SCOTT L. GILMORE has specialized as a trial attorney for more than 40 years, with specific expertise in general business, real estate, construction, closely-held corporation and partnership litigation. Mr. Gilmore has extensive experience in trying both jury and non- jury cases in state and federal courts.
For more than 15 years, Mr. Gilmore has also served as a privately retained mediator and has successfully mediated hundreds of litigated disputes.
Mr. Gilmore graduated magna cum laude from the Marshall School of Business at the University of Southern California. He then received both his Masters in Business Administration and his Juris Doctorate degree from the University of Southern California.
Mr. Gilmore has an “AV” Peer Review rating by Martindale Hubbell, the highest rating available.
Since joining Hill, Farrer & Burrill LLP upon his graduation from law school in 1978, SCOTT L. GILMORE has specialized in trial work on behalf of both plaintiffs and defendants, with specific expertise in breach of contract, real estate, construction, product liability, corporate governance and partnership litigation. Over the more than thirty five years of his practice Mr. Gilmore has represented clients ranging from individual entrepreneurs to Fortune 500 companies. Mr. Gilmore has represented a wide range of clients, including real estate developers, home builders, hotel operators, insurance agencies, retail operations, manufacturers of products ranging from traffic paint to heavy equipment, contractors in the fields of general construction, structural steel, mechanical systems, painting, drywall and plumbing, architects, soils engineers, beverage distillers and distributors, and various types of service providers. Mr. Gilmore has extensive experience in trying both jury and nonjury cases in state and federal courts, and has also represented parties in numerous arbitration matters.
In addition to his litigation practice, since 2003 Mr. Gilmore has offered his services as a privately retained mediator to assist other attorneys and their clients in resolving their litigated matters. In support of his practice as a mediator, Mr. Gilmore has completed more than 120 hours of mediation training through the both prestigious Straus Institute for Dispute Resolution at Pepperdine University and affiliated organizations. Since 2003 Mr. Gilmore has successfully mediated hundreds of matters. Mr. Gilmore graduated magna cum laude from the Marshall School of Business at the University of Southern California School. He then received both his M BA and his JD from the University of Southern California in 1978. Mr. Gilmore holds an AV Peer Review Rating from Martindale-Hubbell. Mr. Gilmore’s professional affiliations include membership in the Los Angeles County Bar Association and the American Bar Association, in which he is a member of the litigation section of both associations. He is also a member of the Association of Business Trial Lawyers of the Los Angeles County Bar Association. Mr. Gilmore’s professional mediation affiliations include membership in the Southern California Mediation Association and the Dispute Resolution Section of the American Bar Association. Mr. Gilmore previously served as a member of the Los Angeles County Superior Court Panel of Mediators. Mr. Gilmore serves as a member of the Board of Elders at SeaCoast Grace Church in Cypress and the Board of Directors of Precious Lamb Preschool in Long Beach. Mr. Gilmore is also a member of the Board of Trustees of the Long Beach Memorial Medical Center.
Mr. Gilmore previously served as the Chairman of USC Marshall Partners, the premier academic support group for both the Marshall School of Business and the Leventhal School of Accounting at the University of Southern California. Mr. Gilmore also previously served as a member of the Board of Governors of the University of Southern California General Alumni Association.
Successful Defense of Claim of Breach of Lease by National Shopping Mall Owner
Represented a manufacturer of illuminated advertising display units placed in large shopping malls against claims by a nationwide shopping center owner that the client had breached the lease whereby by these units had been installed in more than thirty shopping malls throughout the United States. A determination that the lease had been breached and that all of the units should be removed from the shopping centers would have resulted in a loss of more than $15 million to the client. Following a two week trial, the Court determined that there was no basis for the claim of breach of lease and awarded the client its attorney fees and costs – in excess of $350,000 – incurred in defending against the claim.
Construction Litigation – Claim for Delay Damages
Represented a structural steel fabrication and erection company in a claim for extra contractual damages resulting from lengthy delays in the construction of a power plant in the California Central Valley. Following a lengthy trial, the jury awarded the client damages in excess of $2,000,000.
Successful Defense of Claim for Alleged Manufacturing Defect
Represented a manufacture of cast iron pipes against a claim that one of its pipes was defective, had failed during the testing of a fire suppression system and caused in excess of $400,000 in damages to a furniture store. Following a one month trial, the Court determined that the pipe failure resulted from impact damage to the pipe at the time of installation and not from any defect in the pipe as manufactured.
Partnership Dispute Litigation
Represented the managing partner of a thoroughbred race horse development partnership against claims by the other partners that the partnership had been mismanaged and that the managing partner should pay damages to the partnership. Following a five day court trial, the judge determined that there was no merit to the claims against the managing partner and awarded him the attorneys’ fees he had in incurred in defending himself against those claims.
Attorney’s Fee Dispute
Represented a client against claims by his prior attorney that, in addition to an hourly fee which was fully paid during the course of prior litigation, the attorney was entitled to a bonus in excess of $350,000 based upon the outcome of that litigation. The jury determined at the conclusion of trial that the claim had no merit.
Successful Defense of Personal Injury Claim Based Upon Alleged Manufacturing Defect
Represented a manufacturer of conveyor systems against claims that a component of one of those systems — a gate that could be raised in order to walk through the conveyor line – had failed to stay upright as intended, fallen on the head of an employee and caused bodily injury to that employee. Following a three week trial, the jury determined that the conveyor system was not defectively manufactured and could not have caused the alleged injury.
Partnership Liability Action
Represented a limited partner against claims that he had overstepped his role in a limited partnership such that he had become personally responsible for the partnership debts. Following a one week trial the jury determined that the client has no such liability.
Construction Litigation – Claim for Delay Damages
Represented a general contractor in a claim for extra time charges resulting from delays beyond the control of the contractor on a project in the Port of Los Angeles, resulting in a jury verdict awarding the contractor the additional compensation due and, under the terms of the contract between the parties, the attorneys’ fees incurred in prosecuting the claim.
Successful Settlement of Personal Injury Claim Based Upon Alleged Manufacturing Defect
Represented a manufacturer of large diameter PVC pipe against claims that, during the testing of a system in which the pipe had been installed, the pipe exploded and caused serious injury to the worker performing the test. Following discovery in the case and a settlement process which included an advisory jury which hearing the positions of all parties and giving an advisory opinion, the matter was favorably settled.
Construction Defect Litigation
On multiple occasions represented a manufacturer of cast iron pipes and fittings in construction defect litigation regarding various residential high rise units in San Diego, resulting in a favorable settlement for the client in each matter.
Construction – Settlement of Claims for Final Payment and Extra Contractual Damages
Prosecuted numerous claims for final payments and/or extra-contract payments due on behalf of both contractors and subcontractors on construction projects, including foreclosure of mechanic’s liens, all resulting in favorable settlements on behalf of those clients.