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Super Lawyers
Seriously Outstanding
only 5% selected each year
 
Scott M. Clearman

scott@clearmanlaw.com

Scott focuses primarily on complex, commercial litigation at the trial and appellate levels in both federal and state courts.  During his career, he has garnered favorable resolutions for clients in cases involving RICO, ERISA, Medicare, insurance, class actions, regulated industries, oil and gas and real estate.  In 2001, Scott was profiled in Texas Lawyer as one of "40 under 40" judges, lawyers and law professors "across the state whose accomplishments distinguish them among their peers."  Scott has been listed as a "Texas Super Lawyer" each year from 2003 to 2008.  Most recently, Scott Clearman was featured in Forbes magazine for his firm's contingent fee work for businesses. 

Scott began his legal career in 1988 at a Houston insurance defense firm. He left there in 1993 to join Randy McClanahan in pursuing a major class action and formed McClanahan & Clearman.  After 15 successful years of practice, Scott created The Clearman Law Firm. 

Scott’s results include:

  • Settlements of over $208 million on behalf of Texas businesses claiming overcharges for workers’ compensation insurance against dozens of insurers.  Net of fees and expenses, the class received $138 million of the settlements. The expenses were paid out of the fees paid to the attorneys. In this case, the attorneys' fees and expenses were $69.33 million.
  • Judgments and settlements of over $69 million on behalf of Texas businesses claiming refunds due for workers’ compensation insurance.  Net of attorneys' fees and expenses, the class received $57.855 million.  The expenses were paid out of the fees paid to the attorneys. In this case, the attorneys' fees and expenses were $8.645 million. 
  • Settlements of over $19.4 million on behalf of families of deceased Wal-Mart and Fina employees over the propriety of corporate owned life insurance.  Net of attorney's fees and expenses, the classes received $12.86 million.  The expenses were paid out of the fees paid to the attorneys.  In this case, the attorney's fees and expenses were $6.44 million. 
  • Settlement of $9,975,000 against Dynegy and others on behalf of a group of participants and beneficiaries in an ERISA plan.  Net of attorneys' fees and expenses, the class recovered $7.48 million of the settlement.  The expenses were paid out of the fees paid to the attorneys.  In this case, the attorneys' fees and expenses were $2.495 million
  • Settlement of $4.7 million for a client in a dispute over the rights to proceeds from an offshore oil and gas property.  The settlement has yet to be paid.  The attorneys' fees and expenses will be no more than 33% of the settlement, if it is paid as agreed.  Thus, the attorneys' fee and expenses will be $1.551 million. 
  • As nationwide counsel for an orthodontic practice management company and successfully defended his client against a group of approximately 65 orthodontists in multi-state litigation involving over 35 lawsuits pending in various federal and state courts. 
  • Successfully represented five Texas hospital systems against Aetna in an appeal to the Supreme Court of Texas over a state court’s jurisdiction to hear claims for reimbursement under Medicare totaling more than $13 million.
  • Along with Randy McClanahan, obtained a jury verdict of $16 million with a resulting judgment of over $10 million in a real estate limited partnership dispute.  Net of fees and expenses, his clients have recovered $2.04 million so far.  The attorneys' fees and expenses thus far are $1.3 million.

Education:
  • Southwestern University, B.S.S.S., 1985
  • University of Texas School of Law, J.D., 1988

Admitted to Practice:
  • Texas
  • United States Courts of Appeals for the Fifth, Eighth, Ninth, Tenth and Eleventh Circuits
  • United States District Courts for the Northern, Eastern, Southern and Western Districts of Texas
  • Middle District of Florida
  • District of Colorado
  • Northern District of Illinois
  • Eastern District of Missouri
  • Northern District of Oklahoma

Activities and Affiliations:

  • State Bar of Texas, Appellate Law Section
  • Houston Bar Association

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