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Scott L. Winkelman

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Scott L. Winkelman is a partner in the firm's Litigation Group and co-chair of the firm’s Transportation Practice. Scott co-founded the firm’s Product Risk Management Practice, has served on the firm’s Management Board and Executive Committee, and for a time managed the firm’s New York office and its Regulatory initiative.

Scott represents clients in class actions, force majeure and other contract disputes, multidistrict proceedings, arbitrations, and other complex litigation in products and commercial matters nationwide.

Scott represents clients in agency proceedings before the National Highway Traffic Safety Administration (NHTSA), the Consumer Product Safety Commission (CPSC), and related product regulatory bodies, including in connection with four of the largest automotive recalls in United States history.

Scott conducts product and business risk assessments; performs crisis management; and counsels on liability prevention, commercial contracting, warranty, and best practices in law functions and legal management.

Scott is a certified "black belt" in Six Sigma methodology and brings project efficiencies to his client engagements.

Scott has been recognized by BTI Consulting Group as a 2020 Client Service All-Star. The honor, bestowed by corporate counsel, recognizes attorneys who “stand above all the others in delivering the absolute best in client service. Amid all the changes and unexpected events, they stand tallest.”

Since 1997, Scott has been selected by his peers for inclusion in The Best Lawyers In America as a "Best Lawyer" in the area of product liability litigation, and has been ranked in Super Lawyers.

Scott served as judicial clerk to the Honorable John Pratt of the U.S. District Court for the District of Columbia.

Scott is married with two children and roots for all Detroit sports teams.

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Crowell has reported before on important ripples in commercial contract law centered on what counts as the enforceable contract between automotive product buyers and sellers. In its 2023 opinion in MSSC Inc. v. Airboss, the Michigan Supreme Court found that a master supply agreement was not enforceable, as opposed to the individual release orders issued under those agreements. Courts and industry have been left to grapple with the significant implications since.Continue Reading What’s The Contract? The Debate Continues In Michigan, with Consequences Beyond

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In May 2025, the Trump Administration, asserting Executive authority, terminated the three Democratic Commissioners of the Consumer Product Safety Commission. On June 13, 2025, a Maryland district court aborted the without-cause termination while a legal challenge proceeds, leaving the Commissioners in place. No longer.Continue Reading Commission in Limbo: SCOTUS Decision Puts CPSC Democrats Back Out of Action

On June 27, in Trump v. Casa, the Supreme Court held that federal courts lack equitable authority to issue “nationwide”—or, using the Court’s preferred parlance, “universal”—injunctions. To learn more, please read our Client Alert Trump v. Casa: Nationwide Injunctions And The Class Action Loophole.

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On June 5, 2025, the United States Supreme Court dismissed as improvidently granted the petition for writ of certiorari in Laboratory Corporation of America Holdings, dba Labcorp, v. Luke Davis, et al., No. 22-55873. As a result of the Court’s dismissal, a federal circuit split on the inclusion of uninjured class members in Rule…

On May 13, 2025, the Senate Committee on Commerce, Science, and Transportation held a confirmation hearing for David Fink, nominee for Administrator of the Federal Railroad Administration (FRA). Led by Senator Ted Cruz, the hearing spanned two hours and focused on Fink’s industry background, safety record, and priorities for the FRA.Continue Reading Senate Committee Holds Confirmation Hearing for FRA Administrator Nominee David Fink

Autonomous heavy-duty motor vehicles — those with a gross weight of 10,001 pounds or greater — to date have been barred from public roadways in California. This will change if newly proposed California DMV regulations take effect.

The proposed regulations include several notable changes and perhaps most notable among them is the opportunity for providers of autonomous heavy-duty vehicles to apply for a permit to operate through testing or deployment.Continue Reading Autonomous Commercial Vehicles Now Come “Heavy-Duty” If New California DMV Law Passes 

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On May 13, 2025, at 10:00 AM ET, the Senate Committee on Commerce, Science, and Transportation, chaired by U.S. Senator Ted Cruz, will hold a nominations hearing that will address key nominations for the Federal Railroad Administration (FRA), Amtrak’s Board of Directors, and the Department of Commerce. Among the nominees is David Fink, who has…

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On April 29, 2025, the U.S. Supreme Court heard oral argument about whether federal courts may certify a Rule 23(b)(3) class seeking damages when some of the class members lack Article III injury. To learn more, please read our Client Alert Supreme Court Hears Argument About Uninjured Class Members and for more background information, please…