Scott Jennette

Profile

A litigator for 30 years, Scott develops winning defense strategies with thorough investigation and preparation. He concentrates on the areas of complex products liability, hazardous substance litigation, and catastrophic personal injury.              

Given the highly technical nature of his practice, Scott is dedicated to mastering the science and medicine in each case. He teams with his clients and experts to chart a course that leads to successful results. Over his career, he has represented a number of mechanical and chemical product manufacturers and suppliers in personal injury and property damage (fire) matters, involving petroleum solvents (benzene), products and equipment containing hazardous substances (chromium VI, asbestos), microelectronic chemical products (photoresists), trucks, trailers, pharmaceuticals, material handling equipment, steel mill systems, industrial labeling machines, coal ash conveyance equipment, food and beverage packaging, pavement profilers, construction equipment, chemical cleaning equipment, lawnmowers, shredders, storage systems, school bus equipment, pneumatic saws, water pumps, vertical drilling tools, gas clothes dryers, consumer paints, printing and photographic development products, consumer electronic products, and sulfuric acid drain openers, among many others.  

Scott and his wife, Theresa, have two sons and live in Pittsford, NY.  In his spare time, Scott enjoys golfing and skiing.

Representative Experience

  • Serving as Statewide and Nationwide Trial Counsel for corporations in asbestos products litigation.
  • Successfully trying to verdict a claim of bad faith on behalf of an excess insurer against a primary insurer. See Quincy Mut. Fire Ins. Co. v. New York Cent. Mut. Fire Ins. Co., 89 F. Supp. 3d 291 (N.D.N.Y. 2014).
  • Successfully defending a New York public utility in a six-week trial involving an alleged $20 million fire loss caused by an electrical fault in 12kV pad-mounted switchgear.
  • Obtaining summary judgment on behalf of a Fortune 500 company sued for products liability by an x-ray technician alleging that his lung cancer was caused by long-term use of a cleaning product containing sodium dichromate. The court ruled that plaintiff’s experts’ opinions on general and specific causation were unreliable. [Barbaro v. Eastman Kodak Co., 26 Misc.3d 1224(A), 2010 WL 597204 (Nassau Co. N.Y. Sup. Ct. Jan. 28, 2010 (NO. 13400/07)].
  • Obtaining summary judgment on behalf of a Fortune 500 chemical company sued for products liability by a worker alleging that his leukemia was caused by his use of pure benzene. [Nelson v. Ashland Oil, Inc., 375 Fed. Appx. 74 (2d Cir. 2010)].
  • Defending several chemical manufacturers and suppliers in the first mass tort litigation arising from alleged chemical exposures to cleanroom workers in the manufacture of computer chips and related products. These cases, which achieved national media attention, involved claims of multiple forms of cancer and birth defects and alleged exposures to solvents, alcohols, and acids. On behalf of all defendants, Scott briefed and argued the appeal that caused the dismissal of the claims of 76 plaintiffs in 12 related actions on the basis of New York’s novel statute of limitations provisions for toxic exposure actions. [Bass, et al. v. Union Carbide Corp., et al., 22 A.D.3d 618 (2d Dept. 2005)].

Credentials

Education

  • University of Dayton, J.D., 1988
    – Research Editor, University of Dayton Law Review
  • Allegheny College, B.A., 1985
    – Alden Scholar with Distinction; National Dean’s List

Admissions to Practice

  • New York
  • Massachusetts (inactive)
  • Ohio (inactive)
  • U.S. Court of Appeals, Second Circuit
  • U.S. District Courts of New York (Western, Southern, Northern)

Activities

  • New York State Bar Association
  • Monroe County Bar Association
  • Defense Research Institute
  • National Institute for Trial Advocacy, Southeast Region

Presentations & PUBLICATIONS

  • "1st Annual Bad Faith Litigation Strategies." ExecuSummit Conference, Fall 2014.
  • “Chapter XII: Evidentiary Issues Unique to New York Products Liability Litigation.” Products Liability in New York—Strategy and Practice, New York State Bar Association, 2d Ed., 2012.
  • "Hydraulic Fracturing." New Industrial Toxins Litigation Conference, December 2012, Marina del Rey, CA.
  • “Choosing Daubert-Friendly Experts in the Context of Hazardous Substance Litigation.” The Testifying Expert, vol. 8, no. 2, Feb. 2000.
  • “Attacking the Plaintiff’s Hazardous Substance Expert in the Post-Kuhmo Era.” In the Defense (D.R.I.), May 1999.
  • "Attacking Plaintiff’s Expert After Daubert." New York State Bar Association Seminar, 1997.
  • “Chapter XIV: Evidentiary Issues Unique to New York Products Liability Litigation.” Product Liability in New York—Strategy and Practice, New York State Bar Association, 1st Ed., 1997. (Co-Author)
  • "Product Liability - Post-Daubert." New York State Bar Association Annual Convention, 1994.
  • “Forfeiture of Attorney’s Fees Under RICO; An Affront to a Defendant’s Right to Counsel and to a Fair Trial.” Univ. of Dayton L. Rev., 1987.

Recognition

  • Selected to The Best Lawyers in America©, 2013-2018
    – Personal Injury Litigation – Defendants
    – Product Liability Litigation – Defendants (2018 "Lawyer of the Year" Rochester, NY)
  • Selected to New York Super Lawyers®, 2010-2019
    – Products Liability: Defense
  • Martindale-Hubbell AV Preeminent®

Community

  • Pittsford Mustangs Soccer Club
    – Coach, 2000-2017
  • Legal Aid Society of Rochester
    – Past Board Member
  • Main West Attorneys at Law
    – Past Vice President of the Board

Testimonials

  • "Ward Greenberg has tremendous expertise with products liability and personal injury defense. The firm is extremely responsive to the needs of its clients and delivers impeccable results. I would strongly recommend attorney Scott Jennette who is not only well versed in legal research and brief writing, but is also an impressive trial attorney. Scott can be counted upon to formulate an effective strategy in the matters he handles. He has exceptional research and writing skills, delivers compelling legal arguments, and is an outstanding negotiator and trial attorney. Scott and the firm have met all of our expectations."
    Anonymous, U.S. News — Best Lawyers® "Best Law Firms"

  • "I have had the pleasure of collaborating with Scott Jennette at Ward Greenberg Heller & Reidy's New York office over the years on a number of insurance defense matters. He offers a plethora of experience, resources, and knowledge not only in the law, but also in the recognition and retention of the appropriate experts required to prove the case. I have found Scott to be dedicated and hard-working and can be counted upon to promptly respond to every form of communication directed to him."
    – Anonymous, U.S. News — Best Lawyers® "Best Law Firms"

  • "I have worked with Scott Jennette of Ward Greenberg Heller & Reidy since 2003 on catastrophic, complex med mal claims. He is at the top of my list of go-to lawyers. He is extremely knowledgeable, an excellent organizer and able to master details of cases while still maintaining a comprehensive, goal-oriented, high-level view of what needs to be done, where we need to go and in what time frame. I would highly recommend Scott and his associates without reservation."
    – Barbara DeCesare

  • "Scott Jennette of Ward Greenberg is one of the best lawyers I've worked with on all matters of litigation. He combines exceptional expertise in both issues of law and trial strategy and style, so that you want him to be your motion practice lawyer and your trial lawyer. Beyond that, he always keeps the end in mind and considers the economics, turning to alternative dispute resolution strategies where appropriate. He has great vision in cases, which assures that nothing is overlooked, and forges an effective and efficient path from beginning to end. He is persuasive and articulate and uses these skills to resolve and conclude matters in a manner most beneficial to his clients. His expertise in products liability is only the tip of the iceberg. There is not a case he cannot navigate expertly. I've said it before, and I'll say it again, if I could clone Scott Jennette and use him on every case, I would!"
    Anonymous, U.S. News — Best Lawyers® "Best Law Firms"

  • "My involvement over time, primarily, has been with Scott Jennette. I cannot overstate how positively impressed I have been with him. His commitment to meeting my company's needs and focus on treating our resources as their own truly are exceptional. I have practiced law for more than 25 years with some of the best legal counsel in the world. Overall, Scott takes a back seat to nobody in terms of his ability to be responsive to my company's needs and accomplishing his litigation goals. WGHR has consistently gone above and beyond. They definitely get an enthusiastic "thumbs up" in terms of my recommendation to anyone seeking qualified and committed counsel in this subject area."
    – Jay Barnes, Pactiv Corp.