Scott C. Oostdyk

Partner

Office: Richmond

Direct: 804-364-4565

Fax: 804-237-0250

soostdyk@nullohaganmeyer.com

  • Professional Overview
    Scott Oostdyk is a partner in our Richmond, Virginia office. Scott has represented businesses and corporations in general commercial litigation matters, including contract disputes, insurance recovery, financial services actions, products claims, employment disputes and technology matters. He has extensive experience in, land use issues and a variety of pollution problems. He frequently counsels clients on litigation avoidance planning.

    He has tried cases to jury in state and federal courts across the country and conducted international arbitrations under the laws of several nations.

    Scott has considerable administrative law experience, having challenged federal agency rules before the D.C. Circuit Court of Appeals, and defended environmental class actions. He is one of the leading experts on loss portfolio transfers in the insurance industry, and frequently represents policyholders faced with no-pay, slow-pay or excess exposure claims.

    Scott is a graduate of Princeton University and the University of Virginia School of Law. He served former Virginia Governor George Allen as Virginia’s deputy secretary of Health and Human Resources, where he managed twelve (12) health, social service and environmental agencies with a combined $4 billion in budget.

    Scott is an inaugural member of the Supreme Court of Virginia’s Access to Justice Commission, on which he has served since 2012.  He is past president of the Greater Richmond Bar Foundation and former Chair of the Virginia Bar Association’s Pro Bono Council. Scott is currently the pro bono partner for O’Hagan Meyer, a role he previously held at McGuire Woods for nearly thirty years.

    In July 2019, a Princeton Tigers Football committee of coaches and players recognized Scott, a 1982 alumnus as one of its “best-ever players”, citing his achievements as a tight end on the Princeton offense.  The Princeton football program is one of the nation’s oldest, having played Rutgers in the first intercollegiate football game ever held.
  • Practice Areas
  • Education and Admissions

    Education

    • J.D. from University of Virginia School of Law.
    • B.A. from Princeton University, with Distinction.

    Admissions

    • United States Court of Appeals for the 4th Circuit
    • United State District Court for the Eastern District of Virginia
    • United States District Court for the Northern District of Indiana
    • United States District Court for the Western District of Virginia

    States Licensed

    • Virginia
  • Professional Organization Memberships
    • Member, Virginia Bar Association
    • Member, Supreme Court of Virginia’s Access to Justice Commission, 2012 to the present
    • Chair, Virginia Bar Association’s Pro Bono Council, 2010 - 2018
    • President, Greater Richmond Bar Foundation, 2014-2015
    • President. Princeton University Class of 1982, 2012-2017
    • Member, National Association of Railroad Trial Counsel
    • Member, Transportation Committee, Lex Mundi
    • Chairman, Community Drug Programs Committee, Richmond Bar Association, 1991-1993
    • President, Princeton Association of Virginia, 1993-1995
  • News, Honors, Publications & Speeches
    Distinctions
    • Named to “Virginia Super Lawyers,” Business Litigation, Environmental Litigation, Legal Aid/Legal Services, Super Lawyers, Thomson Reuters, 2009, 2012-2022, 2024
    • Recipient, “Roger D. Groot Pro Bono Publico Service Award,” Virginia Bar Association, 2024
    • Named to “Legal Elite,” Civil Litigation, 2007, 2009, 2010, 2013, 2015, 2017, 2019, 2021; Legal Services/Pro Bono, 2012, 2023, Virginia Business
    • Selected for inclusion in The Best Lawyers in America, Commercial Litigation, 2009-2024; Bet-the-Company Litigation, 2010-2024; Litigation – Environmental, 2011-2024; Environmental Law, 2021-2024; Product Liability Litigation – Defendants, 2022, 2023, 2024; Woodward/White, Inc.
    • Selected for inclusion in “Legal 500 United States,” Insurance: Advice to Policyholders, 2022, 2023
    • Named to “Pro Bono Service Honor Roll,” Virginia Access to Justice Commission, 2022
    • Named “Lawyer of the Year,” Litigation – Environmental, Richmond, Best Lawyers in America, Woodward/White, Inc., 2016, 2020
    • Selected for inclusion as a “Leading Lawyer,” Environment Litigation, Virginia, Legal 500 US, 2018
    • Named a Fellow of the Virginia Law Foundation, 2016
    • Appointed to the Supreme Court of Virginia’s Access to Justice Commission, 2014
    • Named a “Leader of the Law,” Virginia Business, 2012
    • Named to “Twenty One Young Lawyers Leading Us Into the Twenty First Century,” American Bar Association, 1995
    • Recipient, Burnette Award as Young Lawyer of the Year, the Virginia Bar Association, 1994
    • Recipient, U.S. Department of Justice Award for Public Service, 1992
    Publications
    • Author, Ohio Supreme Court: Insurance Policy Does Not Cover Ransomware Attack on Software, Pro Policyholder, January 12, 2023
    • Author, Colleges Should Brace for Next Phase of COVID-19 Class Actions, Class Action Countermeasures, April 8, 2021
    • Co-author, "What If States Opt Out Of EPA’s Existing Source Rule?," Law360, November 24, 2014
    • Co-author, "A Constitutional Challenge to EPA’s “Clean Power Plan”," Law360, October 28, 2014
    • Co-author, "Decommissioning: Better Now Than Later," Energy & Infrastructure, Fall 2014
    • Author, "The Four Horseman of Mitigation of Damages: The Americans with Disabilities Act, Surveillance, Rehabilitation and Vocational Placement," National Association of Railroad Trial Counsel's Bulletin, August 20, 2012
    • Author, "Present Valuing Future Wage Loss: Who has the Burden of Proof," National Association of Railroad Trial Counsel's Bulletin, August 20, 2012
    Representative Matters
    • Represented America’s largest evangelical university in the successful defense of a whistleblower claim asserted by its former spokesman.
    • Successfully defended a top ten financial institution in alleged liability for a shooting in a bank branch.
    • Represented a Big Three auto manufacturer in the recovery of $375 million in insurance proceeds from a series of automobile liabilities.
    • Gained the dismissal of a citizens’ suit filed in federal court against a power producer by asserting the diligent prosecution bar to civil actions when the facility is already subject to government enforcement.
    • Represented a major power generator in a 1500-person class action filed in federal court in the Western District of Pennsylvania. Won the nation’s first decision finding common law claims preempted by the Clean Air Act, a decision later reversed on appeal. On remand, won dismissal of the action after prevailing on motions limiting the size and identification of the putative class.
    • Represented a large private coal producer in preparing comments and in litigating against the Clean Power Plan to the point of the unprecedented stay earned by industry in the U.S. Supreme Court pending Circuit appeal.
    • Serving as lead counsel for a coal concern in challenging EPA’s ground level ozone NAAQs rule in the D.C. Circuit Court of appeals.
    • Won a $22 million insurance recovery settlement in the E.D. VA from the National Indemnity Company, a division of Berkshire Hathaway, after NICO denied coverage to an international auto manufacturer following a loss portfolio transfer of policy assets.