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Scott L. Winkelman

Partner

swinkelman@crowell.com
Phone: +1 202.624.2972
1001 Pennsylvania Avenue NW
Washington, DC 20004-2595

Scott L. Winkelman is a partner in the firm's Mass Tort, Product, and Consumer Litigation Group. Scott litigates class actions, multidistrict proceedings, arbitrations, and other complex litigation in products and commercial matters nationwide. His practice involves representations in a range of industry sectors and advanced technologies, including automotive and autonomous vehicles, aviation, consumer products, food, chemical, rail, 3D printing, information technology, and medical devices.

Scott co-founded the firm's Product Risk Management Group, and represents clients in proceedings before the National Highway Traffic Safety Administration, the Consumer Product Safety Commission, and related regulatory bodies. He also advises clients on matters in digital transformation. Scott performs crisis management for clients, and counsels on liability prevention, records management, commercial contracting, warranty, and best practices in law functions and legal management. A certified "black belt" in Six Sigma methodology, Scott trains clients on process improvement and applies efficiency techniques to his engagements. Scott has been selected by his peers each year since 1997 for inclusion in The Best Lawyers In America as a "Best Lawyer" in the area of product liability litigation, and is a ranked practitioner in Chambers USA. Scott has served on and off for over a decade on the firm’s Management Board and Executive Committee.

Scott received his undergraduate degree from the University of Michigan (1984), and his law degree from Harvard Law School (1987), before serving as judicial clerk to the Honorable John Pratt of the U.S. District Court for the District of Columbia.

Scott is married with two children and roots for all Detroit sports teams.

Representative Engagements

  • Argued successfully for the defense group in Mississippi federal district court, then twice before the Fifth Circuit, in climate change tort litigation.
  • Tried to verdict matters involving alleged breach of a partnership agreement and fraud in New York state court; antitrust and contract claims in Illinois federal court; antitrust claims and tort counterclaims in Texas federal court, and a real estate managing partner dispute in Virginia federal court.
  • Represented clients in connection with three of the largest automotive recalls in U.S. history.
  • Obtained summary judgment in neighborhood environmental tort litigation seeking a $440 million medical monitoring program, and denial of class certification of a medical monitoring action in Florida state court.
  • Achieved denial of class certification following evidentiary and oral argument proceedings in tort and commercial actions for an array of clients in courts in Maryland, Michigan, New Jersey, Florida, and Ohio, and dismissal of additional putative class and mass actions on non-class grounds in courts in California, Illinois, West Virginia, Massachusetts, Virginia, Ohio, and Florida, among others.
  • Obtained dismissal upon oral argument in Ohio state court of what was threatened to become the next wave of asbestos litigation, an outcome affirmed on appeal.
  • Obtained termination of a hundred-plus-case occupational personal injury docket in West Virginia state court through a Daubert ruling following a several-day evidentiary hearing.
  • Obtained dismissal of all claims against our client in Hurricane Katrina Levee litigation multidistricted in New Orleans federal court.
  • Obtained voluntary dismissal with prejudice of claims in multidistrict litigation stemming from the crash of Egypt Air Flight 990, and represented clients in connection with the downing of SwissAir 111, Air France 447, and other aviation events.
  • Successfully recovered funds stolen from an Olympic speedskater medalist through court action, then achieved disbarment of the offending party through state disciplinary proceedings.
  • Resolved successfully an environmental community tort litigation in Florida state court seeking $500 million in relief;
  • Resolved successfully a commercial dispute between an automotive part supplier and automotive manufacturer with claims valued in excess of $1 billion.
  • Served as a testifying expert witness in insurance coverage commercial litigation involving the reasonableness of underlying tort action settlement efforts.
  • Obtained successful closure of dozens of proceedings for multiple clients before the U.S. Consumer Product Safety Commission and the National Highway Traffic Safety Administration.
  • Represented a world-leading manufacturer and supplier of aluminum wheels in NHTSA proceedings and personal injury tort litigation.
  • Defended a leading global provider of engine turbines in multi-million dollar commercial litigation brought by a utility in Virginia state court.
  • Served as coordinating counsel for a Fortune 100 client in serial fungicide tort litigation in courts nationwide, and as coordinating counsel for a leading transportation entity in occupational tort litigation in courts nationwide.
  • Lectured on the Class Action Fairness Act; implications of the Consumer Product Safety Improvement Act of 2008. developments and trends in e-discovery; crisis management; the government contractor defense; early-win strategies in complex tort litigation; records management; application of Six Sigma methodology to the practice of law; climate change litigation; and an array of tort law trends, challenges and winning defense strategies.

Education

  • University of Michigan, B.A. (1984)
  • Harvard Law School, J.D. (1987)

Affiliations

Admitted to practice: District of Columbia, Illinois

View More

"NHTSA versus CPSC Jurisdiction Over Certain Micromobility Products," Crowell & Moring’s Retail & Consumer Products Law Observer (September 2, 2020). Authors: Scott L. Winkelman, Mariam Sarwar and Amanda Lineberry.
Publication
The Best Lawyers in America 2021 Recognizes 46 Crowell & Moring Attorneys, Two Selected as Lawyer of the Year (Aug.20.2020)
Firm News / Announcement
When Manufacturing New Product Lines, Be Aware Of New Compliance Risks Compliance Week (June 5, 2020)
Media Mentions
"COVID-19 And Product Pivoting: Pitfalls and Opportunities," Crowell & Moring Webinar (April 22, 2020). Presenters: Jonathan M. Baker, John Fuson, David R. Stepp, Scott L. Winkelman, Chalana Netasha Damron, Stephanie L. Crawford, and Mariam Sarwar.
Speech/Presentation
"Business Disruption in a Pandemic: Allocating Limited Supply," Litigation Alert (April 20, 2020). Contacts: Luke van Houwelingen, Scott L. Winkelman, Helen Osun
Client Alert / Newsletter
"Fireman's Rule Could Guard Against COVID-19 Product Claims," Law360 (April 14, 2020). Authors: Scott L. Winkelman, Matthew Cohen, and Rachel Raphael.
Publication
"Massachusetts Governor Affirmatively Employs PREP Act Protections in State Healthcare System," (April 11, 2020). Contacts: Rebecca Baden Chaney, Cheryl A. Falvey, John Fuson, Scott L. Winkelman, Clifford J. Zatz, Stephanie L. Crawford, Mariam Sarwar
Client Alert / Newsletter
"COVID-19 Countermeasure Protections Are Not Absolute," Law360 (April 8, 2020). Authors: Rebecca Baden Chaney, Cheryl A. Falvey, John Fuson, Scott L. Winkelman, Clifford J. Zatz, and Mariam Sarwar.
Publication
"PREP Act Immunity from Liability for COVID-19 Related Medical Equipment," Mass Tort, Product, and Consumer Litigation Alert (March 27, 2020). Contacts: Rebecca Baden Chaney, Cheryl A. Falvey, John Fuson, Scott L. Winkelman, Clifford J. Zatz, Mariam Sarwar
Client Alert / Newsletter
"NHTSA Announces Historic Proposal to Modernize Vehicle Safety Standards," Mass Tort, Product, and Consumer Litigation Alert (March 19, 2020). Contacts: Rebecca Baden Chaney, Daniel T. Campbell, Cheryl A. Falvey, Scott L. Winkelman, Rukiya Mohamed
Client Alert / Newsletter

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Crowell & Moring LLP is an international law firm with more than 500 lawyers representing clients in litigation and arbitration, regulatory, and transactional matters. The firm is internationally recognized for its representation of Fortune 500 companies in high-stakes litigation, as well as its ongoing commitment to pro bono service and diversity. The firm has offices in Washington, DC, New York, Los Angeles, San Francisco, Orange County, London, Brussels, and Shanghai.

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