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John A. Scully

Shareholder


Office: Dallas
Phone: 214.712.9503
Fax: 214.712.9540
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John A. Scully

John is a founding shareholder of Cooper & Scully. A highly skilled and experienced trial lawyer, John's hallmark is his dedication to client satisfaction.

John is board certified in both Civil Trial Law and Personal Injury Trial Law by the Texas Board of Legal Specialization. In addition, John is Board Certified by the American Board of Professional Liability Attorneys. He has been elected to the American Board of Trial Advocates (ABOTA), and was recognized from 2009-2010 by the legal directory Chambers USA - America's Leading Lawyers for Business.

According to Chambers USA, John is "'sharp-witted with a great track record nationwide.'" Chambers further found that "clients hail him as 'an amazing litigator' whose courtroom skill manifests itself as 'brilliance at work.' 'Extremely keen-minded and creative.'" Chambers also found that John is "an outstanding practitioner whom you can rely on to achieve good results, even in the trickiest of cases. Praised as 'a clued-up guy who is always able to assess a situation and choose the best way to resolve matters."

John has been selected to D Magazine’s Best Lawyers in Dallas (2015-2016). John is AV Preeminent Peer Review rated by Martindale-Hubbell and has been featured in the Texas Super Lawyers® list by Thomson Reuters Legal from 2003-2016.

John is routinely retained to try high-dollar exposure cases in the areas of business litigation, catastrophic injury and wrongful death and professional liability. His professional liability practice includes representation of hospitals and other health care providers, attorneys, law firms and other professionals. John has served as national trial counsel on birth and catastrophic injury litigation for numerous hospital systems and insurance carriers, and as national coordinating counsel for one of the nation’s largest health care organizations.

Over the past 30 years, John has developed a diverse civil trial practice involving an array of industries, including health care, insurance, real estate, construction, oil and gas, financial and pharmaceuticals. He has represented a variety of clients ranging from Fortune 500 companies to governmental entities in complex commercial litigation, personal injury lawsuits, class actions, administrative proceedings and investigations. John has tried and managed lawsuits in state and federal courts throughout Texas and numerous other states.

John and his wife, Karen, have three children.  While John has always been a sports fanatic, his support of his children's activities led to his passionate involvement in coaching youth sports. John served as head football coach of the Parish Episcopal 7th/8th grade team for many years, and as assistant football coach of the school's high school team since 2009. John also serves on Parish's Board of Trustees and served as Chair of the Board of Visitors for his undergraduate alma mater DePauw University.

 

Admitted

Texas, 1982
Oklahoma, 2014
Montana, 2016
U.S. Supreme Court, 1994
U.S. Court of Appeals 5th Circuit, 1989
U.S. District Court Eastern District of Texas, 1983
U.S. District Court Northern District of Texas, 1983
U.S. District Court Southern District of Texas, 1983
U.S. District Court Western District of Texas, 2010
U.S. District Court Eastern District of Oklahoma, 2010

 

Education

J.D., Southern Methodist University School of Law, 1982
B.A., DePauw University, 1979

 

Honors

Board Certified in Civil Trial Law by the Texas Board of Legal Specialization
Board Certified in Personal Injury Trial Law by the Board of Legal Specialization
Board Certified by the American Board of Professional Liability Attorneys
Elected to the American Board of Trial Advocates (“ABOTA”)
Selected to D Magazine's Best Lawyers in Dallas 2015-2016 - Tort Product and Medical Liability Litigation
Chambers USA, America's Leading Lawyers for Business, Healthcare (2009-2010)
Texas Super Lawyers® list, Thomson Reuters Legal (2003 - 2016)
SMU Law Review-Southwestern Law Journal, 1981 – 1982
Speaker at the American Leadership Academy in Cabo San Lucas from 2008-2016
AV Preeminent rated by Martindale Hubbell (the highest possible rating in both legal ability and ethical standards) consistently since 1989
 

Affiliations

Chair, Board of Visitors, DePauw University, August 2012 - May 2015
Board of Trustees, Parish Episcopal School, May 2009 – present
Vice-Chair, Board of Trustees, Parish Episcopal School, May 2010 – 2011
Chair, Audit and Legal Committee, Board of Trustees, Parish Episcopal School,
   May 2011 – 2015
Head Football Coach, Parish Episcopal School 7th/8th Grade Team,
   August 2009 – November 2016
Assistant Football Coach, Parish Episcopal School High School Varsity Team,
   August 2009 – present (State Championships - 2010 and 2014)
Head Basketball Coach, Parish Episcopal School, 7th/8th grade team,
   October 2005 – 2012
Chairman of Board of Directors, Epilepsy Foundation of Texas,
   January 2007 – 2009
President, Epilepsy Foundation of Texas-Dallas/Ft. Worth, January 2007 – 2009
American Bar Association
   -Tort and Insurance Practice Section
   -Litigation Section
State Bar of Texas
   -Litigation Section
   -Health Law Section
Dallas Bar Association
   -Business Litigation Section
International Association of Defense Counsel
Fifth Federal Circuit Bar Association
Life Fellow, Dallas Bar Association
Life Fellow, Texas Bar Foundation
Fellow, American Board of Trial Advocates Foundation

 

Presentations/Publications

Speaker, "Preparing and Presenting Your Witnesses: A Focus on Medical Experts and Depositions," American Conference Institute's 13th Annual Advanced Forum on Obstetric Malpractice Claims, June 2014, Philadelphia, PA

Speaker, "How to Pick the Right Jury for Your Case,"  21st Annual Construction Law Symposium, sponsored by Cooper & Scully, P.C., January, 2014, Dallas, Texas

Speaker, "The New Age of Professional Service Advertising: Tweeting, Blogging, and Other Social Media Tools," Professional Liability Series 7th Annual E & O Insurance ExecuSummit, June 2013, Hartford, Connecticut

Speaker, "Trying the Coverage/ Bad Faith Case to the Generation X and Y Jury,"  20th Annual Insurance Law Symposium, sponsored by Cooper & Scully, P.C., April, 2013, Dallas, Texas

Speaker, "Keeping it Interesting for the Jury,"  8th Annual Construction Law Symposium, sponsored by Cooper & Scully, P.C., January, 2013, Dallas, Texas

Speaker, Boston University School of Medicine’s 25th Annual Conference on Obstetrics, Gynecology, Perinatal Medicine, Neonatology & The Law, and 9th Annual Conference Multi-Specialty Conference on Medical Negligence & Risk Management in Medicine, Surgery, Emergency Medicine, Radiology, Psychiatry and Family Medicine, January 2009, Panama City, Panama 

Speaker, “Medicolegal Pearls for Practicing Obstetricians”, American College of Osteopathic Obstetricians & Gynecologists’ 2009 Fall Conference, October 2009, Fort Worth, Texas

Speaker, “Structured Settlements”, The State Bar of Texas’ Evaluating, Negotiating, Proving, and Collecting Damages and Attorneys’ Fees, January 2009, Dallas, TX 

Speaker, Boston University School of Medicine’s 23rd Annual Conference on Obstetrics, Gynecology, Perinatal Medicine, Neonatology & The Law, and 7th Annual Conference on Medical Negligence & Risk Management in Medicine, Surgery, Emergency Medicine, Radiology & Neurosurgery, January 2007, Riviera Maya, Mexico 

Speaker, “The Birth Injury Case”, Defense Research Institute’s Medical Liability Seminar, March 2006, Phoenix, Arizona 

Speaker, “Defending the Managed Care Case”, The Advanced Forum on Complex Medical Malpractice Claims, New York, New York 

Speaker, “Experts and Evidence”, The University of Texas School of Law’s Suing and Defending Managed Health Care Providers, Dallas, Texas

Representative Cases

$18.4 million verdict obtained for individual client in breach of contract and fraud lawsuit arising out of sale of oilfield services company  (tried in Grayson County, Texas).

Defense verdict for hospital in wrongful death case arising out of knee replacement surgery (tried in Gallatin County, Montana)

Defense verdict for clinic in wrongful birth case involving cystic fibrosis (tried in Gallatin County, Montana)

Defense verdict for lawyer and AmLaw 100 law firm in multi-million dollar legal malpractice lawsuit alleging negligence, gross negligence and breach of fiduciary duty.

Defense verdict for major north Texas hospital in $30 million lawsuit alleging actual and punitive damages for conspiracy, defamation and tortious interference with existing and prospective contracts.

Defense verdict for major north Texas hospital in $40 million lawsuit alleging infant’s cerebral palsy was caused by preventable birth asphyxia (tried in the United States District court for the Eastern District of Texas, Marshall division for a Dallas-based hospital).

Defense verdict for major west Texas hospital in $30 million lawsuit alleging infant’s cerebral palsy was caused by preventable birth asphyxia.

Defense verdict for major south Texas hospital in $30 million lawsuit alleging infant’s cerebral palsy was caused by preventable birth asphyxia.
 
Defense verdict for major north Texas hospital in $25 million lawsuit alleging infant’s cerebral palsy was caused by preventable birth asphyxia.

Defense verdict for major north Texas hospital in $10 million lawsuit alleging profound and permanent brain damage to adult patient resulting from allegedly preventable post-operative complications (Following the defense verdict, we successfully challenged through the Supreme Court of Texas the trial court’s grant of a new trial, overturning more than 100 years of precedent allowing trial judges to grant new trials for no reason at all).

Defense verdict for thoracic surgeon in $10 million lawsuit brought by plaintiff fellow thoracic surgeon for permanent and profound debilitating injury sustained as a result of allegedly negligent surgery. 

Complete dismissal of lawyer and law firm in multi-million dollar legal malpractice lawsuit during trial. 

Defense verdict for major north Texas hospital in wrongful death case alleging nursing malpractice. 

Defense verdict for surgeon in wrongful death case alleging surgeon malpractice.

Defense verdict for thoracic surgeon in transfusion-associated AIDS wrongful death malpractice case. 

Defense verdict for north Texas certified registered nurse anesthetist in wrongful death lawsuit alleging nurse anesthesia malpractice. 

Defense verdict for addiction medicine specialist in wrongful death lawsuit alleging malpractice resulting in suicide.
 
Defense verdict for emergency room physician in lawsuit alleging profound and permanent injury resulting from alleged malpractice. 

Defense verdict for west Texas certified registered nurse anesthetist and his group in wrongful death lawsuit alleging nurse anesthesia malpractice.

Defense verdict for surgeon in lawsuit alleging profound and permanent injury resulting from alleged surgical malpractice.

Defense verdict for small town family practice physician in lawsuit alleging profound and permanent injury resulting from alleged malpractice. 

National trial counsel for catastrophic loss and birth injury lawsuits for several hospital systems and insurance carriers. 

Summary judgment in favor of health maintenance organization in $100 million class action for breach of fiduciary duty (affirmed on appeal).

Representation of the nation’s largest health maintenance organization in numerous complex claims and proceedings arising out of the alleged mismanagement of a kidney transplant program. 

Representation of numerous health maintenance organizations and associated physician groups in medical malpractice and managed care lawsuits.
 
Coordinating counsel for managed care litigation for the nations’ largest health maintenance organization. 

Representation of member organization before the United Network of Organ Sharing. 

Representation of pharmaceutical products company in federal and state courts in Texas, Alabama, Illinois, New York and California in products liability claims and lawsuits alleging wrongful deaths and permanent and profound injuries to minors. 

Representation of a major pharmaceutical company in numerous premises liability toxic tort lawsuits.

Representation of major cancer treatment center in numerous wrongful death and other lawsuits of alleged malpractice. 

Representation of numerous privately held companies and an individual in a $50 million action for breach of fiduciary, breach of contract and conspiracy. 

Representation of attorney in lawsuit alleging conspiracy arising out of involvement with federal income tax informant. 

Representation of physicians and nurses before state licensing boards. 

Representation of federal governmental entities in director and officer investigations, claims and litigation arising out of savings and loan and bank failures. 

Representation of design engineering company in numerous claims and lawsuits alleging engineering malpractice. 

Representation of cryogenic laboratory in lawsuit alleging permanent and profound injuries to newborn arising out of alleged product defect and malpractice. 

Representation of major hospital in breach of contract action arising out of professional services. 

Representation of product manufacturer and distributor in lawsuit alleging wrongful termination, conspiracy and age discrimination. 

Representation of lawyer and law firm in lawsuit alleging conspiracy and theft of trade secrets. 

Representation of personal watercraft owner in wrongful death action alleging negligent entrustment. 

Representation of large hospital system in lawsuit brought by anesthesiologist alleging anti-trust, conspiracy and tortious interference with existing and prospective contracts. 

Representation of large hospital in lawsuit brought by cardiothoracic surgeon alleging defamation, breach of contract, tortious interference and conspiracy. 

Representation of franchisee in lawsuit alleging negligent hiring of convicted felon. 

Representation of school district administrators in employment actions.