Class Action

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Team Skills & Experience Brief:

  • Best Law Firms, Tier 1 Ranking, Mass Tort Litigation/Class Actions – Defendants, Greenville and Columbia, South Carolina, offices.
  • GWB served as lead defense counsel in the largest class action lawsuit in South Carolina.
  • The team was lead counsel in the only case classified for Multi-District Litigation in South Carolina.
  • The team was the first to have a case dismissed in South Carolina under the Class Action Fairness Act (CAFA).
  • Daniel B. White and John T. Lay are ranked in Chambers USA, America’s Leading Lawyers for Business.
  • 2014 Best Lawyers in America, Lawyer of the Year – Bet-the-Company Litigation, Columbia, Gray Culbreath

Class Action Team

A class action is a lawsuit brought by one or more plaintiffs on behalf of a large group of others who have a common legal claim. The Class Action Team at GWB defends companies and major corporations against the most significant complex class actions. In recent years, the team has represented clients in a broad range of class actions related to catastrophic chemical releases, mass torts, consumer fraud, insurance claims, and healthcare law claims.  With over 158 years of combined legal experience, GWB’s Class Action Team’s experience encompasses a variety of fields, including:

  • Building Materials
  • Commercial Transportation
  • Healthcare
  • Pharmaceuticals
  • Products Liability
  • Insurance
  • Toxic Chemicals
  • Unfair Trade Practices

Court House B - MedThe Class Action Team has handled a number of high profile class claims. GWB has served as lead defense counsel in the largest class action lawsuit in South Carolina, lead counsel in the only case classified for Multi-District Litigation in the state, and defended a Fortune 500 Company in a toxic shock syndrome trial. The firm was also the first to have a case dismissed in South Carolina under the Class Action Fairness Act (CAFA). Shortly after this first dismissal, GWB had seven more class action suits removed within a one-month period.

Most notably, Gallivan, White & Boyd’s attorneys managed the litigation following the Graniteville train derailment. In January 2005, over 4,000 people were affected by a train derailment in Graniteville, South Carolina, and the subsequent release of pressurized chlorine gas.  GWB represented the Class I railroad in a variety of lawsuits, including two settlement-only class action lawsuits.  Both suits were negotiated and approved in federal court, and over 2,000 claims were resolved. At trial and appellate levels, the team’s attorneys also defeated several attempts to certify class actions against the railway company.

The team’s clients are located throughout the country.  They include well-known publicly traded companies, privately held corporations, and Fortune 500 companies. A sample of these clients include:

  • AIG
  • Bayer
  • Norfolk Southern
  • Blue Cross Blue Shield of South Carolina
  • CSX
  • Guardian Building Products
  • Hartford Insurance
  • Zurich Insurance Company

Emergency Response

Class Action team members have the experience and skill needed to guide clients in the event of an emergency or catastrophic accident. GWB attorneys have been involved in advising clients as well as directing all aspects of the emergency response.  The team is available at all hours for immediate response should an incident occur. Additionally, team members are adept in evidence preservation, post-accident investigations, and the resulting litigation that arises out of the incident.  This includes trying cases to verdict in both state and federal court.

Team Members

Notable Cases

  • Defended an insurance company in South Carolina state court class action when a group of network providers challenged its reimbursement practices.
  • Represented an insurance company as local counsel in a federal court class action when a group of non-physician providers challenged reimbursement practices of the insurer.
  • Currently serves as lead counsel of a dry wall distributor in a nation-wide class action law suit.
  • Defended a Japanese company in a national class action alleging a food additive was dangerous and caused specific physical symptoms.
  • Defended a medical provider in a federal court class action when individuals alleged fraud and RICO violations to conceal patients’ true condition.
  • Represented an insurance company in a federal court class action when insureds alleged improper reimbursement practices by their insurer in reimbursing facility providers.
  • Defended an insurance company in a state court when a class action was brought by an insured alleging that the amount collected from her in an exercise of the company’s subrogation right exceeded the cost of her medical bills.
  • Served as counsel for an insurance company in a class action suit brought by policyholders alleging that the insurer breached its fiduciary duties by failing to declare a dividend to policyholders.
  • Represented a water district against plaintiffs who sought to establish class action regarding billing practices.
  • Served as local counsel for an insurance company in a federal court class action when physician providers challenged reimbursement practices of the company.

Key Contacts

Danny White - Current - Web3

Daniel B. White

Shareholder
Greenville, SC
Culbreath Bio Website HS 10-7-13

Gray T. Culbreath

Shareholder
Columbia, SC
Lay New Bio HS 12-5-13

John T. Lay, Jr.

Shareholder
Columbia, SC

GWB Defeats Certification Of Class Action In SC Multi-Vitamin Litigation

GWB attorneys defended a healthcare company in a class action case seeking damages alleging false and misleading marketing of the company’s multi-vitamins.

GWB Defends Largest Property Damage Claim in South Carolina History

One of the most significant cases undertaken by the Business and Commercial Litigation Team was Avondale Mills v. Norfolk Southern Railway Company.