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scott_livingston

Mr. Livingston began his practice in Washington, D.C. before moving to the Pittsburgh area in 1991.

Mr. Livingston has tried numerous complex commercial, construction and personal injury cases in state and federal courts and administrative agencies throughout the country. Before the Federal Energy Regulatory Commission, Mr. Livingston represented the State of Alaska in a $2 billion dollar dispute involving corrosion on the Trans-Alaska Pipeline. Mr. Livingston successfully represented one of the principal defendants against claims for investment loss amounting to nearly $1 billion dollars in the Phar-Mor Securities Litigation.

Mr. Livingston successfully represented the operator of the Mellon Arena in a suit to recover damages incurred when the Celine Dion concert had to be postponed at the last minute due to defective construction work. After extensive litigation, Mr. Livingston obtained a settlement of $1.65 million on behalf of a minority shareholder in a "squeeze out" action. Mr. Livingston has successfully handled numerous insurance coverage disputes including CGL, D&O and Employment Practices policies. On behalf of an opt-out Plaintiff, Mr. Livingston settled a multi-million dollar antitrust claim for a major retailer against debit card companies. At trial, Mr. Livingston 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. Mr. Livingston 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. http://www.supremecourt.ohio.gov/PIO/summaries/2009/0730/080895.asp

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Practice Concentration

  • Commercial Litigation including Commercial Contracts, Partnership Disputes, Securities, Fraud, Arbitration, Antitrust, Insurance Coverage disputes, and ERISA
  • Personal Injury Litigation

Education

  • Duke University, J.D., 1984
  • Cornell University, B.A. (Economics) 1981 (with Distinction)

Honors

  • James S. Bidlake Writing Award
  • Administrative Editor, Law & Contemporary Problems, 1982-1984
  • With Distinction, Phi Beta Kappa, Presidential Honor Scholar

Judicial Clerkship

  • Honorable Sam J. Ervin III of the United States Court of Appeals for the Fourth Circuit

Arbitrator

  • Arbitrator with the Pittsburgh office of the American Arbitration Association

Admitted to Practice

  • Pennsylvania and the U.S. District Court, Western District of Pennsylvania
  • District of Columbia and the U.S. District Court, District of Columbia
  • North Carolina
  • U.S. Court of Appeals, Fourth Circuit
  • U.S. Court of Appeals, Third Circuit