Scott D. Wilson
ATTORNEY AT LAW
- All Aspects of Business & Commercial Law
- Employment Law, on Behalf of Employees and Employers
- Personal Injury -- Plaintiff
- Tenure and Other Disputes with Universities
- Motor Vehicle Accidents -- Plaintiff
- Appellate Advocacy
Scott D. Wilson grew up in the Baton Rouge area and earned his bachelor's degree in Political science from Louisiana State University, where he won the Chancellor's Freshman Honor Award and the Gertrude Bott Saucier Memorial Scholarship. He earned his law degree in 1989 from the University of California, Berkeley. Scott spent his second year of law school studying civil law courses at LSU’s Law Center, where he earned the American Jurisprudence Award for the highest grade in Civil Law Systems, was invited to participate on the Louisiana Law Review based on his writing ability, and invited to participate on the Moot Court Board based on his appellate advocacy skills. He returned to Berkeley, however, to finish his law school career. There, he won the Honors Award in the McBaine Moot Court Competition. While at Berkeley, Scott was a graduate instructor in creative writing and literature.
Following law school, Scott took a job at what was then the largest law firm in Louisiana, where he concentrated in general and commercial litigation. After three years, Scott left the large law firm and started his own firm, representing small businesses in contract and business matters and disputes, and individuals in employment matters, personal injury cases, insurance coverage disputes, and a variety of other matters. His practice grew as he received referrals from other lawyers, particularly employment cases in the federal court system, and he gained recognition as an effective appellate advocate. He developed a reputation as a smart, creative, and professional attorney. Scott has been involved as an attorney in more than 185 cases in federal district courts, 35 appeals to the United States Court of Appeals for the Fifth Circuit, two petitions for writs to the Supreme Court of the United States and numerous appeals to Louisiana state appellate courts and the Louisiana Supreme Court. In a landmark ruling, Scott obtained a reversal from the U.S. Fifth Circuit Court of Appeals of a summary judgment granted by the district court in the first Family and Medical Leave Act case heard by any federal appellate court. See Manuel v. Westlake Polymers Corp., 66 F.3d 758 (5th Cir. 1995). In another landmark decision, Scott obtained a reversal from the United States Fifth Circuit Court of Appeals, resulting in a definition of the relevant standards to be applied in analyzing Louisiana's anti-SLAPP statute, La. C.C.P. art. 971. Lozovyy v. Kurtz, (5th Cir. 2015), 813 F.3d 576.
Published Legal Works (excludes other published works):
"The 'Clearly Better Qualified' Standard for Discriminatory Denial of Promotion Appears Dead in the Fifth Circuit," https://thelawexpert.wordpress.com/blog/, September 17, 2018
“Notice of Right to Sue Is Not Jurisdictional,” https://thelawexpert.wordpress.com/blog, December 29, 2017.
“Good Faith in Lender Liability Cases,” https://thelawexpert.wordpress.com/blog/, September 15, 2017.
“Individual Liability Under the Fair Labor Standards Act and the Family and Medical Leave Act,” https://thelawexpert.wordpress.com/blog , September 15, 2017.
“Burden of Proof in Fair Labor Standards Act Overtime Cases,” https://thelawexpert.wordpress.com/blog/, September 15, 2017.
“At Will” Employment and “Hostile Work Environment,” https://thelawexpert.wordpress.com/blog/, September 15, 2017.
“The Fifth Circuit May Overrule Pierre v. Connecticut General Life Ins. Co. and Give No Deference to Factual Determinations of Plan Administrators Unless Plan Contains Discretionary Clause,” https://thelawexpert.wordpress.com/blog/, September 11, 2017.
“What Is ‘Excusable Neglect’,” https://thelawexpert.wordpress.com/blog/, September 11, 2017.
"The View: Fact Finder on Site at Trial," Louisiana Advocates, 27:9, Sept. 2012, pp. 23-24, 2012.
"Maximize Recoverable General Damages Using Tort Claim for 'Bad Faith' Insurance Practices," Louisiana Advocates, 27:6 June 2012, pp. 18-21, 2012
"Tort Liability for Wrongful Discharge in Louisiana", Louisiana Bar Journal, 45:3 Oct. 1997 pp. 254-257, 1997
Co-Authored Materials in Connection with Seminars Presented:
Workplace Investigations in Louisiana, Lorman Education Services
Employee Handbooks in Louisiana: Drafting and Enforcing Sound Procedures and Policies, National Business Institute
Counseling the Small Business Client in Louisiana, National Business Institute
Fundamental Issues in Human Resources Law, National Business Institute
Employee Privacy Rights in the Louisiana Workplace, National Business Institute
Basic Wage and Hour Law in Louisiana, National Business Institute
Selecting and Terminating Employees in Louisiana, National Business Institute
Applying the Rules of Civil Procedure in Louisiana, National Business Institute
Human Resource Law: What You Need to Know Now, National Business Institute
- University of California, Berkeley, School of Law, Berkeley, California
- Juris Doctorate - 1989
- Honors: American Indian Fellowship
- Honors: McBaine Moot Court Competition-- Honors Award
- Honors: Chairman, American Indian Law Students Association
- Honors: Moot Court Board
- Honors: American Jurisprudence Award, Civil Law System
- Louisiana State University, Baton Rouge, Louisiana
- B.A., Bachelor of Arts - 1985
- Honors: Chancellor's Freshman Honor Award, Gertrude Bott Saucier Mem. Scholarship
- Major: Political Science
- Louisiana, 1989
- U.S. District Court Middle District of Louisiana, 1989
- U.S. District Court Eastern District of Louisiana, 1989
- U.S. District Court Western District of Louisiana, 1989
- U.S. Court of Appeals 5th Circuit
- Supreme Court of the United States of America, 1997
- Super Lawyers Top Rated Employment & Labor Attorney in Baton Rouge, LA - 2019 - 2021
Classes & Seminars
- Graduate Instructor, Seminars in Creative Writing and Literature
- Jones Walker, New Orleans and Baton Rouge, Associate, 1989 to 1992
- Louisiana State Bar Association, Member
- Louisiana Association for Justice, Member
- Baton Rouge Bar Association, Member
Current Employment Position
- Independent Lawyer
- Manuel v. Westlake Polymers Corp., (5th Cir. 1995), 66 F.3d 758
- In first Family and Medical Leave Act case heard by any federal appellate court, obtained reversal from U.S. Fifth Circuit Court of Appeals of district court’s summary dismissal of plaintiff’s FMLA claims.
- Parker v. State, Dept. of Ed., Spec. Sch. Dist., U.S. 5th Cir. No. 08-30984 (4/3/09)
- Obtained ruling from U.S. Fifth Circuit Court of Appeals reversing a district court’s holding in part and finding that, if a subordinate falsified an incident to create a pretext for terminating the plaintiff, a jury could reasonably infer that the plaintiff was fired for an improper purpose.
- Aderholt v. Metro Security, Inc., La.App. 5th Cir. No. 14-880 (3/25/15), 169 So.3d 635
- Obtained affirmance from Louisiana state appellate court of a trial court judgment that denied plaintiff’s claim for damages for termination from employment based on age discrimination.
- Lozovyy v. Kurtz, (5th Cir. 2015), 813 F.3d 576
- In a case arising under Louisiana’s “anti-SLAPP” law (law that prohibits “Strategic Lawsuits Against Public Participation”), obtained a reversal from the U.S. Fifth Circuit Court of Appeals, which held that the federal district court’s dismissal of Dr. Lozovyy’s defamation suit based on its assessment of the credibility of the parties’ affidavits and despite its acknowledgment that a triable fact issue existed was contrary to Louisiana law.
- Falconer v. Safeway Ins. Co., No. 2011-CA-1159 (La.App. 1 Cir. 1/19/12)
- Obtained reversal of trial court summary judgment dismissing the plaintiff’s claims against the employer of a driver of an automobile that veered off the road, striking Mr. Falconer and pinning him between two automobiles, resulting in the amputation of both of his legs and other damages.