Scott T. Winstead
Mr. Winstead was born in Mobile, Alabama. He attended Tulane University on a Naval R.O.T.C. scholarship for his undergraduate studies and graduated in 1991 with a Bachelor of Arts in Political Science. After Tulane, Mr. Winstead entered active duty in the United States Navy, where he served in various positions within the Special Warfare community and specializing in the field of Logistics. In 1998, while still in the Navy, Mr. Winstead completed studies at the University of Southern Mississippi and was awarded a Master of Science (Public Administration) Degree. Upon resigning from the Navy in 1998, Mr. Winstead attended the Loyola University School of Law, where he was a member of the Loyola Law Review and achieved a designation as a William J. Crowe Scholar (equivalent to Order of the Coif). Mr. Winstead graduated from Loyola Law, cum laude, in 2001.
Mr. Winstead’s practice is varied, with a concentration on defense of international insurers as well as their insureds in casualty and commercial litigation as well as insurance coverage litigation. In addition, Mr. Winstead has extensive experience in construction defect defense in multi-million-dollar cases. Mr. Winstead also has defended many interstate trucking companies in casualty and workers’ compensation litigation. Mr. Winstead is admitted to practice before all state and federal courts in the States of Louisiana and Alabama as well as the United States Court of Appeal for the Fifth Circuit and the United States Supreme Court.
Loyola University College of Law, New Orleans, LA
Juris Doctor, Cum Laude – 2001
Law Review; Teaching Assistant for Legal Research and Writing; Research Assistant to Professor Patrick Hugg – published “The Entry of Turkey into the European Union: A Legal Perspective” in Fordham Law Review (Fall 1999).
University of Southern Mississippi, Hattiesburg, MS
Master of Science, Political Science – 1998, with honors
Tulane University, New Orleans, LA
Bachelor of Arts, Political Science, May 1991
- Louisiana, 2001
- Alabama, 2007
- U.S. District Court Eastern District of Louisiana
- U.S. District Court Middle District of Louisiana
- U.S. District Court Western District of Louisiana
- U.S. District Court Northern District of Alabama
- U.S. District Court Middle District of Alabama
- U.S. District Court Southern District of Alabama
- U.S. District Court Southern District of Texas
- U.S. Court of Appeals 5th Circuit
- United States Supreme Court
- Louisiana State Bar Association
- Alabama State Bar Association
- American Bar Association
- Chair-Elect (2016-17), Chair (2017-2018), Commercial Litigation
- Transportation Committee, TIPS, 2012-present
- Louisiana Association of Defense Counsel
- Defense Research Institute
- Transportation Industry Defense Association
- Claims and Litigation Management Alliance
- St. Thomas More (Loyola) Inn of Court
No Punitive Damages for Drunk Passenger
Obtained highly favorable verdict on behalf of a South Texas oilfield service company in a lawsuit filed in Louisiana state court by an employee claiming injuries from an auto accident in a company vehicle while the driver was intoxicated. Trial was conducted and went through verdict. Plaintiff asked for $30,000,000 inclusive of punitive damages. The award to plaintiff was only $800,000 with no punitive damages awarded.
No Fiduciary Duty Between Nurse Case Manager and Client
Obtained summary judgment for the defendant, a medical necessity review organization, in a lawsuit alleging that the company, through its employee, breached a fiduciary duty to the plaintiff. Specifically, plaintiff claimed a nurse case manager falsely reported improved medical progress and status that wrongly resulted in termination of workers’ compensation benefits. A Motion for Summary Judgment was filed arguing no such duty was owed to plaintiff, and the Court found no such duty existed on the part of the defendant.
Church Member Not Defamed When Outrageous Behavior Was True
Successfully defended through trial a defendant church whose member filed suit alleging defamation and intentional infliction of emotional distress. The plaintiff claimed the pastor of the church spread rumors among the church members that plaintiff was mentally unstable and eventually led to the expulsion of plaintiff from the congregation. After extensive discovery, the matter proceeded to a Bench Trial. The Court ruled in the defendant church’s favor holding no duty to the plaintiff was breached.
Trucker Not Liable For Accident
Successfully obtained a dismissal via summary judgment in favor of an interstate trucking company in a case where a car performed a U-turn just in front of a tractor-trailer causing a collision that killed plaintiff’s son. Plaintiff filed suit on a theory that the defendant driver was speeding which, in turn, was the cause-in-fact of the collision notwithstanding the fact plaintiff’s son pulled out in front of the tractor-trailer. Summary Judgment was awarded to defendant because the plaintiff could not produce any evidence that the defendant driver was traveling at an excessive speed.