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Representative Litigation and Matters
Disclaimer: Attorney Advertising — Prior
results do not guarantee a similar outcome.
Administrative Law
Architect Professional
Liability
Aviation Defense
Business Litigation
Colleges and Universities
Commercial and General
Litigation
Construction Litigation
Dentist Professional
Liability
Education Law
Employment Law
Engineer Professional
Liability
Insurance Coverage
and Representation
Major Automobile Litigation
Pre-Litigation Assistance
Professional
Negligence and Liability Defense
Architects
Attorneys
Dentists
Developers
Engineers
Pharmacists
Physicians
Real Estate Appraisers
Real Estate Litigation
Administrative Law
• In a water and sewer utility ratemaking case before the South Carolina
Public Service Commission, we were successful in gaining approval for a rate
design utilizing a methodology not previously recognized or approved in the
state.
• In a significant enforcement action involving an alleged NPDES permit
violation, we were successful in negotiating with the state agency involved
to avoid significant fines and were heavily involved in the drafting and
implementation of a successful plan of correction.
• Our representation of a general contractor involved an appeal of his
license suspension to the full contractors’ licensing board. After we
asserted various contract defenses to the underlying property owner’s claim
of contract breach and violation of licensing requirements, the board waived
the contractor’s suspension in exchange for the contractor’s payment for the
completion of the project work.
• In a trial before the contractor’s licensing board, we successfully
defended our contractor client against a finding by the residential
homebuilders’ commission of code violations in the construction of a
residence.
• We also have advised South Carolina High School League member schools
regarding athletics eligibility issues.
Architect Professional
Liability
• We obtained summary judgment for our architect client on claims by various
federal building project subcontractors that the architect negligently
failed to ensure that the project contractor paid the plaintiffs for their
work. The trial court agreed with our summary judgment position that the
architect owed the plaintiffs no actionable duty with respect to the project
payments and dismissed the plaintiffs’ claims.
• In a multi-million dollar design and construction defect case, we
achieved for an architectural firm a favorable settlement of claims asserted
by the government entity which owned the projects.
• We defended an architect in an action filed by a homeowners’ association
alleging negligent design and supervision of the construction of a
multi-building condominium complex. After extensive document review and
analysis, we developed a strong statute of limitations defense and resolved
the plaintiff’s claim for less than 3% of its claimed damages.
Aviation Defense
• We represented a fixed-based operator engaged in maintenance and fueling
operations in a downtown airport against a claim by a jet owner that
improper use of a starting mechanism caused mechanical problems with and
damages to the aircraft. Our aggressive defense of this case included
diligent discovery and assertion of a contributory negligence claim against
the owner’s pilot. The plaintiff’s claims were then successfully mediated.
• Our clients, who were formerly engaged in the aircraft industry and leased
hangar space at a coastal airport, were sued by an aircraft owner whose
plane was damaged in a sprinkler system discharge incident. Our effective
use of experts and discovery in this multiparty litigation resulted in our
obtaining a settlement of the plaintiff’s claims before trial.
• We have defended numerous pilots and owners in various air crash claims
and cases involving personal injury and deaths, including a four fatality
crash in which claims against our client were dropped after extensive
litigation.
Business Litigation
• A materials supplier sued our manufacturing client in federal district
court in Georgia, alleging breach of a multi-year supply agreement. Our
aggressive defense and detailed factual understanding of this contentious
case allowed us to negotiate a favorable settlement and release of the
plaintiff’s claim.
• In a contract breach action, we represented an established electrical
contractor who performed electric wiring and cabling work during
construction of an out-of-state manufacturing facility, but who was not paid
for such work by the project’s general contractor. Effective and efficient
discovery and negotiation allowed us to secure an early settlement in an
amount close to our client’s total claimed damages.
• Our manufacturing client filed a declaratory judgment action against an
out-of-state materials supplier in federal district court, seeking a
judicial determination that our client did not breach a supply agreement by
electing to purchase materials directly from a third party. The defendant
counterclaimed for contract breach, fraud, and tortious interference with a
third party contract. We mediated this aggressively-litigated case to a
settlement which was a fraction of the defendant’s demand.
• We represented the majority partner in a joint venture for the
construction of a coastal condominium complex. We secured a judgment against
the joint venture’s minority partner with respect to payment of a settlement
of claims asserted against the venture by the condominium owners’
association.
• In May 2011, we obtained a
sizable jury verdict for a property owner in a case against an industrial
contractor. The matter, which was tried for over a week before a Spartanburg
County jury, involved claims of conversion and unfair trade practices
stemming from the removal of copper wire from the owner’s facility.
Colleges and Universities
• We defended a small liberal arts college and several school administrators
against various tort and Title IX claims asserted by a student who alleged
that she was date raped in a dormitory room by her friend. We obtained
summary judgment on all claims against the school administrators and on all
claims against the college except the plaintiff’s Title IX claim, which we
settled on terms highly favorable to the school.
• Our representation of a university involved our defense of claims asserted
by a former coach and his children for personal injuries, including
traumatic brain injury, sustained in an automobile accident which occurred
on a team trip. Our thorough discovery efforts, use of damages experts, and
diligent defense of this contentious case allowed us to successfully mediate
the plaintiffs’ claims.
• We defended a small liberal
arts college against personal injury claims arising from an injury during an
off-season individual workout. Our diligent defense, including successful
Motions to Dismiss on various causes of action and aggressive discovery,
resulted in successful mediation of Plaintiff’s claims.
Commercial and General
Litigation
• In an action filed in the admiralty division of South Carolina’s federal
district court, we achieved a favorable resolution for a boat owner against
claims asserted by a passenger who was injured while diving off the boat.
• We were retained to prosecute a commercial banking case in federal court
for a foreign corporation. The client was seeking to recover on an
international letter of credit dishonored by a local bank, which alleged it
was a forgery. We were able to try the case to verdict and sought a special
verdict form which invoked insurance coverage for the multi-million dollar
claim.
• We defended a holding company which sold various cemeteries against a
claim by a subsequent purchaser that trust funds from the sale had been mis-apportioned.
This litigation involved multiple parties, a complicated service issue and
application of arbitration rules. After briefing a motion to compel
arbitration to the South Carolina Court of Appeals, we resolved the
plaintiff’s claims at mediation.
• We served as local counsel for a major public utility which obtained a
contract to purchase property for a nuclear energy site. When another public
utility claimed that it held a sales contract for the same property, we
negotiated a creative settlement of the opposing party’s claims and secured
our client’s ability to proceed with its project plans.
• A global textile company retained our firm to prosecute a contract breach
action against an entity which misappropriated earmarked, donated funds for
unauthorized purposes. We effectively litigated this case to a structured
settlement which satisfied our client’s original benevolent purposes for the
use of the contested funds.
• We defended a prominent country club against claims by its senior members
that the club had breached a membership contract by restructuring the club’s
membership categories and benefits. Our thorough understanding and
presentation of the legal issues involved in this case achieved a defense
verdict at trial.
• We represented a major
automobile manufacturer in the global settlement of several hundred claims
brought by consumers against a dealership, lenders and the manufacturer
arising from the dealership's advertising and marketing practices. After the
automobile dealership filed for bankruptcy protection, we worked with a team
of attorneys for other defendants to obtain, as part of the settlement, a
channeling injunction by the bankruptcy court to preclude future consumer
claims arising from the dealership's activities.
• In an aircraft injury case
currently on appeal, we succeeded in obtaining the dismissal of our client,
an out of state manufacturer, for lack of personal jurisdiction.
• We obtained dismissal of state
court claims against a major food production company, related to alleged
discrimination of the basis on race and disability.
Construction Litigation
• A homeowner who purchased an existing, EIFS-clad home constructed by our
homebuilder client sued, asserting various construction defect, warranty and
contract breach claims. Our diligent discovery efforts revealed factual
weaknesses in the plaintiff’s claims and a strong statute of limitations
defense, allowing us to move for summary judgment before mediation and
prompting a favorable settlement of the plaintiff’s claims.
• We represented a stucco installer in a construction defect claim filed
with respect to an existing home constructed ten years before suit was
filed. Through discovery, we learned that our client had not performed work
on the subject house, and we subsequently secured the dismissal of the
plaintiff’s claims.
• Our representation of a residential builder involved claims by the
plaintiff homeowners that the EIFS, windows and doors on their home were
negligently installed and defective. After pursuing discovery and examining
potential third party liability, we negotiated a settlement of the
plaintiffs’ claims that was favorable to our client.
• Our firm defended and favorably resolved contract breach and warranty
claims asserted by a condominium owners’ association and general contractor
related to our client's installation of a roof at a luxury oceanfront
residential complex. In addition to aggressively defending the claims
against our client, we pursued indemnification claims against a
subcontractor that installed a portion of the roof, and succeeded in
obtaining the dismissal the claims against our client related to that
portion of the roof through a settlement payment made by the subcontractor.
• Our firm defended a project
engineer against negligence and warranty claims asserted by an owner of an
apartment complex in which the plaintiff alleged more than $10,000,000 in
damages arising from structural issues with the apartment buildings. In
defending these claims, we presented the plaintiff with a favorable
assessment of our insured's work by an expert witness and were able to
obtain a favorable early settlement of the claims against our client.
Dentist Professional Liability
• Our firm represented a dentist in a malpractice action asserted by a
former patient who claimed that our client negligently failed to prescribe
antibiotics after a tooth extraction. We moved for summary judgment on the
basis that the plaintiff lacked the expert medical testimony necessary to
maintain her negligence claim, and secured the voluntary dismissal of the
plaintiff’s claim.
• An organization providing dental hygiene services to public school
students sued our client, a practicing dentist, and various other parties
for alleged defamation, tort and anti-trust violations relating to a school
system’s refusal to utilize the plaintiff’s services. We effectively
employed discovery to minimize our client’s liability exposure in relation
to the co-defendants and to achieve a creative settlement for our client.
• We defended a dentist who was involved in an automobile accident against
personal injury and wrongful death claims, and successfully mediated those
claims to a settlement.
• We obtained summary judgment in favor of a dentist who was alleged to have
negligently provided a metal tooth filling to a patient with an allergy to
that metal.
Education Law
• We represented a bond-holder before a School Board on an issue of
athletic facility construction. Our firm successfully argued for
commencement of construction on an athletic stadium, in order to prevent the
Board’s bonds from losing their tax-exempt status under the arbitrage
provisions of the Internal Revenue Code.
• We advised a public high school regarding an transfer student’s athletic
eligibility under the regulations of the South Carolina High School League.
• We advised a public high school regarding formation of a tax-exempt
non-profit corporation for fundraising and support of educational and
extracurricular programs.
• We advised a public school district regarding compliance with the South
Carolina Employment and Dismissal of Teachers Act.
• We defended a small liberal arts college and several school administrators
against various tort and Title IX claims asserted by a student who alleged
that she was date raped in a dormitory room by her friend. We obtained
summary judgment on all claims against the school administrators and on all
claims against the college except the plaintiff’s Title IX claim, which we
settled on terms highly favorable to the school.
• Our representation of a university involved our defense of claims asserted
by a former coach and his children for personal injuries, including
traumatic brain injury, sustained in an automobile accident which occurred
on a team trip. Our thorough discovery efforts, use of damages experts, and
diligent defense of this contentious case allowed us to successfully mediate
the plaintiffs’ claims.
• Our representation of a small liberal arts college involves our defense of
claims asserted by a former athlete for personal injuries sustained in a
sport-related workout. Our representation includes a thorough analysis of
applicable NCAA regulations and duties owed by athletic personnel.
Employment Law
• Through careful drafting of an underlying contract, we were able to
enforce and defend a non-competition and non-solicitation covenant against
numerous non-shareholder employees of a biotechnology firm.
• We assisted in the investigation of a multi-person drug diversion ring in
a large hospital system. Through careful review of various forms of narcotic
administration documentation and other investigative techniques, we enabled
the apprehension of this group, and participated in their criminal
prosecution as well as in the resulting licensure actions.
• We represented a local government entity in defending EEOC charges filed
by two former employees claiming sex and race discrimination.
Engineer Professional
Liability
• Construction workers who sustained electrical shock injuries during
construction of a trunk sewer sued our client, the engineering firm which
designed the project, alleging negligence and design deficiencies. A
vigorous defense and thorough understanding of the complex legal issues of
this case allowed us to negotiate a global settlement of the plaintiffs’
claims.
• Our defense of an engineer who designed a marina breakwater involved
defective design claims initially asserted by the general contractor who
installed the breakwater in a marina. After discovering that the plaintiff
had modified the engineer’s original breakwater design prior to
installation, we secured for our client an extremely favorable settlement of
the plaintiff’s claims.
• Our representation of an engineer includes its defense of claims that it
negligently designed a multi-story apartment building. We are currently
working with an expert to defend our client’s design and are contesting the
causation element of Plaintiff’s negligence and warranty breach claims.
• In another pending case, we represent an engineer who contracted with a
county to manage and oversee road construction performed under a global
highway initiative. We are defending negligent design and oversight claims
asserted by the plaintiffs, who were injured in a traffic accident which
occurred on a roadway under construction.
• We are currently defending an
engineering firm against multi-million dollar construction defect and water
intrusion claims involving a coastal condominium project. We are
aggressively defending our client's scope of work and its fulfillment of its
professional duty through active discovery and our use of expert witnesses.
Insurance Coverage and
Representation
• Our direct defense of an insurer involves claims by a professional insured
that the insurer breached its policy provisions by representing the
plaintiff under a reservation of rights in an underlying probate court
matter and by refusing to defend the plaintiff’s appeal of the probate
court’s order. We have engaged in focused discovery aimed at obtaining
summary judgment of the plaintiff’s claims on the basis of waiver and the
policy’s express coverage terms.
• We regularly analyze insurance policy coverage of general contractors and
subcontractors for claims regarding faulting workmanship on various types of
construction projects.
• Our policy coverage opinion work also frequently includes analyses of the
application of intentional acts and business risk exclusions.
• Whether policy coverage exists for defamation claims is frequently among
the analyses we provide our insurance clients.
• Our representation of an insurer in federal court involved claims by a
general contractor for coverage under CGL policies related to the general
contractor’s improper use of an HVAC system during construction and the
analysis of whether there was an “occurrence” under the polices under a
recent state Supreme Court decision, as well as the analysis of numerous
policy exclusions, including a comprehensive mold exclusion.
• In a negligence action brought
by plaintiffs injured in an automobile accident, we defended the installer
of a steering column ball joint which the plaintiffs maintained was
negligently designed and installed and obtained a favorable resolution for
our client.
Major Automobile Litigation
• We represented a regional hospital in a wrongful death claim arising out
of an accident involving a hospital transport vehicle. Our defense of this
suit involved tort claims limitations and resulted in the successful
settlement of the plaintiff’s claim.
• We defended an insured dentist in automobile accident litigation involving
the death of a viable fetus, resolving the plaintiffs’ claims at mediation.
• Our thorough discovery efforts and use of expert witnesses allowed us to
successfully mediate for a university claims asserted by a former coach and
his children for personal injuries, including traumatic brain injury,
sustained in an automobile accident which occurred on a team trip.
• In a pending negligence action brought by plaintiffs injured in an
automobile accident, we are defending the installer of a steering column
ball joint which the plaintiffs maintain was negligently designed and
installed.
Pre-Litigation Assistance
• Our firm provides effective and efficient pre-litigation assistance to
architects and engineers who have been put on notice that negligence claims
may be asserted against them. We attempt to resolve these matters favorably
to our clients before litigation ensues through the use of factual review,
claims analysis, and negotiation.
• Aircraft accidents often may be resolved with legal assistance before
litigation arises. We provide our aviation clients factual analysis,
liability assessments and negotiation opportunities to effectively settle
potential cases before suit is filed.
• We provide physicians, dentists, and other professionals counsel regarding
matters including contract interpretation and disputes, subpoena responses,
potential liability exposure, and expert witness testimony.
• Business owners frequently consult with our firm’s attorneys on pre-suit
matters involving contracts, employee relations, business dissolutions and
disputes, and other commercial matters. We combine legal guidance with
practical advice in assisting our clients with making reasoned decisions to
settle disputes and avoid litigation.
• We also engage in pre-litigation assistance of potential litigants in
major car accident matters involving catastrophic injuries and death. We
assist our clients in factual investigation and liability exposure
assessment in an attempt to avoid litigation.
Professional
Negligence
• In a federal district court
action brought by a current property owner against the former owner and an
engineering firm that performed a pre-purchase Phase I environmental site
assessment, we represent the engineering firm against professional
negligence, breach of warranties and breach of contract claims related to
soil and groundwater contamination discovered at the property post-purchase.
• We obtained the dismissal of a
professional negligence claim against an architectural firm. Under current
South Carolina law, a plaintiff who brings claims asserting professional
negligence against certain classes of professionals must file an affidavit
of an expert witness which sets forth at least one allegation of negligence
based on the available facts. Plaintiffs failed to file such an affidavit,
and we prevailed on a Motion to Dismiss Plaintiffs' claims.
• We obtained the dismissal of third-party breach of contract and breach of
warranty claims against a professional engineering firm. The third-party
plaintiff failed to file the expert affidavit required to assert
professional negligence claims under South Carolina law, and we prevailed on
a motion to dismiss those claims.
Professional
Negligence and Liability Defense
Architects
• We obtained summary judgment for our architect client on claims by various
federal building project subcontractors that the architect negligently
failed to ensure that the project contractor paid the plaintiffs for their
work. The trial court agreed with our summary judgment position that the
architect owed the plaintiffs no actionable duty with respect to the project
payments and dismissed the plaintiffs’ claims.
• We successfully negotiated a favorable pre-trial settlement for an
architectural firm which designed several school building projects, and
which was sued by a government entity in a multi-million dollar design and
construction defect case.
• We defended an architect in an action filed by a homeowners’ association
alleging negligent design and supervision of the construction of a
multi-building condominium complex. After extensive document review and
analysis, we developed a strong statute of limitations defense and resolved
the plaintiff’s claim for less than 3% of its claimed damages.
Attorneys
• We obtained summary judgment for an attorney who was sued for alleged
professional negligence and negligent misrepresentation related to a real
estate closing.
• We have successfully defended attorneys accused of various professional
negligence, including a recent suit filed against two attorneys based on the
alleged negligence of a former partner, who failed to timely file case
pleadings.
• We also represent a developer client in a suit alleging legal malpractice
by the attorney who performed an out-of-state real estate closing.
• We obtained summary judgment
for an attorney who was sued for alleged professional negligence and
negligent misrepresentation related to a real estate closing. In that case,
the plaintiff claimed to have relied to his detriment on a statement by our
client related to the satisfaction of an outstanding mortgage. We
successfully defended our client by asserting principles of agency law and
by relying on South Carolina statutes governing the satisfaction of
mortgages.
Dentists
• Our firm represented a dentist in a malpractice action asserted by a
former patient who claimed that our client negligently failed to prescribe
antibiotics after a tooth extraction. After we moved for summary judgment on
the basis that the plaintiff lacked the expert medical testimony necessary
to maintain her negligence claim, the plaintiff dismissed her claim.
• In a multi-party tort, unfair trade practices and anti-trust action, we
defended a dentist against claims that he defamed a business which sought to
perform hygiene services in a local school system. We negotiated a creative
settlement for our client which disposed of the plaintiff’s claim against
him.
• We defended a dentist who was involved in an automobile accident against
personal injury and wrongful death claims, and successfully mediated those
claims to a settlement.
• We are currently defending a dentist against a claim that he negligently
provided a metal tooth filling to a patient with an allergy to that metal.
Developers
• We defended a developer against claims a homebuilder asserted for contract
breach, unfair trade practices, tort and anti-trust activities in relation
to the builder’s model home and spec home building in a residential
neighborhood. Our diligent discovery efforts and sustained defense of this
contentious case allowed us to achieve a settlement favorable to our client.
• We achieved a favorable settlement for a developer against fraud, unfair
trade practices, breach of fiduciary duty and slander of title claims
asserted by neighborhood residents in relation to a homeowners association’s
existence and management.
Engineers
• Construction workers who sustained electrical shock injuries during
construction of a trunk sewer sued our client, the engineering firm which
designed the project, alleging negligence and design deficiencies. A
vigorous defense and thorough understanding of the complex legal issues of
this case allowed us to negotiate a global settlement of the plaintiffs’
claims.
• We recently obtained summary
judgment in a personal injury case brought by a plaintiff injured in an
automobile accident in a highway construction zone on which our client had
construction management responsibilities. Plaintiff had previously received
a settlement from a third-party associated with the accident and had signed
a global release that we successfully argued constituted a release of the
plaintiff’s claims against our client.
• Our defense of an engineer who designed a marina breakwater involved
defective design claims initially asserted by the general contractor who
installed the breakwater in a marina. After discovering that the plaintiff
had modified the engineer’s original breakwater design prior to
installation, we secured for our client an extremely favorable settlement of
the plaintiff’s claims.
• Our firm
achieved a favorable result for a defendant project engineer in a negligence
and breach of warranty action filed by an apartment complex owner who
claimed more than $10,000,000 in damages arising from structural issues with
the apartment buildings.
• In another pending case, we represent an engineer who contracted with a
county to manage and oversee road construction performed under a global
highway initiative. We are defending negligent design and oversight claims
asserted by the estate of a woman who was killed in a traffic accident that
occurred on a roadway under construction.
• We are currently defending an
engineering firm against multi-million dollar construction defect and water
intrusion claims involving a coastal condominium project. We are
aggressively defending our client's scope of work and its fulfillment of its
professional duty through active discovery and our use of expert witnesses.
Pharmacists
• We were able to intervene before suit and settle a pharmacist
professional negligence action resulting from the dispensing of an ordered
medication in a concentrate, instead of the ordered suspended solution. The
patient ultimately died, leaving behind dependent children and over one
million dollars in medical costs. We were able to settle the case, using a
structured settlement, to the client’s satisfaction.
Physicians
• We defended a physician in an action filed by a former partner’s
competing medical services business, alleging defamation and tortious
interference with contractual relations. Our diligent defense of and
discovery efforts in this case allowed us to obtain the plaintiff’s
voluntary dismissal of its claims.
• We obtained a defense verdict in a medical negligence suit against a
general surgeon alleging lack of informed consent before prostate surgery.
• Our physician client was sued by a business partner for defamation and
dissolution of the parties’ medical services business and land holding
partnership. Mediation of this contentious matter ultimately led to a
structured settlement of the plaintiff’s claims which was advantageous to
our client.
Real Estate Appraisers
• We represented a real estate appraisal firm against a claims by homeowners
that the firm submitted inaccurate inspection reports to their mortgage
lender in relation to the construction of their home, which caused the
lender to over-disburse construction funds to the homebuilder. Our factual
investigation and reasoned assessment of the plaintiffs’ claimed damages
achieved an efficient and favorable settlement for our client.
Real Estate Litigation
• We represented a real estate firm against claims by a homeowners’
association for mismanagement of a condominium complex which the plaintiff
claimed resulted in severe water and termite damage to the property. Our
detailed factual investigation and understanding of the plaintiff’s claims
allowed us to successfully mediate those claims to a settlement.
• We currently are defending a commercial property owner against a personal
injury claim asserted by the employee of a building tenant and her spouse.
We are working through discovery and with medical experts to contest the
causation and damages elements of the plaintiffs’ claims and are exploring a
possible summary judgment motion based on an independent contractor defense.
• We represented a real estate appraisal firm against a claims by homeowners
that the firm submitted inaccurate inspection reports to their mortgage
lender in relation to the construction of their home, which caused the
lender to over-disburse construction funds to the homebuilder. Our factual
investigation and reasoned assessment of the plaintiffs’ claimed damages
achieved an efficient and favorable settlement for our client.
• We defended a developer against claims a local homebuilder asserted for
contract breach, unfair trade practices, tort and anti-trust activities in
relation to the builder’s model home and spec home building in a residential
neighborhood. Our diligent discovery efforts and sustained defense of this
contentious case allowed us to achieve a settlement favorable to our client.
Disclaimer: Attorney Advertising — Prior
results do not guarantee a similar outcome.
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