Moore & Van Allen Law Firm, Attorneys
Practice Areas
  • B.A., Hamilton College, 1992, magna cum laude; Phi Beta Kappa
  • J.D., Duke University, 1995; Editorial Board, Duke Law Journal
  • North Carolina, 1996
  • South Carolina, 1996
  • New York, 1997
100 North Tryon Street
Suite 4700
Charlotte, NC 28202-4003

Scott M. Tyler

Member
Overview
Representative Matters
News & Events
Professional Affiliations

Co-team leader of the Litigation Practice Group, Scott Tyler has spent more than two decades successfully representing some of the nation’s largest financial services, manufacturing, real estate, and other companies in a range of complex disputes. He offers a practical approach to achieve balance between business considerations and zealous advocacy. Rather than indiscriminately turning over every stone, Tyler focuses his time—and his clients’ resources—on a more strategic path, mapping out a case step by step, from pleadings to motions, discovery, and on to trial. He is prepared to seek a prompt but favorable compromise or to fight aggressively for his clients’ interests as needed. As co-team leader, he guides other attorneys using the same thoughtful yet effective approach.  Tyler also has served on the firm’s management committee.

Financial Services Litigation

Tyler has represented some of the largest of national banks as well as many regional and community financial services institutions in cases involving complex financial transactions that have gone awry. Working with special assets and workout groups and banking executives, he understands lenders’ unique challenges and devises strategies to resolve their disputes effectively.  He has also represented banking executives named individually in such actions. Tyler seeks and has obtained early dismissals of individual defendants through motion practice and otherwise, freeing them from further exposure and expense.

Real Estate/Construction Litigation

Tyler has substantial experience in real estate litigation, representing clients regarding buyer-seller agreements, commercial leases, easements, commission claims, and construction projects.  In particular, where significant commercial leases are involved, Tyler has obtained favorable outcomes for not only landlords, but also for tenants, by seeking to ensure that lease terms are fully enforced consistent with party intent and applicable law. 

Tyler has also resolved multimillion-dollar commercial construction disputes before and after litigation has been filed. Representing owners, sureties, and contractors in cases involving storage and distribution facilities, corporate headquarters, manufacturing and industrial plants, hotels, and more, he has secured positive results in settlement, arbitration, on motion practice, and at trial. Implementing his practical litigation experience, he also protects his clients’ interests before issues arise by negotiating and drafting construction contracts with an eye to successful project completion including efficient resolution of claims.

Tort Litigation

Plaintiffs often assert novel or vague tort claims including constructive fraud; duress; unfair and deceptive trade practices; breach of fiduciary duty; civil conspiracy; and breach of the duty of good faith. Drawing upon his knowledge of complex financial and business transactions, Tyler has extensive experience defeating these types of claims by discerning and focusing on their weaknesses.  In arbitration and at trial, he has obtained numerous findings of no liability, as well as multi-million dollar damage awards for his clients.

Contract Litigation

Similarly, Tyler has successfully represented clients in numerous commercial contract disputes, including those regarding the sale of goods, supply contracts, maintenance contracts, and other services agreements.  He has the ability to separate superfluous issues from material ones, focusing instead on the most beneficial interpretation of the contract terms themselves. As a result, Tyler has often prevailed in such cases through favorable settlements, dispositive motions, arbitration, and court and jury verdicts.

Of Note

  • Author, "Liquidating: Stipulated Damages for Delay in Public Construction Contracts,” 44 Duke L.J. 357 (1994)
  • Law Clerk to Honorable Thomas J. McAvoy, United States District Court, Northern District of New York, 1995-1996
  • AV peer review rated, Martindale-Hubbell legal directory
  • Included in Best Lawyers in America for Commercial Litigation, 2013-2018
  • Included in Business North Carolina's Legal Elite list, 2004 - 2005, 2009 for Construction Law; 2013-2014, 2017 for Litigation.
  • Selected for inclusion to the North Carolina Super Lawyers list in 2006-2017.  His primary area of practice is General Litigation.
  • Chairman, Town of Matthews Transportation Board, 2003-2004
  • Vice President and General Counsel, Charlotte Trolley, Inc., 2004-2008
  • Recognized in the 2010-2018 editions of Benchmark Litigation as a "Future Star"
  • Board of Trustees, Charlotte Urban Ministry Center, 2015-present

Representative Matters

  • Monsanto Company v. ARE-108 Alexander Road LLC, 632 Fed. Appx. 733 (4th Cir. 2015).  Obtained summary judgment and damages for tenant in commercial lease dispute over rent abatement.
  • Taylor v. Bank of Granite, 2014 N.C. App. LEXIS 645 (2014). Obtained dismissal of all claims asserted by commercial borrower in lender liability dispute.
  • Bank of America v. AFH LLC et al., American Arbitration Association (2012).  Obtained $160 million damages award in favor of bank and finding of no liability on $354 million in counterclaims following week-long arbitration hearing in dispute over commercial loans and valuation of real estate collateral.
  • Piedmont Natural Gas Co., Inc. v. Cannon Sline Industrial, Inc., American Arbitration Association (2011). Obtained significant award for client in dispute over termination of industrial painting contract.
  • Geo Plastics v. Beacon Dev. Co., 434 Fed. Appx. 256 (4th Cir. 2011). Obtained summary judgment for real estate developer sued by potential purchaser of commercial property.
  • Nucor Corporation v. J. Baker & Associates (E.D. Ark. 2009). Obtained jury verdict of no liability on $6 million counterclaim and third-party claim in commercial contract dispute.
  • Brockland et al. v. Bank of Granite, N.C. Superior Court (2007). Obtained judgment for bank and bank president in multi-million dollar lender liability action.
  • Warner Electric, LLC v. Olds Properties Corp.  American Arbitration Association (2006). Obtained significant award for client in commercial lease dispute.   
  • Eric Riebling Co. v. Martin Woodworking Machines, International Court of Arbitration (2004).  Limited claimant to just six percent of damages sought in arbitration proceeding regarding agreement for distribution of machinery.
  • Kismet Arrowood, LLC v. Reliance Insurance Company, N.C. Superior Court (2004).  Obtained summary judgment significantly limiting scope of surety’s liability on performance bond.
  • Nucor Steel Arkansas v. Belgian Scrap Terminal  NVAmerican Arbitration Association (2003).  Obtained significant award in international arbitration proceeding regarding steel scrap supply contracts.
  • Horack v. Southern Real Estate, 563 S.E.2d 47 (2002).  Obtained directed verdict wage & hour act and unfair trade practices claims and jury verdict on fraud claim in real estate brokerage dispute.

Professional Affiliations

  • North Carolina Bar Association