Scott D. Livingston
- Commercial Litigation including Commercial Contracts, Bankruptcy, Arbitration, Employment Disputes, Partnership Disputes, Corporate Governance, Bankruptcy, Securities Fraud, Antitrust, Insurance Coverage disputes, and ERISA
- Appellate Litigation
- Personal Injury Litigation
- Duke University, J.D. with honors, 1984
- Cornell University, B.A. in Economics with distinction, 1981
- The Honorable Sam J. Ervin III, United States Court of Appeals, Fourth Circuit
- The Honorable Lisa Pupo Lenihan, Chief Magistrate Judge, United States District Court, Western District of Pennsylvania
- Arbitrator with the American Arbitration Association
- U.S. District Court, Western District of Pennsylvania
- District of Columbia
- U.S. District Court, District of Columbia
- North Carolina (inactive)
- U.S. Court of Appeals, Ninth Circuit
- U.S. Court of Appeals, Fourth Circuit
- U.S. Court of Appeals, Third Circuit
Scott Livingston’s mentor once told him he should aspire to provide nothing short of legendary client service. He took that advice to heart. Scott focuses his keen intellect, outstanding advocacy skills, and creativity on the passionate representation of his clients and the tireless pursuit of their goals.
After clerking for a federal court of appeals judge, Scott began his practice in Washington, D.C. before moving to the Pittsburgh area in 1991.
For over 30 years, Scott has honed his skills by trying numerous complex commercial, construction, and personal injury cases in state and federal courts and administrative agencies throughout the country. A few notable examples include:
Scott represented the State of Alaska in a $2 billion dispute involving corrosion on the Trans-Alaska Pipeline. In multidistrict litigation in federal court in Pittsburgh, Scott successfully represented one of the principal defendants against claims for investment loss amounting to nearly $1 billion in the Phar-Mor Securities Litigation.
In a major corporate governance dispute involving a robotics start-up, Scott prevailed on a motion to dismiss and then successfully defended an appeal to the Delaware Supreme Court.
Scott successfully represented the operator of the former Mellon Arena seeking to recover damages incurred when the Celine Dion concert had to be postponed due to defective construction work. After extensive litigation, Scott obtained a settlement of $1.65 million on behalf of a minority shareholder in a “squeeze out” action. On behalf of both insureds and insurers, Scott has successfully handled numerous multimillion dollar insurance coverage disputes including CGL, D&O and Employment Practices policies. On behalf of an opt-out Plaintiff, Scott settled a multi-million dollar antitrust claim for a major retailer against the leading credit and debit card companies. During trial, Scott settled a multi-million dollar personal injury action involving serious injuries caused by a handicap access ramp that did not meet the applicable building code. Scott recently successfully argued an appeal before the Supreme Court of Ohio in a wrongful death suit, Niskanen v. Giant Eagle, Inc., et al., that resolved several issues of first impression under Ohio tort law.
Scott is a commercial arbitrator for the American Arbitration Association and, in that capacity, he served as an arbitrator in numerous disputes involving claims exceeding tens of millions of dollars.
Scott has considerable expertise in successfully litigating attorney fee petitions including serving as an expert witness on such matters. For a large business client, Scott won an award of attorney fees exceeding $400,000 in federal district court in Arizona which was later affirmed by the U.S. Court of Appeals for the Ninth Circuit. In an ERISA case, Scott obtained a fee award of nearly $100,000 for a client wrongfully denied ERISA disability benefits. In an arbitration seeking indemnification for federal and state tax liabilities, Scott won an attorney fee award in excess of $800,000.
Scott also has a successful practice serving as counsel to clients in commercial arbitration disputes. In 2011, he won an arbitration award for $13 million against a large steel company for breach of a mill services contract. In 2015, Scott won an arbitration award for over $2 million in a complex tax indemnification dispute.
Scott has considerable experience involving bankruptcy litigation. In 2015, he successfully represented a major investor and bankruptcy plan sponsor against challenges to the plan which allowed the debtor technology start-up to emerge successfully from bankruptcy.