J. Scott Sexton

Scott Sexton, Senior Litigation Partner, is always neck-deep in some large and complicated lawsuit. He is truly at home in the courtroom, and his work ethic is unsurpassed. His partners and clients value his creative energy, hard work, persistence and ability to communicate complicated issues in simple terms. Scott practices law with the fundamental belief that there are many paths to victory, and most are not obvious or easy. For him, “no” is not an answer, just an invitation to find another way - or try harder.

Scott’s cases include complex commercial litigation, products liability, toxic torts, significant property disputes, mineral cases, catastrophic injuries, mass torts, and multi-district litigation. He chairs the firm’s Mineral, Energy and Natural Resources section, has been recognized by his peers as a Leader in the Law for his role in developing the law in Virginia, is a charter member of the International Institute of Environmental, Energy and Natural Resources Law, a member of the Energy and Mineral Law Foundation, and a Senior fellow in the Litigation Counsel of America. Combining an understanding of business and industry with decades of experience in the law, Scott is known as an aggressive but fair advocate for his clients’ positions. He is frequently called on by his law partners and lawyers outside the firm for assistance and advice with challenging cases. And, he is consistently voted by his peers as a Virginia Super Lawyer, and ranked as one of Virginia’s Legal Elite and one of the Best Lawyers in America.

A quick handshake

•How do you describe your work as a trial lawyer?

It’s not work, because I love what I do. There is always a new challenge, but I particularly enjoy taking complicated facts and legal issues and presenting them to a judge or jury in a way that is true, understandable, interesting and compelling. It’s not as easy as it sounds.

•Do you have a life lesson you live by?

Tell the truth, and be respectful. Our choices have lasting consequences, so how you treat people matters I both to you and to them.

•Who is your role model?

As a lawyer and role model, St. Thomas More is the man: intelligent, respectful, loyal, and dedicated. He also proved that hardships often come with doing what you see as the right thing; so we should not expect our path to be easy I particularly if it is a principled path.

Experience

In 2010, Scott Sexton was named a “Leader in the Law” for his role as “Developer of the Law on Virginia Mineral Rights.” In addition to trial work in this area, his focus in this field has taken him to the Virginia Supreme Court on numerous occasions over the past decade. Scott also focuses on complicated tort matters including Products Liability, Catastrophic Injury, and Qui Tam Relator Whistleblower cases.

Energy Cases: Mineral, Energy, and Land Rights

•Obtained judgment for over $23 million against Peabody Energy Corporation subsidiary
•Represented coal owner interests in federal class action over competing property rights in coal bed methane
•Represented long-time property owners against claims that prior conveyances were invalid
•Represented surface property owner against aggressive claims by multi-national limestone producer
•Negotiated favorable resolution to complicated regulatory claims against contract miner in West Virginia
•Defended large gas company against multi-million dollar claims
•Represented southwest Virginia local governments in negotiations with the coal industry regarding severance taxes
•Obtained 75 million dollar settlement on behalf of mineral owners regarding claims of unauthorized dumping in old mine works
•Obtained largest jury verdict on record in the United States District Court for the Western District of Virginia on behalf of mineral owners regarding deductions from royalty
•Obtained summary judgment liability ruling that coal operator had no right to dump mine wastewater in mine works where plaintiffs owned coal
•Judicially overturned arbitration decision denying coal owner clients’ claims that coal operator had caused coal to become “lost or threatened” under terms of coal lease
•Obtained ruling by Virginia Supreme Court that coal company had no legal right to dump mine waste in old mine works
•Obtained ruling by Virginia Supreme Court that gas company could not block construction of a competing gas pipeline when CNX asserted that it had the “exclusive” right to construct pipelines under its gas lease with the 20,000 acre property owner
•Argued landmark decision at trial court and before the Virginia Supreme Court determining ownership of Coalbed Methane gas in Virginia
•Successfully defended manufacturer in defective pipeline case
•Successfully defended gas production company’s property interests in gas storage facility
•Represented numerous parties in various disputes involving Joint Operating Agreements
•Successfully defended gas transportation company in claims related to contract for construction of pipeline
•Successfully defended gas distribution company in claims related to gas explosion
•Successfully obtained reversal of temporary injunction issued against gas production company related to construction of and access to pipeline facility
•Represented gas production company in anti-trust and business conspiracy case against competitor
•Represented mineral owners before Virginia Gas and Oil Board
•Represented gas production company before Virginia Gas and Oil Board
•Successfully defended mineral owners against claim by others alleging competing title to coalbed methane gas and royalties
•Represented mineral owners in claims for over-deduction from royalties (ongoing)
•Represented gas production company in claims by injured pipeline worker
•Represented former shareholder in gas production company regarding dispute over payments due under buy-out
•Represented gas production company in dispute with another mineral leaseholder on large tract of gas producing property
•Represented holder of 27,000 acres of mineral interests in dispute arising out of alleged damage to its minerals
•Represented holder of 12,000 acres of mineral interests in dispute arising out of alleged damage to its minerals
•Advised large gas production company in dispute over joint operating agreement and related rights
•Successfully represented vendor of supplies and services in connection with claims for unpaid invoices against a large national pipeline construction contractor, obtaining payment
•Defended gas production and distribution company against claims by pipeline construction company, successfully obtaining jury verdict on counterclaim
•Successfully defended large gas production company against claims by coal operator related to construction and operation of a gas transportation pipeline
•Successfully resolved claims against former shareholder of large coal company arising out of stock redemption
•Represented parties opposed to permit sought to allow large coal operator to discharge waste mine water into mines and local waterway
•Represented gas production company in connection with issues related to conflicts with coal operators under Virginia Gas and Oil Act
•Represented various parties in connection with numerous issues related to mineral leases and deeds

Commercial Litigation

•Represented numerous parties in complicated shareholder lawsuits with closely held businesses
•Successfully defended executives accused of business torts in high profile bankruptcy proceeding
•Obtained jury verdict in favor of client accused of breach of fiduciary duty, interference with contract, and other business torts. Jury granted judgment on counterclaim in favor of client for conversion
•Successfully represented real estate developer in enforcing contract for purchase of resort acreage where final contract had not yet been fully executed
•Obtained jury verdict in favor of seller of large farm in Shenandoah Valley
•Successfully resolved litigation asserting claims against purchaser of $275 million real estate portfolio
•Successfully represented national bank on claims against former shareholder/director for fraud
•Successfully represented minority shareholders in shareholder derivative lawsuit
•Represented trademark holder against infringer, obtaining judgment for damages associated with pirated products
•Represented numerous parties in D&O Claims arising out of corporate governance
•Represented minority shareholder in claims against majority shareholder who had allegedly diluted stock
•Represented Officer, Director and former Shareholder in claims by bankrupt corporation
•Represented Trust beneficiary in claims against trustees of large estate
•Represented numerous parties in estate litigation

Catastrophic Injury and Complex Tort Litigation

•Successful representation for qui tam whistleblower case against Duke University alleging research grant fraud resulting in $112.5 million settlement, the largest in U.S. history
•Lead trial counsel for Rolling Stone magazine in defamation case regarding UVA false rape claim, Eramo v. Rolling Stone
•Successfully represented many clients in claims arising from contaminated steroid injections
•Obtained jury verdict in favor of client in complicated construction case
•Negotiated global settlement on behalf of Virginia injured parties in Multi-District Litigation case

Awards

•Named one of Virginia’s Go To Lawyers in the area of Business Litigation by Virginia Lawyers Weekly (2023)
•Named a Virginia Leader in the Law by Virginia Lawyers Weekly (2010)
•Named one of The Best Lawyers in America in the fields of Commercial Litigation (2008-2026) and Oil & Gas Law (2009-2021), also listed in Best Lawyers in America - Business Edition (2016)
•Named to Virginia Super Lawyers in the area of Business Litigation (2007-2025), included in Super Lawyers Corporate Counsel edition (2010) and Super Lawyers Business Edition US in the area of Business Litigation (2012-2014)
•Named a “Legal Eagle” for Commercial Litigation and Oil & Gas Law by Virginia Living magazine (2012)
•Designated as one of the Legal Elite in the field of Civil Litigation (2008-2010, 2012-2015, 2019-2020, 2022-2025), Intellectual Property (2003-06), and Commercial Litigation (2021) by Virginia Business magazine

Library

•31 Gentry Locke Attorneys Recognized in Best Lawyers 2026 Lists
News
Aug 2025
•20 Gentry Locke Attorneys Recognized in 2025 Virginia Super Lawyers Lists
News
May 2025
•29 Gentry Locke Attorneys Named to 2024 Virginia Business Legal Elite List
News
Dec 2024
•35 Gentry Locke Attorneys Recognized in Best Lawyers 2025 Lists
News
Aug 2024
•18 Gentry Locke Attorneys Recognized in 2024 Virginia Super Lawyers Lists
News
Apr 2024
•Planning for Success: Jury Instructions in Civil Cases
Articles
Apr 2024
•23 Gentry Locke Attorneys Named to 2023 Virginia Business Legal Elite List
News
Nov 2023
•30 Gentry Locke Attorneys Recognized in Best Lawyers 2024 Lists
News
Aug 2023
•17 Gentry Locke Attorneys Recognized in 2023 Virginia Super Lawyers Lists
News
Apr 2023
•Twenty Gentry Locke Attorneys Named to 2022 Legal Elite List
News
Dec 2022
•Super Lawyers 2022 Recognizes 17 Gentry Locke Lawyers
News
May 2022
•2023 Gentry Locke Seminars
Events
May 2022
•Super Lawyers and Rising Stars Recognizes 18 Lawyers on 2021 Lists
News
May 2021
•Twenty Gentry Locke Attorneys Named to Legal Elite List
News
Dec 2020
•22 Gentry Locke Attorneys Recognized in The Best Lawyers in America 2021
News
Aug 2020
•20 Gentry Locke Lawyers Named as Super Lawyers and Rising Stars
News
Apr 2020
•21 Gentry Locke Attorneys Recognized in The Best Lawyers in America
News
Aug 2019
•25 Gentry Locke attorneys named 2019 Virginia Super Lawyers or Rising Stars
News
Apr 2019
•Gentry Locke Announces $112.5 Million Settlement in Landmark FCA case against Duke University
News
Apr 2019
•20 Gentry Locke Attorneys Named to 2019 'Best Lawyers in America '
News
Aug 2018
•27 Gentry Locke Attorneys Named 2018 Virginia Super Lawyers or Rising Stars
News
Apr 2018
•21 Gentry Locke Attorneys Named to 2018 Best Lawyers in America
News
Aug 2017
•28 Gentry Locke Attorneys Named 2017 Virginia Super Lawyers or Rising Stars
News
Apr 2017
•Twenty-Two Gentry Locke Attorneys Named to 'The Best Lawyers in America'
News
Oct 2016
•Twenty-six Gentry Locke Attorneys Named '2016 Virginia Super Lawyers'
News
Apr 2016
•Fourteen Gentry Locke Attorneys Named to “Best Lawyers in America Business Edition/Winter 2016” by Best Lawyers
News
Jan 2016
•Ten Gentry Locke Attorneys are 2015 'Legal Elite' by Virginia Business Magazine
News
Dec 2015
•23 Gentry Locke Attorneys Named to 2016 “Best Lawyers in America”
News
Aug 2015
•28 Gentry Locke Attorneys Named 2015 Virginia Super Lawyers
News
Apr 2015
•Nine Gentry Locke Attorneys Recognized as '2014 Legal Elite' in Virginia
News
Dec 2014
•13 Gentry Locke Attorneys Featured in '2014 Super Lawyers' US Business Edition
News
Nov 2014
•Twenty-One Gentry Locke Attorneys Earn Best Lawyers Designations and One Lawyer of the Year
News
Aug 2014
•27 Gentry Locke Attorneys Named to Lists of 2014 Virginia Super Lawyers and Rising Stars
News
Jun 2014
•Gentry Locke Attorneys Named to '2013 Legal Elite'
News
Nov 2013
•Thirteen Gentry Locke Attorneys Named to 'Super Lawyers Business Edition US'
News
Nov 2013
•Meningitis Update: Compounding Industry in the News, Attorney Sexton Interviewed
News
Aug 2013
•Twenty-two Attorneys named to 2014 Best Lawyers in America list; Firm Ranked in Tier 1 for Best Law Firms
News
Aug 2013
•Twenty-five Gentry Locke Attorneys Named to 'Virginia Super Lawyers' for 2013
News
Jun 2013
•Fungal Meningitis Once Again in the News
News
Jun 2013
•Gentry Locke Attorneys Uncover Billing Discrepancy in Meningitis Cases, File $25-Million Lawsuit
News
Dec 2012
•Fungal Meningitis/Tainted Injection Update - in the news
News
Dec 2012
•Tainted Epidural Steroid Injection Update
News
Oct 2012
•Fungal Meningitis Update
News
Oct 2012
•Super Lawyers Business Edition US Lists Thirteen Gentry Locke Attorneys
News
Sep 2012
•Twenty-four Gentry Locke Attorneys Named 'Best Lawyers'
News
Sep 2012
•Twenty-four Gentry Locke Attorneys Named to 'Virginia Super Lawyers' for 2012
News
Jun 2012
•Gentry Locke Attorneys Listed in 37 'Legal Eagle' Categories
News
Apr 2012
•Twelve Gentry Locke Lawyers Named to 2012 Virginia Legal Elite
News
Dec 2011
•Gentry Locke Partner Scott Sexton Designated a Statewide 'Leader in the Law'
News
Oct 2010
•$75 Million Settlement Reached in Landmark Environmental Property Case
News
Jun 2010
•Antitrust, Copyright and Business Tort Basics in Virginia
Articles
Dec 2004
•Gentry Locke Lawyers Named to 2004 Virginia Legal Elite
News
Dec 2004

Trial Lawyer Honorary Society, Litigation Counsel of America