Scott A. Barbour
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Phone: (518) 447-3313
Fax: (518) 426-4260
677 Broadway, P.O. Box 459
Albany, New York 12201-0459
Scott A. Barbour, Chair of the firm's Litigation Department, joined the firm in 1984 and has been a principal since 1991. He concentrates his practice in representing corporate and institutional clients involved in various types of civil and commercial litigation, including railroad, products liability, and contract litigation. He also has extensive experience as a mediator and arbitrator in civil matters.
Mr. Barbour has extensive trial and appellate experience in both the federal and state courts throughout New York with a particular emphasis on matters pending in federal courts. He is admitted to practice before the courts of the State of New York, the United States District Court for the Northern and Western Districts of New York, the United States Court of Appeals for the Second Circuit, and the United States Supreme Court.
Education
J.D., cum laude, Syracuse University College of Law, 1984
B.S., magna cum laude, Syracuse University, S.I. Newhouse School of Public Communication, 1981
Professional Associations and Community Involvement
Capital District Trial Lawyers Association
Board Member
Federal Court Bar Association ADR Committee
National Association of Railroad Trial Counsel
New York State Bar Committee on Federal Practice
United States District Court, Northern District of New York,
Mediator
Significant Cases
- Jason Haas v. Delaware & Hudson Railway, 2008 U.S. App. Lexis 13417 (2nd Cir. 2008)
The court affirmed the granting of summary judgment in favor of the defendant railroad due to plaintiff's failure to produce evidence that defendant failed to exercise reasonable care and plaintiff's failure to offer proof of actual or constructive notice of the defective condition. - Peter Miller v. Consolidated Rail, 41 A.D. 3d 948 (3rd Dept. 2007), affd. 9 N.Y. 3d 973 (Ct. App. 2007)
The court affirmed the granting of summary judgment to a landowner by the Appellate Division (41 A.D. 3d 948) holding that the landowner was under no duty to provide emergency lighting during a power outage. - William Mix v. Delaware & Hudson Railway, 2006 U.S. App. Lexis 2585 (2nd Cir. 2006)
The court affirmed the granting of summary judgment to defendant railroad as plaintiff's claim was barred by the Statute of Limitations due to plaintiff's failure to offer evidence that the alleged hearing loss injury was merely temporary in nature and became permanent during the three-year period preceding the commencement of the suit. - Thomas Pado v. Delaware & Hudson Railway, 2005 U.S. App. Lexis 25430 (2nd Cir 2005)
The court affirmed a verdict in favor of the defendant railroad finding sufficient proof to support the jury's verdict and affirming the exclusion of certain photographs during trial as cumulative and having little relevance.
Lecturer/Panelist
- Frequent lecturer at continuing legal education courses sponsored by the New York State Bar Association on all aspects of civil litigation.
- Federal Practice Issues in the 21st Century
- Taking and Defending Effective Depositions in New York
- Federal Civil Practice--Practice Tips for the Occasional Visitor
- Motion practice in the Northern District of New York
- Adjunct professor, paralegal program, Evening Division of Russell Sage College
Awards
- Named a Super Lawyer in the 2007 and 2008 Corporate Counsel Upstate New York Editions of Super Lawyer magazine for civil litigation defense practice area.