Team Skills & Experience:
- The team has briefed and argued matters before the federal and state appellate courts
- The team advises trial attorneys during initial trials and prior to appellate actions
- Team attorneys have been recognized by Best Lawyers in the America
- The team has represented clients in matters related to product liability, insurance coverage, and general litigation
GWB’s Appellate Team attorneys have extensive experience briefing and arguing before the federal and state appellate courts. Team members have obtained opinions affecting areas such as product liability and insurance coverage law, as well as general litigation issues such as the proper venue for all civil cases filed in South Carolina. The Appellate Team has submitted numerous amicus or “friend of the court” briefs for organizations including the South Carolina Chamber of Commerce, the Defense Research Institute, and the South Carolina Manufacturers’ Alliance.
GWB appellate lawyers also proactively assist trial attorneys long before a case reaches the steps of the appellate courts. A sample of the team’s recent work includes:
- In 2014, successfully represented product manufacturer before the South Carolina Court of Appeal which affirmed the order granting summary judgment.
- Served as appellate and motions counsel for product manufacturer in toxic tort (asbestos) trial during October 2014 in which jury returned a defense verdict.
GWB attorneys have appellate clerkship experience and multiple oral arguments under their belts. Their experience also includes the writing of articles and the presentation of issues relevant to today’s legal environment. A sample of the team’s work over the years is below:
- “Testing the Test: One Test Does Not Fit All,” International Association of Defense Counsel, Appellate Group, July 2013
- Ethics in Appellate Practice, Appellate Advocacy Seminar presented by South Carolina Chapter of the Federal Bar Association, Spring 2012
- Error Preservation in the State and Federal Systems, 2010 South Carolina Bar Convention
Representative Appeals and Experience
South Carolina State Court Cases:
- Skipper v ACE, Op. No. 27547 (S.C. Supreme Court filed July 15, 2015)
- Holland v. Morbark, Inc., 407 S.C. 227, 754 S.E.2d 714 (Ct. App. 2014) (affirming summary judgment to product manufacturer)
- Priester v. Cromer, 388 S.C. 425, 697 S.E.2d 567, aff’d 401 S.C. 38, 736 S.E.2d 249 (2012) (federal regulation regarding vehicle glazing materials preempted plaintiff’s state law product liability claim.)
- In Re: Hollman v. Dr. Jonathon Woolfson, et al., and Danielle Hollman v. Dr. Jonathon Woolfson, et al., Opinion No. 27280, 2013 WL 3366668 (S.C. Sup. Ct. filed July 3, 2013) (Shearouse Adv. Sh. No. 30 at 15)
- Stephens v. CSX Transportation, No. 2004-CP-25-00267 (S.C. Ct. App. 2012) (affirming defense verdict in railroad crossing case).
- Travis A. Roddey, individually and as the personal representative of the Estate of Alice Monique Beckham Hancock, deceased v. Wal-Mart Stores, East, LP, U.S. Security Associates, Inc., and Derrick L. Jones, 400 S.C. 59, 732 S.E.2d 635 (Ct. App. 2012)
- B.M.W. of North America v. Colony Insurance Co., No. 5012 (S.C. Ct. App. 2012) (holding additional insured on vendor’s liability policy not entitled to bring bad faith action against insurer in connection with claim brought against named insured).
- Dill v. Colony Insurance Co., pending before the South Carolina Court of Appeals (negligent procurement of insurance claim involving assault and battery exclusion).
- Ferguson Fire & Fabrication, Inc. v. Preferred Fire Prot., LLC, 397 S.C. 379, 725 S.E.2d 495 (Ct. App. 2012), reh’g denied (May 2, 2012).
- City of Cayce v. Norfolk S. Ry. Co., 391 S.C. 395, 706 S.E.2d 6 (2011) (affirming finding that city ordinance was preempted by Interstate Commerce Commission Termination Act).
- Cavender v. MASCO Corporation, et al., No.: 2011190446 (S.C. Ct. App. 2011) (appeal involving subrogation statute).
- McClurg v. Deaton, 395 S.C. 85, 716 S.E.2d 887 (2011) (upholding Court of Appeals’ affirmation of trial court’s ruling on default judgment).
- Sapp v. Ford Motor Co., 386 S.C. 143, 687 S.E.2d 47 (2009) (Economic Loss Rule precludes tort actions by buyers for purely economic loss).
- Mitchell v. Fortis, 358 S.C. 570, 686 S.E.2d 276 (2009) (wrote amicus brief for DRI in punitive damages appeal).
- Phillips v. Eckerds, et al., C.A. No. 04-CP-29-219 (Ct. App. 2008) (appeal from pharmaceutical prescription case).
- McClurg v. Deaton, 380 S.C. 563, 671 S.E.2d 87 (Ct.App. 2008) (affirmation of trial court’s ruling on default judgment).
- Coakley v. Horace Mann Insurance Co., 376 S.C. 2, 656 S.E.2d 17 (2007) (reversing SC Court of Appeals and holding car was not a “non-owned” vehicle for which named insured’s policies would provide excess liability coverage).
North Carolina State Court Cases:
- Edwards v. Hackney, No. 12-1146, 741 S.E.2d 925 (Table), available at 2013 WL 1899174 (N.C. Ct. App. May 7, 2013)
- Aetna Health of the Carolina, et al, v. Piedmont Endocrinology Medical Associates, P.A., 713 S.E. 2d 792 (Table) (N.C. Ct. App. 2011).
Federal Court Cases:
- McKenzie v. Norfolk Southern, No. 10-1829 (4th Cir.), Busbee v. Norfolk Southern Ry. Co., No. 12-1247 (4th Cir.) (pending appeals concerning injunction of state court litigation in violation of federal class action).
- Dickerson v. TLC The Laser Eye Center, No. 12-1117 (4th Cir.) (pending appeal concerning district court’s dismissal of RICO claims) (also pending state appeals).
- Liberty Mutual Insurance Co. v. Canal Insurance Co., pending before the Sixth Circuit Court of Appeals (insurer versus insurer claim for defense costs in underlying tort action; definition of tender; pre-judgment interest).
- In re Receiver, 11-1642, 2012 WL 2108681 (4th Cir. June 12, 2012) (affirming district court’s ruling in favor of federal receiver represented by GWB); see also In re Receiver, 11-1265 (4th Cir. June 13, 2011) (prior appeal).
- United States v. Munson, 08-2065, 2012 WL 1302601 (4th Cir. Apr. 17, 2012) (appeal of federal civil forfeiture action).
- Simmons v. Danhauer & Associates LLC, 11-1572, 2012 WL 1237795 (4th Cir. Apr. 13, 2012) (affirming district court’s grant of summary judgment to internet auction site represented by GWB).
- Marlar v. Warden, Tyger River Corr. Inst., 432 F. App’x 182 (4th Cir. 2011) (federal habeas appeal of state court conviction).
- In re Liotti, 667 F.3d 419 (4th Cir. 2011).
- Sanders v. Norfolk S. Ry. Co., 400 F. App’x 726 (4th Cir. 2010) (affirming dismissal of class action complaint by those claiming evacuation and inconvenience expense stemming from train derailment).
- Super Duper, Inc. v. Mattel, Inc., 382 F. App’x 308 (4th Cir. 2010) (appeal from jury verdict in trademark infringement action).
- Carden v. Aetna Life Ins. Co., 599 F.3d 256 (4th Cir. 2009) (affirming plan administration in ERISA appeal).
- Smith v. United States Postal Service, 540 F.3d 1364 (Fed. Cir. 2008) (successfully represented veteran in appeal involving federal Uniformed Services Employment and Reemployment Rights Act (USERRA)).
- United States v. Mitchell, 518 F.3d 230 (4th Cir. 2008) (reversal of white collar criminal conviction).
- Moore v. Bennette, 517 F.3d 717 (4th Cir. 2008) (federal civil rights).
- McGee v. City of Greenville, 2008 WL 399000 (4th Cir. 2008) (successfully defended municipality against claim under Americans with Disabilities Act (ADA)).
- Lanier v. Norfolk Southern Corp., 2007 WL 4270847 (4th Cir. 2007); Self v. Norfolk Southern Corp., 2008 WL 410284 (4th Cir. 2008) (affirming dismissal of complaint by employees claiming disruption of employment by train derailment).
Summary Judgment Affirmed By Appellate Court In Products Liability Case
GWB attorneys Curtis Ott and Laura Jordan have a summary judgment in a client’s products liability case affirmed by the South Carolina Court of Appeals.