Scott Hastings

Locke Lord LLP

W. Scott Hastings is a veteran Supreme Court advocate who has argued and won cases before the United States and Texas Supreme Courts. Scott has handled more than 100 appeals across the country.

He also maintains an active trial practice, handling cases involving constitutional law, oil and gas, the federal False Claims Act, property rights, class actions, and commercial disputes. Scott is a member of the American Law Institute. He began his legal career as a law clerk to Judge John Minor Wisdom of the U.S. Court of Appeals for the Fifth Circuit.

Representative Experience:

In his constitutional law practice, Scott has handled cases involving the First Amendment, Commerce Clause, Takings Clause, Equal Protection Clause, Due Process Clause, and others. He has also litigated issues involving the Texas and Louisiana Constitutions. Representative experience includes:

  • Representing a closely-held corporation before the Louisiana Supreme Court in a constitutional challenge to the taking of its property along the Mississippi River by a local governmental entity looking to set up a competing business venture on the property
  • Represented amici in the U.S. Supreme Court in takings litigation following the Federal Highway Finance Agency’s orders that compelled termination of the plaintiff’s contractual rights
  • Appeared on behalf of amicus curiae in defense of an inverse condemnation claim based on the government’s approval of flood control plans. See Harris County Flood Control Dist. v. Kerr, 499 S.W.3d 793 (Tex. 2016)
  • Represented associations of autobody collision repair shops at trial and on appeal in a Commerce Clause case in which we defended a Texas statute prohibiting the vertical integration of insurance companies into the collision repair industry. See Allstate Insurance Company v. Abbott, 495 F.3d 151 (5th Cir. 2007)
  • Represented automobile dealers as intervenors at trial, assisting the State in the defense of the Texas Blue Law against a Commerce Clause, Equal Protection, and Due Process challenge
  • Representing medical clinic before the U.S. Supreme Court in its challenge to a San Francisco ordinance imposing speech restrictions on the clinic
  • Represented the plaintiff in litigation regarding the advertising and promotion of the movie Behind Enemy Lines, in a case raising significant First Amendment issues
  • 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. See Neely v. Commission for Lawyer Discipline, 196 S.W.3d 174 (Tex. App.—Houston [1 Dist.], 2006, pet. denied)
  • 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 a defendant in post-verdict proceedings regarding the right to effective assistance of counsel under the Sixth Amendment

In his energy practice, Scott has represented oil and gas companies in trial and appellate courts in cases raising a wide variety of issues from property and leasing disputes to production and accounting matters. Representative experience includes:

  • Representing an operator before the Texas Supreme Court in a case involving lease interpretation, the rule against perpetuities, and the application of the Texas Natural Resources Code
  • Represented mineral interest owners in litigation to enforce a contract to sell rights in the Haynesville Shale. See Coe v. Chesapeake, 695 F.3d 311 (5th 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, 2011 WL 6259893 (5th Cir. Dec. 15, 2011); In re Natural Gas Royalties Qui Tam Litigation, 562 F.3d 1032 (10th Cir. 2009)
  • Represented clients in contested bankruptcy proceeding involving the sale of mineral interests

In his False Claims Act practice, Scott has defended against claims in trial and appellate courts, representing companies in a wide variety of industries, including:

  • Representing several mortgage servicers in litigation accusing them of making false statements to the United States to obtain federal subsidies that they were allegedly not entitled to receive
  • Representing pharmaceutical services company in litigation alleging violations of the federal Anti-Kickback Act
  • Defended several oil and gas producers against claims alleging fraudulent practices to underpay royalties due to the United States
  • Represented a Big 4 accounting firm in defense of claims alleging it caused energy clients to submit false claims to the government

Scott has also maintained a general commercial practice, representing clients at all levels of the judicial process. Representative cases include:

  • Represented Atlantic Marine Construction Co. in the U.S. Supreme Court in a case setting the standards for enforcement of contractual forum selection clauses in federal courts. See Atl. Marine Constr. Co. v. U.S. Dist. Ct. for the W. Dist. of Texas, 134 S.Ct. 568 (2013)
  • Defended class actions asserted under the Real Estate Settlement Procedures Act and under the Telephone Consumer Protection Act. See, e.g., Sandusky Wellness Center, LLC v. ASD Specialty Healthcare, Inc., 863 F.3d 460 (6th Cir. 2017)
  • 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)

Professional Affiliations :

  • American Law Institute, Member
  • American Bar Foundation, Fellow
  • Texas Bar Foundation, Fellow
  • Dallas Bar Foundation, Fellow

Education :

  • J.D., Vanderbilt University Law School, 1997
  • B.S., cum laude, Louisiana State University, 1994

Admissions :

  • Louisiana, 1998
  • Texas, 1997
  • U.S. Supreme Court


Rate : $$$

What types of cases Attorney Scott Hastings & Locke Lord LLP can handle?
Locke Lord LLP can handle cases related to laws concerning Litigation, Business, Energy Utilities & Environmental. We manually verify each attorney’s practice areas before approving their profiles and reviews on our website.
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Locke Lord LLP is located at Chase Tower, 2200 Ross Ave #2800, Dallas, TX 75201, USA. You can reach out to Locke Lord LLP using their phone line 214-740-8537. You can also check their website or email them at [email protected].
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Locke Lord LLP
Chase Tower, 2200 Ross Ave #2800, Dallas, TX 75201, USA
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