Dynegy employees lost much of their retirement when Dynegy failed. The class action was to recover damages for Dynegy's fraudulent activity that caused the stock to drop. Settlement of $9.975 million.... $7.48 million was paid to the class; attorneys fees and cost were $2.495 million.
Class action
Liberty Mutual Ins. Co. v. Texas Dep’t of Ins.
Aug 01, 2006
OUTCOME: Settlements for $66.5 million.
Scott represented Amber, Inc., Champagne-Webber, Inc., Churchill Truck Lines, Inc., Royal Seating Corp., Wall Street Deli, Inc., and many other Texas businesses in their efforts to enforce a Texas Depa...rtment of Insurance order requiring all Texas workers’ compensation insurers writing retrospectively rated policies to issue rebates to policyholders.
The Texas Department of Insurance issued an order requiring all insurers writing retrospectively rated workers compensation insurance to rebate premiums to Texas businesses. All Texas insurers affected by the order filed suit contesting the order under both the Texas and Federal Constitutions. Following the district court’s denial of an injunction, Scott’s clients settled with most insurers for approximately $53 million. Liberty Mutual Insurance Company did not settle. After certification of a litigation class against Liberty Mutual and the trial court’s summary judgment favoring the class, Liberty appealed. Scott then successfully represented the class in the Texas Court of Appeals and then the Texas Supreme Court. The appeal concluded on March 1, 2007, when Liberty Mutual chose not to appeal to the Supreme Court of the United States. As a result, the class became entitled to an additional $13.5 million from Liberty. Scott settled this case as a class action and the clients recovered over $57.855 million. The expenses were paid out of the fees paid to the attorneys. In this case, the attorneys' fees and expenses were $8.645 million.
Class action
In re Corporate or Business Owned Life Insurance
Jul 07, 2006
OUTCOME: Settlements of $19.3 million.
Scott has represented estates in individual cases and in class actions against employers to recover the proceeds from business-owned life insurance. Many large corporations secretly purchased this type... of insurance on the lives of their employees and were paid benefits upon employee deaths.
Scott pursued these insurance benefits for the estates because the employers had no insurable interest in the lives of their employees. His cases against Wal-Mart have resulted in two class settlements.
In Texas he recovered over $10.3 million and in Oklahoma he recovered over $5 million – an amount equal to 100% of the insurance benefits that Wal-Mart received. In a case against Fina Oil and Chemical Co., Scott have recovered $4 million for the estates of Texas employees. Overall, Scott's clients hare received over $12.86 million net of fees and expenses. The expenses were paid out of the fees paid to the attorneys. In these cases, the attorneys' fees and expenes were $6.44 million.
DeLeon v. Lloyd’s London, Certain Underwriters, 259 F.3d 344 (5th Cir. 2001); Lewis v. Wal-Mart Stores, Inc., 232 F.R.D. 687 (N.D. Okla. 2005); Tillman v. Camelot Music, Inc., 408 F.3d 1300 (10th Cir. 2005); Mayo v. Hartford Life Ins. Co., 220 F. Supp. 2d 794 (S.D. Tex. 2002); Mayo v. Hartford Life Ins. Co., 220 F. Supp. 2d 714 (S.D. Tex. 2002), aff'd, 354 F.3d 400 (5th Cir. 2004); Tamez v. Certain Underwriters at Lloyd’s, London, 999 S.W.2d 12 (Tex. App.—Houston [14th Dist.] 1998, pet. denied); Stillwagoner v. Travelers Insurance Co., 979 S.W.2d 354 (Tex. App.—Tyler 1998, no pet.); Neal Payne v. Fina Oil and Chem. Co., No. E 170245, in the 172nd District Court, Jefferson County, Texas.
These cases have been publicized by the WALL STREET JOURNAL, U.S. NEWS AND WORLD REPORT and the HOUSTON CHRONICLE.
Class action
In re Weatherford Roofing Antiturst Litigation
Oct 10, 1997
OUTCOME: Settled, $208 million.
Scott was lead class counsel in litigation charging that all Texas workers’ compensation carriers conspired to overcharge Texas employers for retrospectively rated workers’ compensation insurance p...olicies.
Scott and his co-counsel obtained settlements totaling over $208 million for Texas businesses. They settled the case as a class action and the class recieved over $138 million. The expenses were paid out of the fees paid to the attorneys. In this case, the attorneys' fees and expenses were $69.33 million.
Litigation
Christus Health Gulf Coast, et al. v. Aetna, Inc.
N/A
OUTCOME: Pending in trial court.
We currently represent Christus Health Gulf Coast, Christus Health Southeast Texas, Gulf Coast Division, Inc., Memorial Hermann Hospital System and Baptist Hospitals of Southeast Texas against Aetna, I...nc., and Aetna Health, Inc. seeking a reimbursement for medical services totaling more than $13 million under the Texas "Prompt Payment Statute."
At the onset, this case involved an important issue jurisdiction and the proper application of the federal Medicare Act. The trial court dismissed the case for lack of jurisdiction and the court of appeals affirmed the trial court. The Texas Supreme Court unanimously reversed the trial court and the court of appeals and remanded the case for further proceedings. The United States Department of Health and Human Services and the Texas Hospital Association appeared as friends of the court to support our clients’ arguments.
The case is now before the trial court.
Litigation
In re: OCA, Inc.
N/A
OUTCOME: Settlements (confidential).
We represented OCA, Inc., and its subsidiary, Orthalliance, Inc., an orthodontic practice management company, as national counsel in litigation brought by more than 65 orthodontists in 35 cases.
OC...A, Inc. employed Scott under a contingent fee agreement to replace large, national law firms in hopes that he could resolve the litigation more efficiently. After a trial and several appeals, Scott and his firm were able to obtain a confidential settlement for OCA.
Parsons v. Orthalliance, Inc., 130 Fed.Appx. 353, 2005 WL 1027327 (11th Cir. 2005); Clower v. Orthalliance, Inc., 337 F. Supp. 2d 1322 (N.D. Ga. 2004); Penny v. OrthAlliance, Inc., Cause No. 3:01CV1569-N, 2004 WL 877373 (N.D. Tex. 2004); Perkins v. OrthAlliance, Inc., Cause No. 3-03-CV-1732-N, 2004 WL 839656 (N.D. Tex. 2004).
Litigation
Gaines v. Woodworth
N/A
OUTCOME: An $8.6 million jury verdict.
Ms. Gaines was returning from visiting Hill College where she had received a soccer scholarship when her car was struck by the tractor-trailer that ran a red light while carrying oil field equipment on... Loop 256 in Palestine. Evidence showed that the trailer's brakes were intentionally disabled, and that Mr. Woodworth's driver's license had been suspended for more than five years at the time of the crash. Investigators also reported dozens of vehicle safety violations.