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Scott A. Stephenson

Partner
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Leslie Viar540.983.9419
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Scott Stephenson is a partner in the firm’s Commercial Litigation and Appeals and Critical Issues Groups. A native of nearby Salem, Virginia, Scott graduated from the Georgetown University Law Center in 2014 and joined Gentry Locke shortly afterward. Scott practices complex business litigation in both state and federal courts, including disputes over ownership and management rights within businesses, corporate derivative litigation, property disputes, energy litigation, mineral rights litigation, municipal government litigation, and appellate matters.

He thrives on the challenges presented by complicated cases and nuanced legal issues; the tougher, the better. Scott particularly enjoys brief writing and oral advocacy, and constantly works on his craft under the mantra that both skills can always be improved.

  • Cities resided
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  • Years living in the Roanoke Valley
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  • Older siblings
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  • If you weren’t practicing law, what career would you have pursued?

    A strength coach for a college team. I loved playing football and baseball when I was growing up. When my athletic career ended, I got more involved in daily strength training and worked as a personal trainer prior to my law career. The next step would have been to combine the two careers.

  • What has been a major life transition for you?

    Getting my first dog – a yellow Labrador Retriever named Bailey, or “Big B” for short. I never had a pet growing up, and I literally had no idea what I was getting myself into! What a ride we have had! Five years and countless walks later, I am so grateful to have found her. She has taught and shown me much more than I ever could have imagined, and has truly helped me grow as a person.

Education

  • Georgetown University Law Center, J.D.
  • Roanoke College, B.A.

Experience

  • Richard M. Rashid, et al. v. Georgette R. George, et al., 19-C-779 (Kanawha County W. Va., August 1, 2019). In a complex dispute involving numerous parties and multiple court proceedings, defended a group of closely-held businesses, its management, and its owners against claims of oppression, breach of fiduciary duty, tortious interference with contract, conspiracy, and employment discrimination. Obtained the successful resolution of the litigation.
  • New Age Care, LLC v. Juran, 71 Va. App. 407, 837 S.E.2d 64 (2020) (published). Successfully obtained affirmance of the circuit court’s opinion and judgment dismissing an appeal of a decision by the Virginia Board of Pharmacy awarding a pharmaceutical processor permit for the production and dispensation of cannabidiol and THC-A oils.
  • Thomas v. Carmeuse Lime & Stone Inc., et al., 642 F. App’x 253 (4th Cir. 2016). In a case involving limestone and surface rights, successfully appealed a critical ruling by the United States District Court for the Western District of Virginia holding a deed reservation void to the Court of Appeals for the Fourth Circuit, resulting in the reversal of the district court’s decision on the issue.
  • Knox Energy, LLC v. Gasco Drilling, Inc.738 F. App’x 122 (4th Cir. 2018). In a case involving a dispute over whether the parties mutually assented to a lucrative gas drilling contract, assisted in defending the district court’s ruling upholding a jury verdict for the defendant and denying the plaintiff’s motion for a new trial; the Fourth Circuit Court of Appeals affirmed the district court’s opinion in all respects.
  • Norfolk Southern Railroad Company v. City of Roanoke, Record No. 18-1060 (4th Cir. Feb. 15, 2019) (published). In a case where Norfolk Southern claimed that the City’s stormwater utility fee was an discriminatory tax under the Railroad and Revitalization and Regulatory Reform Act of 1976, assisted in defending the district court’s grant of summary judgment in favor of the City, finding that the stormwater utility fee was not subject to the Act.
  • New Age Care, LLC v. Juran and Dharma Pharmaceuticals, LLC, CL19-1094 (Henrico County, 2019). In an appeal under the Virginia Administrative Process Act, successfully defended a decision by the Virginia Board of Pharmacy awarding a pharmaceutical processor permit for the production and dispensation of cannabidiol and THC-A oils. Obtained dismissal of the appeal on the pleadings before the merits stage of the appeal.
  • Knox Operating, LLC v. CNX Gas Company LLC and CNX Resources Corporation,  CL 17-1439-00 and CL 17-1439-01 (Tazewell County, 2019). Defended a gas production company against claims of breach of contract, fraud, and business conspiracy by a maintenance contractor who claimed that a former employee of the gas company had hired it to service the company’s gas wells. Obtained the successful resolution of the litigation and successfully pursued third-party claims by the company against the former employee.
  • English Biomass Partners – Ferrum, LLC v. Ferum College, CL-160011380 (Franklin County); EBT, Inc., et al. v Ferrum College, Nos. CL 16-975-01, CL 16-976-01 (City of Lynchburg). Defended a College against claims and third-party claims by a vendor related to the purchase and sale of heat and electricity under an energy sales agreement. Successfully resolved the litigation.
  • Scarlet Scott v. Central Virginia Family Physicians, Inc.,et al. Record No. 160913 (June 1, 2017). In an appeal of a defense verdict, obtained a writ of review by the Supreme Court of Virginia regarding the trial court’s issuance of a mitigation of damages jury instruction and evidentiary rulings.
  • Norfolk Southern Railroad Company v. City of Roanoke,  7:16-cv-00176 (W.D. Va. Dec. 26, 2017). In a case where Norfolk Southern claimed that the City’s stormwater utility fee was an discriminatory tax under the Railroad and Revitalization and Regulatory Reform Act of 1976, obtained summary judgment in favor of the City, finding that the stormwater utility fee was not subject to the Act.
  • Brincefield v. Studdard, et al., 3:17-cv-718 (E.D. Va. 2017). In a shareholder derivative and ERISA action, defended individual corporate officers against claims of breach of fiduciary duty under Virginia corporate law and claims for violations of ERISA.
  • Turner v. Virginia Department of Medical Assistance Services, et al.230 F. Supp. 3d 498 (W.D. Va. 2017); Turner v. Va. Dep’t of Med. Assistance Servs., 310 F. Supp. 3d 637 (E.D. Va. 2018). In a case where the plaintiff alleged violations of the antitrust laws and tortious interference claims, obtained dismissal of the plaintiff’s complaint in two different forums on a motion to dismiss pursuant to Rule 12(b)(6).
  • Roanoke Lodging, LLC v. City of Roanoke, CL 15-2328, (City of Roanoke, September 18, 2018). In a case concerning a challenge to the City’s assessment of real property for real estate tax purposes, obtained a pre-trial ruling excluding two critical expert witnesses designated by the plaintiff.
  • Plum Creek Timberlands, L.P. v. Yellow Poplar Lumber Company, et al., 1:13-cv-00062 (W.D. Va. 2016). In a gas rights matter in southwest Virginia, represented the rights of individual property owners to the gas on their tracts.
  • Eagle Mining LLC v. Elkland Holdings LLC, 2:14-cv-27210 (S.D. W. Va. 2015). Successfully obtained judicial confirmation of a 23 million-dollar arbitration award in a complex coal mining case against a subsidiary of Peabody Energy Corporation.  Assisted in the related federal court litigation and a second arbitration that followed the arbitration award.
  • Moore v. General Sales of Virginia Inc., et al., CL11-15-01 (City of Roanoke, March 2016). Successfully defended a Roanoke-based company in action for breach of contract in Virginia Circuit Court.  Obtained summary judgment and the dismissal of a breach of contract claim based on the adequacy of notice provided pursuant to the contract, and later obtained final judgment for the company.
  • Hale v. CNX Gas Company, LLC, 1:10-cv-00059 (W.D. Va. 2017). In a coal bed methane class action, represented a company’s rights to coal bed methane in Southwest Virginia.

Affiliations

  • Member, Salem Family YMCA Board of Directors (October 2016 – October 2022; December 2023 – Present)
  • Member, Rescue Mission Ministries Board of Directors (January 2023 – Present)
  • Member, Virginia State Bar (2014-Present)
  • Member, Litigation Section, Virginia State Bar (2014-Present)
  • Saint Thomas Moore Society  (2013-Present)

Admissions

  • United States Court of Appeals for the Fourth Circuit
  • United States District Court for the Western District of Virginia
  • United States District Court for the Eastern District of Virginia

Awards

  • Noted on “Ones to Watch” list by Best Lawyers in America for Commercial Litigation, Antitrust Law, and Energy Law (2021-2024)
Scott Stephenson Fullbody Photo
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