Scott Baker

Practices

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Education and Clerkships

J.D., University of Texas at Austin School of Law, 1995

B.S., Economics, Texas A&M University, 1992, magna cum laude

  • Certificate, Professional Mediation Training, University of Denver, University College, 2012
  • Judicial Intern, Supreme Court of Texas, Fall 1994

Admissions

Colorado, 2008

Texas, 1995

Court Admissions

U.S. District Court, District of Colorado

U.S. District Court for the Western District of Texas

U.S. District Court for the Southern District of Texas

Profile

Scott Baker is an AV® Preeminent™ rated and experienced litigator who helps his clients succeed in complex commercial and civil disputes in federal and state courts. In addition to his representation of clients involved in environmental and natural resources disputes, Scott has represented clients in many diverse areas including real estate; administrative law; estate, trust, and fiduciary litigation; property insurance disputes and subrogation recovery; and personal injury. Scott has practiced extensively and maintains licenses to practice in both Colorado and Texas.

Scott is an aggressive advocate for his clients who strives to end their disputes as quickly and cost-effectively as possible. Trial is sometimes necessary, and Scott prepares cases to fight for his clients through trial and appeal. But he is also proud to have delivered results to his clients while saving them from the time and expense of trial, whether through directly negotiating creative solutions, successfully settling cases through mediation, or by ending litigation through effective oral and written advocacy through the court systems by, for example, effectively writing and arguing motions for summary judgment.

Scott also serves as a neutral mediator to help parties resolve their disputes amicably and cost-effectively. Scott’s deep and broad experience in many diverse and complex areas of the law, his representation of both plaintiffs and defendants in significant and high-profile litigation, and his professional mediation training makes him an effective mediator.

Professional and Community Activities

  • Colorado Bar Association
  • Denver Bar Association
  • Jefferson County Mediation Services, volunteer mediator
  • Head youth baseball coach

Recognition

AV Preeminent® Peer Review Rated

Martindale-Hubbell

Selected for inclusion in the Martindale Hubbell® Law Directory with the highest peer review rating of AV® Preeminent™, recognizing excellence in legal knowledge, experience and capabilities.

Selected Client Representations

  • Wrote appellate brief and successfully argued case to the Texas Fourth Court of Appeals, ending litigation in which a plaintiff sought approximately $30 million for damage to a hotel on the San Antonio Riverwalk. See CWCapital Asset Mgmt. LLC v. Wausau Bus. Ins. Co., No. 04-08-00457-CV, 2009 WL 1900413 (Tex. App.—San Antonio July 1, 2009, no pet.) (mem. op.).
  • Obtained summary judgment against all claims in contentious will contest in which a contestant alleged forgery, lack of testamentary capacity, and undue influence. The court of appeals quoted Scott’s cross-examination in its opinion that affirmed the probate court’s judgment. See Pool v. Diana, No. 03-08-00363-CV, 2010 WL 1170234, (Tex. App.—Austin Mar. 24, 2010, pet. denied) (mem. op.) (Patterson, J., concurring and dissenting on additional sanctions imposed by appellate court).
  • Negotiated substantial subrogation recovery on behalf of insurer and insured relating to a fire that destroyed the historic Provo Tabernacle.
  • Obtained injunction on behalf of national fundraising company against the Texas Comptroller over its sales tax policy involving brochure fundraising. The court of appeals quoted Scott’s cross-examination in its opinion that affirmed the trial court’s orders. See Combs v. Entm’t Publ’ns, Inc., 292 S.W.3d 712 (Tex. App.—Austin 2009, no pet.).
  • Litigated and negotiated favorable resolution of high-profile and widely-publicized case in which a state agency sought administrative penalties of several hundred thousand dollars against a national funeral home company.
  • Wrote trial and appellate court briefs to successfully challenge a court’s personal jurisdiction over a major national trade association for claims relating to alleged injuries from amalgam dental fillings. See Botter v. Am. Dental Ass’n, 124 S.W.3d 856 (Tex. App.—Austin 2003, no pet.).
  • Wrote successful brief to obtain injunction under the Americans with Disabilities Act in favor of disabled golfer who sought to qualify for the United States Senior Open.
  • Successfully resisted motions to dismiss in case, which then settled, on behalf of national company involving dispute over a trademark license agreement. See TIG Global, LLC v. PC Specialists, Inc., 2011 WL 524409 (D. Colo. Nov. 3, 2011).
  • Favorably settled through mediation a case on behalf of a beneficiary and against the personal representative and trustee for breach of fiduciary duty for failing to close estate and distribute substantial assets.
  • Wrote and argued successful summary judgment motion on behalf of a landowner who was sued for several million dollars as a result of a livestock-automobile collision.
  • Litigator in charge of helping religious entities resolve misconduct claims against them.
  • Appointed by the United States District Court for the Western District of Texas to represent a defendant in a case that involved what was then the largest narcotics cash seizure in the history of the Austin, Texas Police Department.
  • Negotiated through mediation a substantial settlement for a media company that suffered a fire loss that was not fully covered by its property insurance program.

*Some of these representations were handled by Scott prior to his joining Haynes and Boone, LLP.

Professional Recognition

  • Named a "Trailblazer in Litigation" by The National Law Journal, ALM Media Properties LLC, 2016.
  • Rated AV® Preeminent™, the highest peer review rating of Martindale-Hubbell® Law Directory, 2014.
  • Listed as a “Rising Star” in General Litigation by Texas Super Lawyers, Thomson Reuters, 2007.

Reported Cases

  • TIG Global, LLC v. PC Specialists, Inc., 2011 WL 524409 (D. Colo. Nov. 3, 2011). Trial Court Counsel.
  • Leprino Foods Co. v. Factory Mut. Ins. Co., 653 F.3d 1121 (10th Cir. 2011). Trial Court Counsel.
  • Pool v. Diana, No. 03-08-00363-CV, 2010 WL 1170234, (Tex. App.—Austin Mar. 24, 2010, pet. denied) (mem. op.) (Patterson, J., concurring and dissenting on additional sanctions imposed by appellate court). Trial court counsel.
  • CWCapital Asset Mgmt. LLC v. Wausau Bus. Ins. Co., No. 04-08-00457-CV, 2009 WL 1900413 (Tex. App.—San Antonio July 1, 2009, no pet.) (mem. op.). Appellate court counsel.
  • Combs v. Entm’t Publ’ns, Inc., 292 S.W.3d 712 (Tex. App.—Austin 2009, no pet. h.). Trial court counsel.
  • In re Cerberus Capital Mgmt., L.P., 161 S.W.3d 531 (Tex. App.—Austin 2004, orig. proceeding), mand. conditionally granted, 164 S.W.3d 379 (Tex. 2005). Represented parties not the subject of appellate court opinions.
  • Botter v. Am. Dental Ass’n, 124 S.W.3d 856 (Tex. App.—Austin 2003, no pet.). Trial and appellate court counsel.
  • FM Prop. Operating Co. v. City of Austin, 22 S.W.3d 868 (Tex. 2000). Trial and appellate court counsel.

*Some of these representations were handled by Scott prior to his joining Haynes and Boone, LLP.

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