Representative Litigation and Matters

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Administrative Law
Architect Professional Liability
Aviation Defense
Business Litigation
Colleges and Universities
Commercial and General Litigation
Construction Litigation
Dentist Professional Liability
Education Law
Engineer Professional Liability
Insurance Coverage and Representation
Local Government Law
Major Automobile Litigation
Pre-Litigation Assistance
Professional Negligence and Liability Defense

Architects
Attorneys
Dentists
Developers

Engineers
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.

• We obtained transfer from federal court to state court and a subsequent dismissal with prejudice of claims against a County Government on allegations of improper maintenance of an airport, based on application of principles from the S.C. Tort Claims Act.

• We obtained a dismissal of property damage claims against a regional airline, based on a finding of no private right of action under the Air Carrier Access Act, as well as a finding of the inapplicability of the Americans With Disabilities Act to airlines.

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 jury verdict for actual damages, punitive damages and attorney’s fees, exceeding $600,000 for an industrial facility owner which suffered unauthorized removal of copper wiring by an area contractor. The damages were awarded for conversion and for violations of the S.C. Unfair Trade Practices Act.

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

• We recently secured the dismissal of an action for abuse of process based on the expiration of the statute of limitations.

• Our firm represented a real estate agent in a negligence-based action filed by a former client, who claimed that the agent induced her to make unwise property purchase and failed to manage her properties and related bank accounts in a proper manner. With aggressive discovery and the development of a strong contributory negligence position, we were able to secure a timely and reasonable settlement for our client at mediation.

• 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, we succeeded in obtaining the dismissal of our client, an out of state manufacturer, for lack of personal jurisdiction.


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.

• We obtained Partial Summary Judgment for a Residential Homebuilder on claims for rescission and for claims brought under the Implied Warranty of Habitability, based on a finding that the plaintiffs waived those rights. The court found a waiver of the implied warranty of habitability based on an express warranty granted to the plaintiffs upon their purchase of the home at issue.


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.

• We represented a small liberal arts college against claims asserted by a former athlete for personal injuries sustained in a sport-related workout. Through discovery and by undertaking a thorough analysis of applicable NCAA regulations and duties owed by athletic personnel, we obtained a favorable mediated result for our client.


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.

We obtained a favorable mediated settlement for an engineer who contracted with a county to manage and oversee road construction performed under a global highway initiative. The plaintiff in that case, which was the estate of a woman who was killed in a traffic accident that occurred on a roadway under construction, had asserted negligent design and oversight claims against our client.

• 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

• We obtained summary judgment for an insurer against 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. Our successful summary judgment motion was based on 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.

Local Government Law

• We successfully represented a school district’s bondholder before a school board in an effort to prevent tax-free municipal bonds from being converted to arbitrage bonds, based on the school board’s failure to construct projects required under the bond program.

Major Automobile Litigation

• 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.


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 and Liability Defense

Architects

• 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 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.

• 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.

After serving as the architect of record for the construction of a high-rise condominium project, our client was sued for alleged negligent design and supervision of construction. Directed discovery and effective claim evaluation allowed us to maximize our client’s settlement position at mediation with the project owners and co-defendants, and to achieve a global settlement with a relatively minimal contribution by our client.

• We obtained summary judgment for a landscape architecture firm on claims of professional negligence and breach of implied warranties, related to a condominium development, based on the failure of Plaintiffs and cross-claimants to present expert testimony to support claims against the landscape architecture firm.

• In an arbitration, we successfully asserted the economic loss doctrine to prevent an architect from facing joint and several liability for a general contractor’s delicts in the construction of a governmental office building.

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 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 obtained a reasonable settlement in a case filed against a dentist client, in which a patient claimed that the dentist negligently provided the patient a metal tooth crown, when the patient was allergic 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

• 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.

• 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 obtained for the engineering firm a highly favorable settlement of the claims asserted for professional negligence, breach of warranties and breach of contract claims related to soil and groundwater contamination discovered at the property post-purchase.

• 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 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. 

We obtained a favorable mediated settlement for an engineer who contracted with a county to manage and oversee road construction performed under a global highway initiative. The plaintiff in that case, which was the estate of a woman who was killed in a traffic accident that occurred on a roadway under construction, had asserted negligent design and oversight claims against our client.

• We defended an engineering firm against multi-million dollar construction defect and water intrusion claims involving a coastal condominium project. We aggressively defended our client's scope of work and its fulfillment of its professional duty through active discovery and our use of expert witnesses, and obtained a mediated settlement of those claims.

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.

• 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

• Our firm represented a real estate agent in a negligence-based action filed by a former client, who claimed that the agent induced her to make unwise property purchase and failed to manage her properties and related bank accounts in a proper manner. With aggressive discovery and the development of a strong contributory negligence position, we were able to secure a timely and reasonable settlement for our client at mediation.

• 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 defended a commercial property owner against a personal injury claim asserted by the employee of a building tenant and her spouse. Through aggressive discovery and the use of a medical expert to contest the causation and damages elements of the plaintiffs’ claims, we were able to obtain a favorable mediated settlement of that case.

• 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.

• We obtained summary judgment for a real estate agent on claims that she negligently misrepresented the condition of a lot she listed for sale. We obtained the ruling by proving the truth of her statements, and by demonstrating that the plaintiffs could not have relied on any comments of the realtor, based on the language of the contract for sale.


 

Disclaimer: Attorney Advertising — Prior results do not guarantee a similar outcome.

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Insurance Defense, Construction Litigation, Products Liability, Insurance Litigation,  Aviation Litigation and Business Litigation,  Insurance Defense, Construction Litigation, Products Liability, Insurance Litigation, Aviation Litigation and Business Litigation