Foley & Mansfield
Foley & Mansfield

Scott S. Holmes

Partner - Detroit

sholmes@foleymansfield.com

248-721-4200

Bar Admissions: Michigan; Sixth Circuit Court of Appeals; U.S. District Court, Eastern District of Michigan; U.S. District Court, Western District of Michigan

Practice Groups: Banking & Finance; Business & Corporate Law; Commercial Litigation; Construction Law & Litigation; Employment Law & Litigation; Personal Injury Defense; Toxic Tort / Mass Tort

Education: Indiana University School of Law - Bloomington, 2003, JD; University of Richmond, 2000, B.S.B.A., Marketing

Memberships: Defense Research Institute (DRI); Federal Bar Association; Michigan Bar Association; Michigan Defense Trial Counsel, Board of Directors, Technology Committee Co-Chairperson

BIOGRAPHY

Scott Holmes is an attorney in Foley & Mansfield's Detroit office. Scott provides business counseling, transactional and litigation services to large and small businesses, public and private organizations, contractors, and financial institutions, with an emphasis on employment law, commercial litigation, construction litigation, and commercial finance and transactions.

Scott works with businesses of all sizes to develop and implement policies that comply with state and federal regulations, including Title VII, ADA, ADEA, FLSA, PWDCRA, and employer immigration reporting. He counsels employers on avoiding and preparing for litigation, and has represented employers in administrative proceedings and state and federal courts through all stages of the litigation process.

Scott represents multiple municipalities in claims and litigation related to civil rights, employment, property use/zoning, and other areas.

Scott represents general contractors, land developers, and subcontractors in a wide range of construction matters, including contract disputes, delays, liens, environmental concerns, personal injury and related liability issues.
Scott also represents multi-national commercial lenders and financial institutions in state and federal trial and appellate courts with respect to residential mortgage lending, foreclosures, real property issues, fraud claims, contract disputes and claims of state and federal law violations, including claims related to TILA, FDCPA, FCRA.

Prior to joining Foley & Mansfield, Scott served as a Law Clerk for the Honorable Thomas L. Ludington of the 42nd Circuit Court in Midland, Michigan (now Federal District Judge for the Eastern District of Michigan).

While attending law school, Scott received multiple Dean’s List honors and was selected to the Order of the Barristers for excellence in trial advocacy. In addition to these achievements, he was a member of the Federal Communications Law Journal and the Trial Competition Team. He also served as an intern for the Honorable George Caram Steeh of the United States District Court for the Eastern District of Michigan.

REPRESENTATIVE MATTERS

  • Obtained complete dismissal of $5,000,000 civil rights, ADA, and miscellaneous property claims against property association and award of over $100,000 in attorney fees against plaintiffs and their attorney, with dismissal and fee award upheld on appeals to the Sixth Circuit Court of Appeals
  • Obtained de minimis settlement via mediation on behalf of international designer/general contractor of large commercial wind farm in multi-million lawsuit by 20 plaintiffs alleging negligent design
  • Obtained favorable settlement in breach of contract lawsuit filed on behalf of nationally-recognized software hosting and security company
  • Successfully defended excavating contractor against $1.3 million dollar negligence and environmental claim
  • Counseled aftermarket automotive outfitter on issues ranging from tortious interference with business expectancy, municipal bid process compliance, wage and hour, and employee handbook/policies
  • Obtained complete dismissal of construction-related action from federal court on ripeness grounds
  • Negotiated favorable settlement in commercial lending breach of contract case for national biodiesel fuel company
  • Successfully defended general contractor home-builder in $500,000 breach of contract claim
  • Defended retail clothing and consumer goods store chain against employee retaliation claim
  • Successfully defended plumbing contractor against property damage and personal injury claim related to construction of multi-unit condominium complex
  • Drafted appellate briefs on issues involving religious discrimination (employment), fraud, fraudulent concealment, fiduciary duty and award of attorney fees (probate), and mortgage foreclosure chain of title

IN THE NEWS

December 10, 2018
Foley & Mansfield Names 2019 Partners, Equity Partners

The national defense firm of Foley & Mansfield today announced the election of nine partners to its Equity Partnership, and fifteen attorneys to its Partnership, effective January 1, 2019.

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September 11, 2018
Six Named to Michigan Super Lawyer®, Rising Star® List

Foley & Mansfield is pleased to announce that five attorneys in the firm’s Detroit office have been named to the 2018 Michigan Super Lawyers® and Rising Star® Lists.

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April 23, 2018
Appellate Victory, $100k+ Fees Awarded in HOA Dispute

Scott Holmes successfully defended a homeowners association against claims of civil rights violations, conspiracy, and violations of state laws regarding building use.

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AWARDS

  • Michigan Rising Stars® - 2011-2018
  • 20 Up and Coming Lawyers - Michigan Lawyers Weekly - 2010
  • Distinguished Service Award - Michigan Defense Trial Counsel - 2010
  • Order of the Barristers (Excellence in Trial Advocacy) - Indiana University School of Law - Bloomington - 2003

PRO BONO

Scott provides pro bono legal services in the areas of family law, bankruptcy, and corporate/partnership disputes.

MEDIA

  • Trial Tips, Techniques & Strategies, Part II (April 2007), Michigan Defense Quarterly
  • Trial Tips, Techniques & Strategies, Part I (January 2007), Michigan Defense Quarterly 
  • Motions in Limine and Preparing for Trial (October 2006), Michigan Defense Quarterly 
  • Dispositive Motions – Avoiding The ‘Cylindrical File' (April 2006), Michigan Defense Quarterly
  • Building The Case – Discovery (January 2006), Michigan Defense Quarterly 

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