|  | Professionals | Scott M. Kelly |
 | Scott M. Kelly |
| Education J.D., magna cum laude, University of Houston Law Center, 2002 B.B.A., Marketing, The University of Texas at Austin, 1999 Admitted Texas United States Court of Appeals Fifth Circuit United States District Court Southern, Northern and Eastern Districts of Texas | Scott Kelly is an associate in the litigation practice group of Porter Hedges. His practice focuses on representing plaintiffs and defendants in commercial litigation. Mr. Kelly has significant experience representing clients in complex domestic and international arbitration. His arbitration experience includes appearing in matters pending before the AAA, ICDR, ICC, and AHLA. Mr. Kelly has represented clients in all phases of a wide variety of litigation, including complex commercial disputes, energy litigation, pharmaceutical litigation, and labor and employment and ERISA matters.
Mr. Kelly was selected for inclusion in Texas Rising Stars in Business Litigation in 2010. |
Representative Experience
- Representation of international drilling and production contractor in international commercial in arbitration before the International Chamber of Commerce and involving claims exceeding $40 million.
- Representation of major engineering and construction company in $100 million international commercial arbitration arising from alleged breaches of construction contract.
- Representation of healthcare company in multiple high-profile commercial arbitrations and lawsuits in federal and state courts involving claims exceeding $100 million and arising out of breaches of health care provider agreements and consulting agreements.
- Representation operator of federal oil and gas lease in dispute over breach of operating agreement.
- Representation of major pharmaceuticals companies in commercial disputes and products liability cases pending in federal and state courts across the United States.
- Representation of major oil and gas companies in mass-tort cases.
- Representation of company resulting in decertification of local union, successful defense of unfair labor practice charges, and establishment of case authority that a one-time stock award is not a mandatory subject of bargaining. See North American Pipe Corporation & Unite Here, 346 NLRB No. 78 (2006), aff'd, Unite Here v. NLRB, 546 F.3d 239 (2d Cir. 2008).
- Representation of insurance companies in ERISA-governed litigation, resulting in multiple summary judgments in defendants' favor. See, e.g., Boldt v. The Dow Chem. Co. Voluntary Group Acc. Ins. Plan, Civil Action No. 6:06-cv-25, 2007 WL 2329873 (S.D. Tex. Aug. 15, 2007) (granting defendants summary judgment).
- Representation of oil pipeline service and construction company in tortuous interference lawsuit. See Cebryk v. VECO Corp., 124 Fed. Appx. 282 (5th Cir. 2005) (affirming summary judgment in favor of defendant).
- Representation of major investment banks in securities arbitrations and federal court securities litigation.
- Representation of automobile insurance carrier in personal injury cases, including jury trial to defense verdict.
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Professional / Civic Affiliations
- American Bar Association, Member
- State Bar of Texas, Member
- Houston Bar Association, Member
- Houston Young Lawyers Association, Member
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NewsPublications- "Two U.S. Drug Companies Avoid Personal Jurisdiction in Texas Under 'Fair Play' Prong of International Shoe," IADC Newsletter, Drug, Device & Biotech, August 2005, No. 1 (with Steve Scheve) (08/01/05)
- "Service of Process by Mail on Foreign Companies,” IADC Newsletter, Drug, Device & Biotech, September 2004, No. 2 (with Steve Scheve) (09/01/04)
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