Good Judgment. Wise Counsel. Aggressive Representation.

Scott D. Wilson

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Practice Areas

  • Employment & Labor Law
  • Litigation

Biography

I have handled more than 185 cases in federal district courts, 35 appeals to the United States Court of Appeals for the Fifth Circuit, three petitions for writs to the Supreme Court of the United States, and numerous trials and appeals in Louisiana district and appellate courts. In a landmark ruling, I 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, I obtained a reversal from the U.S. 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. Previously, I worked for a large international firm in New Orleans and Baton Rouge, Louisiana. Scott has published numerous articles and is a frequent speaker on employment law and other topics.
My law degree is from Berkeley Law at the University of California, Berkeley.

Education

  • University of California, Berkeley, School of Law, Berkeley, California
    • Juris Doctor
    • Honors: McBaine Moot Court Competition
  • Louisiana State University, Baton Rouge, Louisiana
    • B.A., Bachelor of Arts

Published Works

  • "The 'Clearly Better Qualified' Standard for Discriminatory Denial of Promotion Appears Dead in the Fifth Circuit,", 2018
  • “Notice of Right to Sue Is Not Jurisdictional,”, 2019
  • “Good Faith in Lender Liability Cases,” , https://thelawexpert.wordpress.com/blog/, 2017
  • “Individual Liability Under the Fair Labor Standards Act and the Family and Medical Leave Act,” , 2017
  • “Burden of Proof in Fair Labor Standards Act Overtime Cases,”, 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,”, 2017
  • “What Is ‘Excusable Neglect’,”, 2017
  • “The View: Fact Finder On Site At Trial,”“The View: Fact Finder On Site At Trial,”, Louisiana Advocates, 27:9, 2012
  • “Maximize Recoverable Damages Using Tort Claim for ‘Bad Faith’ Insurance Practices,”, Louisiana Advocates, 27:6, 2012
  • “Tort Liability for Wrongful Discharge in Louisiana,”, Louisiana Bar Journal, 45:3, 1997

Professional Associations

  • Louisiana State Bar Association, Member
  • Baton Rouge Bar Association
  • Louisiana Association of Justice, Member

Current Employment Position

  • Senior Counsel

Bar Admissions

  • Louisiana
  • U.S. District Court Eastern District of Louisiana
  • U.S. District Court Middle District of Louisiana
  • U.S. District Court Western District of Louisiana
  • U.S. Court of Appeals 5th Circuit
  • United States Supreme Court

Honors

  • Super Lawyers Top Rated Employment & Labor Attorney in Baton Rouge, LA

Representative Cases

  • Manuel v. Westlake Polymers Corp, 1995, 5th, 66 F.3d 758
  • Parker v. State, Dept. of Ed., Spec. Sch. Dist, 2009, 5th Circuit, No. 08-30984
  • Aderholt v. Metro Security, Inc., La.App, 2015, 5th Circuit, No. 14-880
  • Lozovyy v. Kurtz, 2015, 5th Circuit, 813 F.3d 576
  • Falconer v. Safeway Ins. Co, 2012, La.App. 1 Cir., No. 2011-CA-1159
  • Falconer v. Safeway Ins. Co, 2012, La.App. 1 Cir., No. 2011-CA-1159