Scott represents corporate and institutional clients in litigated matters pending in federal and state court. His primary areas of practice include tort litigation, products liability, and contract actions. Scott regularly represents railroads in defense of personal injury cases. He also has extensive experience as a mediator and arbitrator in civil matters.

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Scott A. Barbour

Managing Principal
barbour@mltw.com
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Phone: (518) 447-3313
Fax: (518) 867-4713

677 Broadway, #500
Albany, New York 12207

Scott A. Barbour, one of the firm's two managing principals, 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

Scott 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

Co-chair, ADR Committee of the Northern District of New York

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
  • Nesom v. Straney, 10-3426-CV (2nd Cir. 2011)
    The Court affirmed the granting of summary judgement to the plaintiff in an interpleader action on the effect of a prior divorce agreement on the designation of beneficiaries.
  • John Higgins v. Consolidated Rail, et al., 10-4516-CV (2nd Cir. 2011)
    The Court affirmed the lower court's judgement dismissing the plaintiff's claim at the conclusion of a jury trial.
  • 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.
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
Awards
  • Martindale-Hubbell - AV Rating (Preeminent)
  • Named a Super Lawyer in the 2007, 2008, 2009, 2010 and 2011 Upstate New York Editions of Super Lawyers magazine for Civil Litigation Defense.
Super Lawyers Scott A. Barbour
Martindale-Hubbell AV Preeminent
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