Scott T. Tross is a litigator who focuses his practice in the areas of real estate, creditor's rights and securities litigation.
Scott is an experienced trial and appellate lawyer, having tried over two dozen cases to verdict and argued a like number of appeals. His high profile successes include a reversal in the New Jersey Supreme Court of an Appellate Division decision declaring default rate interest and late charges to be unenforceable; dismissal of securities claims filed in connection with the $25 billion leveraged buyout of RJR Nabisco; reversal in New York's Appellate Division of a $242 million judgment that would have wiped out a banking client's interest in a Manhattan hotel; collection of over $35 million in defaulted loans from former Penthouse publisher Robert Guccione; settlement of a class action lawsuit filed by replacement players against a major league baseball team; dismissal of a lawsuit against a global entertainment company seeking an accounting and money damages; procurement of a judgment against Mexican boxer Julio Cesar Chavez; resolution of a whistleblower claim filed against a corporate client; and dismissal of a malpractice claim against one of the largest law firms in the country. Scott is also an acknowledged leader in foreclosure law and practice, having foreclosed over $1 billion in mortgages for banks, insurance companies, hedge funds, investment banks and servicers of securitized debt.
His published decisions include: Rocker Management, LLC v. Lernout & Hauspie Speech Products, N.V., Fed. Sec. L. Rep. (CCH) 93,286 (D.N.J. 2005); Reichold, Inc. v. United States Metal Refining Co., 59 ERC (BNA) 2145 (D.N.J. 2004); Brosius v. Children's Place Retail Stores, 189 F.R.D. 138 (D.N.J. 1999); Hartford Accident & Indemnity Co. v. RJR Nabisco, Inc., 721 F. Supp. 534 (S.D.N.Y. 1989); Metropolitan Life Insurance Co. v. RJR Nabisco, Inc., 716 F. Supp. 1504, 1526 (S.D.N.Y. 1989); Tinaway v. Merrill Lynch, 692 F. Supp. 220 (S.D.N.Y. 1988); MetLife Capital Financial Corp. v. Washington Avenue Associates, L.P., 159 N.J. 484 (1999); S&S Hotel Ventures L.P. v. 777 S.H. Corp., 69 N.Y.2d 437 (1987); CDR Creances S.A. v. Euro-American Lodging Corp., 837 N.Y.S.2d 33 (1st Dep't 2007); SO/Bluestar, LLC v. Canarsie Hotel Corp. 33 A.D.3d 986 (2d Dep't 2006); Realty Asset Properties, Ltd. v. Oldham, 356 N.J. Super. 16 (App. Div. 2002); J.E. Capital, Inc. v. Karp Family Associates, 285 A.D.2d 361 (1st Dep't 2001); LaSalle National Bank v. Clearstory Number Two & Company, 282 A.D.2d 505 (2d Dep't 2001); Stettine v. DeAngelis, 259 A.D.2d 539 (2d Dep't 1999); Edward S. Gordon Company, Inc. v. TPD Corp., 233 A.D.2d 119 (1st Dep't 1996); FGH Realty Credit Corp. v. VRD Realty Corp., 231 A.D. 2d 489 (2d Dep't 1996); City of Long Beach v. Catalyst Waste-to-Energy Corporation of Long Beach, 144 Misc. 2d 119 (Sup. Ct. N.Y. Co. 1988).
Scott joined the litigation department at Herrick, Feinstein in 1991. Since that time, he has maintained an active trial and appellate practice in both New York and New Jersey.