Scott R. Ast

Scott Ast

Contact Info


Assistant

Merry E. Morales


Practice Focus

Business & Commercial Litigation

Product Liability Litigation

Transportation Litigation

Employment Litigation


Education

J.D., with Dean’s Honors, Washburn University School of Law, 1994

B.A., with Honors, Kansas State University, 1990


Membership

Missouri Bar Association

Kansas Bar Association

National Fire Protection Association (NFPA)

Defense Research Institute (DRI)

The National Associate of Railroad Trial Counsel (NARTC)


Awards & Recognition

AV® Preeminent™ Peer Rating, Martindale-Hubbell

Best of the Bar, Kansas City Business Journal

Selected for inclusion in
Super Lawyers, Missouri and Kansas

Selected for inclusion in
Super Lawyers—Corporate Counsel Edition

Scott represents clients facing significant business risk and high exposure litigation including product liability claims, commercial litigation, FELA and the defense of wrongful discharge and discrimination actions.

He leverages his firsthand insight and business acumen to provide practical advice that puts each client’s business goals front and center. Over the years, he has gained first chair jury trial experience, participated in high-exposure personal injury and wrongful death claims, and represented clients in multiple bench trial and evidentiary hearings.

“The firm’s success is driven by superior client service. This focus has created a workplace culture of respect, civility and productivity.”

Scott’s experience includes multi-week trials of high exposure personal injury and wrongful death claims. Scott has acted as national counsel in the investigation and defense of claims involving fires, vehicular and equipment accidents, product failures and other events resulting in personal injuries and property damage. Likewise, Scott has successfully litigated commercial disputes involving mergers and acquisitions, lending transactions, trade secrets, and insurance coverage.

Results

  • Participated in numerous origin and cause investigations arising out of fires that resulted in millions of dollars in damage, catastrophic injuries and deaths. Actively managed fire scene and laboratory inspections. Assembled teams of investigators with varying expertise depending on the particular needs of each scene and laboratory investigation. Compelled those in charge of fire scenes and artifacts to comply with industry guidelines for fire and explosion investigations in order to prevent spoliation of evidence. Litigation has rarely been brought against the firm’s clients following these investigations.
  • Defended manufacturer’s transportation department and driver in personal injury and death claims arising out of collision on an interstate between tractor trailer and minivan. The representation included the trial of minor child’s claims for traumatic brain injury (TBI) resulting in significant permanent injury.
  • Successfully prosecuted claims of breach of contract and fraud on behalf of bank after it successfully foreclosed on collateral pledged by debtor which included a minority stake in a privately held family business. The majority owners had attempted to block the redemption of the stock at the fair and agreed value.
  • Navigated claims of trade secret misappropriation against manufacturer which had contracted with former employee of competitor, and avoided prolonged litigation
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  • Obtained voluntary dismissal after disclosure of experts in Texas product liability action arising from a house fire. Plaintiff’s expert admitted his opinion – that the cause of the fire was the client’s component part – was unsupported by the evidence.
  • Represented recreational boat component part manufacturer in wrongful death action tried out of state which arose from carbon monoxide poisonings allegedly caused by defects in design in which jury was asked to award over $200 million.
  • Achieved a unanimous defense verdict for manufacturer of exercise equipment in action involving allegations of design and manufacturing defects alleged to have caused the fire.
  • Defended product liability cases involving battery technologies such as lithium-ion, lead-acid and nickel–cadmium (NiCd) in which products were alleged causes of fires and acid burns.
  • Obtained a defense verdict for medical device manufacturer in jury trial in Kansas City, Missouri, against allegations of design and warnings defects leading to permanent injuries.
  • Achieved dismissal of tractor manufacturer in wrongful death claims allegedly caused by failure of equipment to include roll over protection system (ROPS).
  • Defended railroad contractor following crush injury and traumatic amputation of outside truck driver’s fingers when a freight container fell on him at the intermodal rail yard.
  • Extensive experience in product liability cases involving toxic exposures to acids, benzene, asbestos, carbon monoxide, heavy metals and other chemicals.
  • Recovered nearly all amounts claimed in breach of contract claim arising out of an asset sale in which the buyer failed to pay the agreed purchase price for the assets of a chemical manufacturer.
  • Obtained summary judgment in contract dispute between retail business owners arising out of a terminable-at-will royalty agreement.
  • Obtained temporary restraining order in Alabama on behalf of chemical manufacturer and against key employee of distributor who had taken a position with competitor. Resolved the litigation by agreement to prevent misappropriation of manufacturer’s trade secrets.
  • Obtained summary judgment in federal court for manufacturer sued by supplier alleging breach of a requirements contract for component parts and damages exceeding $1 million. Supplier previously purchased assets from bankruptcy estate and unsuccessfully claimed an executory contract with our client was acquired with the bankruptcy assets.
  • Represented conveyor manufacturer in $8 million contractual indemnity claim arising out of commercial loss at manufacturing facility. Majority of claims dismissed on summary judgment in federal court; remainder of case resolved for nominal sum.
  • Took over defense of insurer after the close of discovery in commercial litigation brought by finance company, and obtained a successful outcome during trial.
  • Defended manufacturer in Wisconsin case involving complicated fire origin and cause issues, a significant brain injury claim, and a dispute over successor liability with a co-defendant which had acquired certain assets from the manufacturer before the fire.
  • In claims exceeding $20 million arising out of a fire in New England which consumed a manufacturing and warehouse facility, successfully defended allegations the fire was caused by the spontaneous combustion of components sold by the firm’s client.

The choice of a lawyer is an important decision and should not be based solely upon advertisements. Past results afford no guarantee of future results. Every case is different and must be judged on its own merits.

1100 Walnut Street, Suite 1950
Kansas City, MO 64106-2197
P: 816.268.9400  F: 816.268.9409