Amendment issues, including the right to petition the government, public access to court records, media rights of access, rights of publicity, misappropriation of names or images, speech-related retaliation claims, defamation and business disparagement

• Secured a $40 million trial verdict in a patent, antitrust and tortious interference case relating to oilfield completion technologies
• Represented lessees in a title disputes over producing mineral interests. See, e.g., Orca Assets GP, LLC v. Burlington Resources Oil & Gas Co., LP, 464 S.W.3d 403 (Tex. App.—Corpus Christi 2015, pet. denied)
• Represented mineral interest owners seeking to enforce a $27 million sales contract in the Haynesville Shale. Coe v. Chesapeake, 695 F.3d 311 (5^th Cir. 2012)
• Defended False Claims Act litigation in which qui tam relators accused 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 (5^th Cir. Dec. 15, 2011); In re Natural Gas Royalties Qui Tam Litigation, 562 F.3d 1032 (10^th Cir. 2009)
• Obtained reversal of a judgment canceling a Louisiana oil and gas lease. Dore Energy Corporation v. Prospective Investment & Trading Co. Ltd., 570 F.3d 219 (5^th Cir. 2009)
• Defended validity of leases on a federally recognized Indian reservation. Comstock Oil & Gas, Inc. v. Alabama and Coushatta Indian Tribes of Texas, 261 F.3d 567 (5^th Cir. 2001)
• Defended operators in many cases, including class actions, involving oil and gas accounting, environmental, indemnity and lease interpretation issues

In his commercial and business litigation practice, Scott has handled cases in federal and state courts at all levels. Sample representations include:

• Represented petitioner in the U.S. Supreme Court in a case setting the standards for enforcement of contractual forum selection clauses. Atlantic Marine Constr. Co. v. U.S. Dist. Ct. for the W. Dist. of Texas, 134 S.Ct. 568 (2013)
• Represented amicus curiae in the Texas Supreme Court in a leading case defining the scope of the Texas Uniform Fraudulent Transfers Act. Janvey v. Golf Channel, Inc., 487 S.W.3d 560 (Tex. 2016)
• Defended former CEO and majority shareholder in contract dispute arising from his agreement to retire and relinquish control over the company. McCoy v. Alden Industries, Inc., 469 S.W.3d 716 (Tex. App.—Fort Worth 2015, no pet.)
• Defended clients in False Claims Act cases involving oil and gas production, the mortgage services industry, pharmaceuticals, defense contractors and accounting firms
• Represented clients in cases involving patents, trademarks and copyrights