Steven A. Scoggan

Overview

Steven has a diverse litigation practice. His core practice areas are commercial litigation, environmental litigation, tort and product-liability litigation involving catastrophic losses, and appeals.

In his commercial litigation practice, Steven frequently handles lawsuits involving employee raiding, unfair trade practices / unfair competition, trade secrets, and non-competition, non-solicitation, and non-disclosure agreements. Steven also advocates on behalf of business owners and officers in disputes about the management, control, and ownership of business enterprises, as well as in M&A and other transactional disputes.

Much of Steven’s commercial litigation practice is in the North Carolina Business Court. Steven’s legal career began as a law clerk to the Honorable James L. Gale, a former Chief Judge of that court.

Steven’s environmental litigation practice focuses on defending companies in litigation concerning involving per- and poly-fluoroalkyl substances (PFAS). These cases include class actions, mass actions, lawsuits by utilities and municipalities, and natural resource damages (NRD) litigation. Steven has extensive experience in these cases that includes handling numerous fact- and expert-witness depositions and briefing and arguing dispositive motions and motions to exclude experts. Most recently, after deposing the toxicologist hired by plaintiffs in many of these cases, Steven obtained a ruling barring her from testifying at trial because the court found that her opinions failed to satisfy the standards for admissible expert testimony.

Steven also regularly represents clients, both as parties and amici curiae, in North Carolina’s appellate courts. He has a proven track record of success in his appellate representation, having obtained favorable outcomes in over a dozen appeals.

Steven holds leadership positions in state and national defense bar organizations, and he has presented at both the state and national level on topics concerning commercial litigation.

Steven attended the Duke University School of Law, where he served as the Articles and Comments Editor for the Duke Journal of Constitutional Law & Public Policy. Before law school, Steven received his undergraduate degree, summa cum laude, from the University of Alabama, where he studied philosophy, political science, and history and was selected to join Phi Beta Kappa.

When he’s not practicing law, Steven enjoys spending time with his family, hiking, enjoying the mountains of western North Carolina, and traveling.

Legal Assistant

Hannah Fleming

Direct: 336-389-5697

E-mail: hannah.fleming@elliswinters.com

Credentials

Education

J.D., DUKE UNIVERSITY SCHOOL OF LAW, 2013
- Duke Journal of Constitutional Law & Public Policy, Articles and Comments Editor (2012-2013); Staff Editor (2011-2012)
- Dean’s Scholarship

B.A., UNIVERSITY OF ALABAMA, 2009
- summa cum laude
- Phi Beta Kappa
- Presidential Scholarship

Admissions

North Carolina, 2013
United States District Courts
- Middle District of North Carolina, 2014
- Eastern District of North Carolina, 2015
- Western District of North Carolina, 2016
United States Court of Appeals for the Fourth Circuit, 2015

Practice Areas

Antitrust & Competition Law
Appeals
Class Actions
Complex Commercial and Business Litigation
Environmental and Toxic Tort
Mass Torts
Pharmaceutical & Medical Device
Products Liability
Tort Trial and Insurance Practice

Professional Associations and Memberships

International Association of Defense Counsel (IADC)
- Trial Academy, Stanford Law School (2018)
DRI
- Publications Board (2018-2020)
- Young Lawyers Steering Committee (2016-2024)
- Commercial Litigation Committee, Pretrial Practice & Procedure Chair (2023-present)
North Carolina Bar Association
- Antitrust & Complex Business Disputes Section, Section Council

Experience

Nix v. Chemours Co. FC, LLC, __ F. Supp. 3d __, 2025 WL 2924613 (E.D.N.C. 2025) – After deposing toxicologist opining on negative health effects of PFAS, secured a ruling excluding her opinions for failing to meet admissibility requirements for expert testimony.
Dieckhaus v. Bd. of Gov’rs of Univ. of N.C., 386 N.C. 677 (N.C. 2024) – Successfully represented the North Carolina Chamber of Commerce Legal Institute as amicus curiae in litigation regarding the constitutionality of COVID-19 immunity statutes
Downing v. Cycle Holdings, Inc., 2023 NCBC 10, 2023 WL 1433537 (N.C. Business Ct. Feb. 1, 2023) – Obtained summary judgment in dispute over shareholder inspection rights.
Cearley v. Bobst Grp. N. Am., Inc., 2022 WL 4627056 (E.D. Ark. Sept. 30, 2022) – Obtained pleadings-stage dismissal of a product-liability lawsuit involving a fatality.
Hutchins v. CVS Pharmacy, Inc., 2022-NCCOA-310, 2022 WL 1313537 (N.C. Ct. App. 2022) – Obtained pleadings-stage dismissal of pharmacy-malpractice case and successfully defended that decision on appeal.
McDaniel v. John Crane, Inc., 2021 WL 1111154 (M.D.N.C. Mar. 23, 2021) – In case of first impression, obtained summary judgment for an insulation contractor in a “take home” liability case brought by the spouse of a worker allegedly exposed to asbestos.
Nevada Power Co. v. Trench France, S.A.S., 2020 WL 6689340 (D. Nev. Nov. 12, 2020) – Secured pleadings-stage dismissal of an eight-figure commercial dispute.
Global Textile Alliance, Inc. v. TDI Worldwide, LLC, 847 S.E.2d 30 (N.C. 2020) – Obtained decision overruling adverse party’s attorney-client privilege claims over documents and successfully defended that decision on appeal.
Town of Littleton v. Layne Heavy Civil, Inc., 819 S.E.2d 101 (N.C. Ct. App. 2018) – Obtained summary judgment for a general contractor in litigation involving a municipal sewer-rehabilitation project and successfully defended that decision on appeal.
Quality Built Homes, Inc. v. Town of Carthage, 813 S.E.2d 218 (N.C. 2018) – The Supreme Court of North Carolina adopted the position advanced by municipalities as amicus curiae, resulting in substantial reduction of liability risk in impact-fee litigation.
Global Textile Alliance, Inc. v. TDI Worldwide, LLC, 2017 NCBC 106, 2017 WL 5641185 (N.C. Business Ct. Nov. 21, 2017) – Successfully opposed motion for preliminary injunction in litigation involving director/officer fiduciary duties, trade-secret misappropriation, and similar issues.
Parks v. Boston Scientific Corp., 2018 WL 1040103 (W.D.N.C. Feb. 23, 2018) – Obtained pleadings-stage dismissal of a product-liability lawsuit against a medical device manufacturer.
Jemsek v. Rhyne, 662 F. App’x 206 (4th Cir. 2016) – Obtained pleadings-stage dismissal of a federal constitutional lawsuit against a state licensing board and its current and former members and successfully defended that decision on appeal.

Presentations/Publications

What’s Fair?, Firm Blog, Contributing Author
“Common Exemptions to Section 75-1.1 Liability,” Antitrust & Complex Business Disputes Section of the North Carolina Bar Association Continuing Legal Education Program, February 1, 2024
“ESI Discovery in Complex Litigation,” DRI Business Litigation & Intellectual Property Super Conference, March 21, 2022
“Pleadings-Stage Strategy for Breach of Contract and Tortious Interference Claims,” Antitrust & Complex Business Disputes Section of the North Carolina Bar Association Continuing Legal Education Program, February 3, 2022
“Supreme Court Decision on Determining Entities’ Citizenship Signals the Need for Amendment of the Diversity-Jurisdiction Statute,” Antitrust & Complex Business Dispute News, Summer 2016

Awards/Recognition

Business North Carolina, Legal Elite, Young Guns (2019, 2022), Appellate (2021), Litigation (2023)
North Carolina Super Lawyers Magazine, “Rising Star”, Business Litigation (2019-2025)
Best Lawyers in America, Commercial Litigation (2026)
Best Lawyers in America, “Ones to Watch” – Commercial Litigation (2020–2025)
Supreme Court of North Carolina’s Pro Bono Honor Society (2017, 2024)