J. Scott Sexton

Partner

Phone: 540.983.9379
Fax: 540.983.9400
Sexton@gentrylocke.com

Scott Sexton is a senior commercial litigation partner who chairs the firm's Mineral, Energy and Natural Resources section. He has been recognized by his peers as a Leader in the Law for his role in developing the law of mineral rights in Virginia. Scott is a charter member of the International Institute of Environmental, Energy, and Natural Resources Law, a member of the Energy and Mineral Law Foundation, and a Fellow in the Litigation Counsel of America. In addition to his practice in mineral rights, Scott maintains a much broader practice in traditional areas of commercial litigation involving complex disputes. Combining an understanding of business and industry with years of experience in the law, Scott is known as an aggressive but fair advocate for his clients' positions.

View full bio

download vcard

Bio/Experience Commercial Litigation Articles Seminars/Events News Published Work Affiliations

>> Print/download bio as PDF

Education

Southern Methodist University School of Law, J.D. 1988 ; University of Dallas, B.A. with honors, 1985

Experience

In 2010, Scott Sexton was named a "Leader in the Law" for his role as "Developer of the Law on Virginia Mineral Rights." In addition to trial work in this area, his focus in this field has taken him to the Virginia Supreme Court on numerous occasions over the past decade.

Energy Cases: Mineral, Energy, and Land Rights

Obtained 75 million dollar settlement on behalf of mineral owners regarding claims of unauthorized dumping in old mine works
Obtained largest jury verdict on record in the United States District Court for the Western District of Virginia on behalf of mineral owners regarding deductions from royalty
Obtained summary judgment liability ruling that coal operator had no right to dump mine wastewater in mine works where plaintiffs owned coal
Judicially overturned arbitration decision denying coal owner clients' claims that coal operator had caused coal to become "lost or threatened" under terms of coal lease
Obtained ruling by Virginia Supreme Court that Consolidation Coal Company had no legal right to dump mine waste in old mine works
Obtained ruling by Virginia Supreme Court that CNX Gas Company could not block construction of a competing gas pipeline when CNX asserted that it had the "exclusive" right to construct pipelines under its gas lease with the 20,000 acre property owner
Argued landmark decision at trial court and before the Virginia Supreme Court determining ownership of Coalbed Methane gas in Virginia
Successfully defended manufacturer in defective pipeline case
Successfully defended gas production company's property interests in gas storage facility
Represented numerous parties in various disputes involving Joint Operating Agreements
Successfully defended gas transportation company in claims related to contract for construction of pipeline
Successfully defended gas distribution company in claims related to gas explosion
Successfully obtained reversal of temporary injunction issued against gas production company related to construction of and access to pipeline facility
Represented gas production company in anti-trust and business conspiracy case against competitor
Represented mineral owners before Virginia Gas and Oil Board
Represented gas production company before Virginia Gas and Oil Board
Successfully defended mineral owners against claim by others alleging competing title to coalbed methane gas and royalties
Represented mineral owners in claims for over-deduction from royalties (ongoing)
Represented gas production company in claims by injured pipeline worker
Represented former shareholder in gas production company regarding dispute over payments due under buy-out
Represented gas production company in dispute with another mineral leaseholder on large tract of gas producing property
Represented holder of 27,000 acres of mineral interests in dispute arising out of alleged damage to its minerals
Represented holder of 12,000 acres of mineral interests in dispute arising out of alleged damage to its minerals
Advised large gas production company in dispute over joint operating agreement and related rights
Successfully represented vendor of supplies and services in connection with claims for unpaid invoices against a large national pipeline construction contractor, obtaining payment
Defended gas production and distribution company against claims by pipeline construction company, successfully obtaining jury verdict on counterclaim
Successfully defended large gas production company against claims by coal operator related to construction and operation of a gas transportation pipeline
Successfully resolved claims against former shareholder of large coal company arising out of stock redemption
Represented parties opposed to permit sought to allow large coal operator to discharge waste mine water into mines and local waterway
Represented gas production company in connection with issues related to conflicts with coal operators under Virginia Gas and Oil Act
Represented various parties in connection with numerous issues related to mineral leases and deeds

Education

Southern Methodist University School of Law, J.D. 1988
University of Dallas, B.A. with honors, 1985

Obtained jury verdict in favor of client accused of breach of fiduciary duty, interference with contract, and other business torts. Jury granted judgment on counterclaim in favor of client for conversion
Successfully represented real estate developer in enforcing contract for purchase of resort acreage where final contract had not yet been fully executed
Obtained jury verdict in favor of seller of large farm in Shenandoah Valley
Successfully resolved litigation asserting claims against purchaser of $275 million real estate portfolio
Successfully represented national bank on claims against former shareholder/director for fraud
Successfully represented minority shareholders in shareholder derivative lawsuit
Represented trademark holder against infringer, obtaining judgment for damages associated with pirated products
Represented numerous parties in D&O Claims arising out of corporate governance
Represented minority shareholder in claims against majority shareholder who had allegedly diluted stock
Represented Officer, Director and former Shareholder in claims by bankrupt corporation
Represented Trust beneficiary in claims against trustees of large estate
Represented numerous parties in estate litigation

Articles

News

Awards

Named a Virginia Leader in the Law in 2010 by Virginia Lawyers Weekly
Named one of The Best Lawyers in America^® in the fields of Commercial Litigation (2008-2013) and Oil & Gas Law (2009-2013)
Named to Virginia Super Lawyers in the area of Business Litigation (2007-2012), included in Super Lawyers Corporate Counsel edition (2010) and Super Lawyers Business Edition US in the area of Business Litigation (2012)
Named a "Legal Eagle" for Commercial Litigation and Oil & Gas Law by Virginia Living magazine (2012)
Designated as one of the Legal Elite in the field of Intellectual Property (2003-06) and Civil Litigation (2008-2010) by Virginia Business magazine

Affiliations

Member, Boyd Graves Society
Barrister, The Ted Dalton American Inn of Court
Faculty, Virginia State Bar Professionalism course
Member, Business Law Section, Virginia Bar Association
Member, Intellectual Property Section, Virginia Bar Association
Member, Civil Litigation Section, Virginia Bar Association
Past Member, 8th District Ethics Committee, Virginia State Bar
Fellow, Trial Lawyer Honorary Society, Litigation Counsel of America

Toll-free: 866.983.0866
Telephone: 540.983.9300
Fax: 540.983.9400

10 Franklin Road S.E., Suite 800
Roanoke, VA 24011

Mailing Address:
P.O. Box 40013
Roanoke, VA 24022-0013

Legal Disclaimer: The results of client matters depend on a variety of factors unique to each matter. Past successes do not predict or guarantee future successes. Attorneys licensed to practice in VA, MD, DC, TN, NC, and TX.