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Scott Hastings, a former law clerk at the U.S. Court of Appeals for the Fifth Circuit, has broad appellate and trial experience representing clients in matters of constitutional law, statutory interpretation, and general commercial disputes. Named as a 2006 Texas Super Lawyers Rising Star in appellate litigation by Texas Monthly Magazine, Mr. Hastings’ appellate practice includes representation of clients in federal courts across the United States, including in the U.S. Supreme Court, and in the Second, Fifth, Ninth, Tenth, and Federal Circuit Courts of Appeals, as well as representing clients in the Texas courts of appeals. His trial practice covers a wide variety of cases, including challenging and defending the constitutionality of statutes, litigating First Amendment, copyright and false advertising claims in the entertainment industry, defending Whistleblower Act and Federal False Claims Act lawsuits, defending energy clients in federal and state court, and handling complex matters involving the interpretation and application of federal statutes. Education J.D., Vanderbilt University Law School, 1997 B.S., cum laude, Louisiana State University, 1994 Bar Admissions Louisiana, 1998 Texas, 1997 Admitted To Practice U.S. Supreme Court U.S. Court of Appeals for the Federal Circuit U.S. Court of Appeals for the Fifth Circuit U.S. Court of Appeals for the Tenth Circuit U.S. District Court for the Eastern District of Texas U.S. District Court for the Northern District of Texas U.S. District Court for the Southern District of Texas U.S. District Court for the Western District of Texas U.S. District Court for the Western District of Louisiana U.S. Court of Appeals for the Second Circuit U.S. Court of Appeals for the Ninth Circuit U.S. Court of Appeals for the Eleventh Circuit U.S. District Court for the Eastern District of Louisiana U.S. District Court for the Middle District of Louisiana Representative Experience Represented King Ranch Inc. as amicus curiae before the United States Supreme Court in Kelo v. City of New London, arguing for a narrow reading of the public use requirement of the Taking Clause of the Constitution. Represented Texas automobile dealers and collision repair shops in constitutional cases addressing the validity of Texas statutes applicable to the automobile industry. See, e.g., Ford Motor Company v. Texas Department of Transportation, 264 F.3d 493 (5th Cir. 2001) (representing automobile dealers as amicus curiae in Commerce Clause case). Relying upon the Commerce Clause, we successfully challenged a Texas tax placed upon the registration in Texas of used automobiles that were previously registered in other states. We also helped the State defend the constitutionality of Texas laws (a) prohibiting automobile manufacturers from being licensed to sell cars as dealers in Texas, (b) prohibiting insurance companies from acquiring new ownership interests in repair facilities, and (c) requiring dealerships to comply with the Texas blue law. Represented former United States Air Force pilot Scott O’Grady in litigation against Fox Film Corporation and Discovery Communications over the way that they promoted the movie Behind Enemy Lines, a movie inspired by O’Grady’s shoot down and rescue experience in Bosnia. This case raised significant First Amendment issues that were resolved in our client’s favor. Assisted Harriet Miers with the representation of then-Governor George W. Bush in expedited proceedings before the United States Court of Appeals for the Fifth Circuit in a lawsuit challenging the Bush-Cheney Presidential ticket under the Twelfth Amendment to the United States Constitution. Litigated issues of statutory construction, including the allocation of authority between the government and private individuals to enforce federal laws. See, e.g., Moore v. Radian Group, Inc., 233 F. Supp.2d 819 (E.D. Tex. 2002), aff’d, 69 Fed. Appx. 659 (5th Cir. 2003) (Article III standing case addressing the role of a private action under the Real Estate Settlement Procedures Act). Represent oil and gas clients in litigation in both federal and state courts, including litigation of contracts, royalty obligations, and even the unique circumstances and sovereign immunity issues presented by legal disputes arising out of drilling activities on the land of a federally-recognized Indian Tribe. See, e.g., Comstock Oil & Gas, Inc. v. Alabama and Coushatta Indian Tribes of Texas, 261 F.3d 567 (5th Cir. 2001). Represent defendants in lawsuits filed by private individuals (termed qui tam relators) under the Federal False Claims Act. These cases have raised significant issues regarding the standing of relators to pursue claims on behalf of the United States, as well as the due process issues that arise when a relator seeks to use the False Claims Act to pursue claims when the real-party-in-interest is an Indian tribe under federal supervision. Represent clients in appeals in federal and state court raising a wide variety of issues. See, e.g., ICEE Distributors v. J&J Snack Foods, 445 F.3d 841 (5th Cir. 2006) (trademark infringement and injunctive relief); Dallas County v. Gonzales, 183 S.W.3d 94 (Tex. App.Dallas 2005) (Section 1983 case alleging violation of Due Process and First Amendment rights); ICEE Distributors v. J&J Snack Foods, 325 F.3d 586 (5th Cir. 2003) (breach of contract, trademark dispute, and injunctions); Diamond Offshore Co. v. A&B Contractors, Inc., 302 F.3d 531 (5th Cir. 2002) (argued) (statutory interpretation); Breaux v. City of Garland, 205 F.3d 150 (5th Cir. 2000) (Texas Whistleblower Act and First Amendment retaliation). Publications & Presentations To Avoid Drowning in the Gaps of Workers’ Compensation Coverage on the Outer Continental Shelf, 35 Journal of Maritime Law & Commerce 35 (Jan. 2004). Co-authored (with Cindy Timms) an article on the judicial decisions of the United States Court of Appeals for the Fifth Circuit that was presented to the 11th Annual Conference on State and Federal Appeals (hosted by the University of Texas on May 10-11, 2001) Foreign Ownership Restrictions on Broadcasting: the Telecommunications Act of 1996 and Beyond 29 Vand. J. Transnat’l L. 817 (Oct. 1996) Press Release Fifteen Locke Liddell & Sapp Attorneys Named Rising Stars By Texas Monthly Magazine 4/2/2007 Locke Liddell & Sapp Elevates Eight Associates 1/10/2005 Professional History Partner in the law firm of Locke Liddell & Sapp Law Clerk to Judge John Minor Wisdom, United States Court of Appeals, Fifth Circuit 1997-98 Judicial Intern to Judge Thomas A. Wiseman, Jr., United States District Court for the Middle District of Tennessee, 1996-97 Professional Affiliations Named as a 2006 Texas Super Lawyers Rising Star in appellate litigation by Texas Monthly Magazine. |
