SCOTT P. KLOSTERMAN
Shareholder – Since 2003
University of Wyoming College of Law, 1996, J.D.
Gustavus Adolphus College – 1991, B.A.
Scott Klosterman’s practice is concentrated in the areas of oil & gas, medical liability and insurance defense. Mr. Klosterman has successfully defended numerous cases to jury and bench trial verdicts. He has also built a successful pre-trial motion practice which has resulted in the dismissal of claims against his clients or limited evidence presented by plaintiffs at trial. In addition, Scott has a significant appellate practice having briefed and argued numerous appeals to the Wyoming Supreme Court, the Tenth Circuit Court of Appeals, and the Supreme Court of the United States. Scott’s oil & gas practice includes contract disputes, personal injury and wrongful death claims arising from oil & gas field accidents, trespass and property damage claims, class actions brought under the Wyoming Royalty Payment Act, ad valorem and severance tax appeals, and negotiation and preparation of oil & gas leases and surface use agreements. Scott also advises oil & gas clients on federal, state and Indian law issues concerning exploration and development. Scott’s medical liability practice includes defense of physicians, nurses and hospitals in medical malpractice claims filed with the Wyoming Medical Review Panel as well as lawsuits filed in state and federal district courts. Scott also has significant experience in the representation of physicians before the Wyoming Board of Medicine.
Scott’s insurance defense practice includes defense of property, casualty, auto, trucking, bad faith and worker’s compensation claims.
REPRESENTATIVE CLIENT WORK:
Successfully defended lessee of oil & gas lease to no cause of action a case involving claim for breach of the reassignment provision in an oil and gas lease.
Successfully defended oil & gas operator to no cause of action a case involving claims for trespass and property damage related to the surface discharge of groundwater produced in association with coalbed natural gas (produced water) in the Powder River Basin.
Successfully defended local hospital and members of its nursing staff to no cause of action a case where plaintiff alleged hypoxic brain injury to infant resulting from improper management during labor and delivery.
Successfully defended gynecologist to no cause of action a case where plaintiff alleged failure to timely diagnose and treat breast cancer.
Successfully defended urologist to no cause of action seven separate cases where plaintiffs alleged improper work-up and surgical repair of urinary incontinence.
Wyoming State Bar – 1996
Colorado State Bar – 1996
United States District Court for the District of Wyoming – 1996
United States Court of Appeals for the Tenth Circuit – 2004
Shoshone and Arapaho Tribal Court – 2004
Supreme Court of the United States – 2010
1. True Oil Co., LLC v. Pennant Service Co., 2011 WY 40, WL 782488 (March 8, 2011)
2. Stone v. Devon Energy Production Co., L.P., 2009 WY 114, 216 P.3d 489 (Wyo. 2009) cert. denied 130 S.Ct. 2096, 176 L.Ed.2d 724 (2010)
3. Northern Arapaho Tribe v. Harnsberger, 660 F. Supp. 2d 1264 (D.Wyo. 2009)
4. Pina v. Christensen, 2009 WY 64, 206 P.3d 1298 (Wyo. 2009)
5. Williams F. West Ranch, LLC v. Tyrrell, 2009 WY 62, 206 P.3d 722 (Wyo. 2009)
6. Stone v. Devon Energy Production Co., L.P., 2008 WY 49, 181 P.3d 936 (Wyo. 2008)
7. True Oil Co. v. Mid-Continent Casualty Co., 173 Fed. Appx. 645, 2006 WL 728772 (10th Cir. 2006)
8. Followwill v. Merit Energy Co., 371 F. Supp. 1305 (D.Wyo. 2005)
9. Williams Production RMT Co. v. State Dept. of Revenue, 2005 WY 28, 107 P.3d 179 (Wyo. 2005)
10. Mountain West Mines, Inc. v. Cleveland-Cliffs Iron Co., 376 F. Supp. 2d 1298 (D. Wyo. 2005)