Burr Forman McNair has filed an Amici Curiae Brief with the South Carolina Supreme Court on behalf of 16 business organizations across the state, including state and local Chambers of Commerce and industry associations.
The brief urges the Supreme Court to take up a case in which the State Court of Appeals reinstated a punitive damages award against a major retailor for $4.5 million dollars.
“Punitive” damages are often requested in a lawsuit. They can be awarded only when a defendant’s actions were malicious, fraudulent, or grossly reckless, and they serve as a punishment and deterrent. In South Carolina, punitive damages are capped by a state statute.
On June 1, 2020, the Eleventh Circuit Court of Appeals entered an unpublished, per curiam decision affirming the grant of summary judgment in the U.S. District Court for the Middle District of Florida, Jacksonville division for Pilgrim’s Pride Corporation. The plaintiff, a plant worker in the live shed area, was transferred to a different department after sustaining injuries to his rotator cuff. Plaintiff was subsequently terminated for insubordination after returning to the live shed area against the company’s occupational health department’s recommendations and plaintiff supervisor’s instructions. Plaintiff maintained that he was unlawfully terminated because of race and disability. However, the courts rejected those arguments and dismissed all claims.
Burr’s Jim Gilliam represented Marlboro County, Marlboro County Sheriff’s Office, and Sheriff Charles Lemon in two cases filed by a former deputy sheriff, Raymond Hall, and the former warden, Earl Hood. Hall and Hood worked for the Sheriff’s Office until Lemon was elected Sheriff of Marlboro County in January 2016. Upon taking office, Sheriff Lemon decided not to recommission Hall and Hood under his administration. Sheriff Lemon made this decision because of his desire to fill the Sheriff’s Office with the type of employees that fit within the platform upon which he campaigned and was elected by the people of the County. Sheriff Lemon determined that Hall and Hood did not fit within that platform.
Burr recently represented PRC Laser Corp as the company plans to invest $1.4 million into a new facility in Charleston County, SC. PRC, a company founded in 1985 that builds industrial lasers, produces carbon-dioxide and fiber lasers that are used for cutting and welding. The majority of the plant will be dedicated to fiber laser production, which is the fastest-growing sector of the market positions, on their website.
Burr & Forman remains dedicated to serving as your trusted business partner to help advise and address the unique challenges your industries now face. We have included webinars on specific Labor and Employment-related topics to help answer questions and give insight during these challenging times and will continue to record and share in the days to come.
In a case before the United States Supreme Court, Burr attorneys Cheri Gatlin, Travis Ramey, and Devin Dolive served as part of the legal team for client Outokumpu Stainless USA, LLC and argued against a non-party’s attempt to compel international arbitration in a case governed by the New York Convention. Outokumpu Stainless USA in Calvert, Alabama is part of a group of companies that is one of the world’s largest producers of stainless steel.
Burr & Forman recently claimed a victory for its client CIOX Health, LLC in the United States Court of Appeals for the Sixth Circuit in Faber, et al. vs. CIOX Health, LLC, Case. No. 18-5896 (6th Cir. December 5, 2019). Burr serves as national counsel to CIOX, one of the nation’s largest processors of requests for medical records.
A team from Burr’s appellate litigation group, including Birmingham partner Travis Ramey, Birmingham associate Emily Schreiber, and Columbia associate Grayson Lambert, filed a brief today with the U.S. Supreme Court involving rights-of-way for the pipeline and energy industry. The firm worked alongside South Carolina Congressman Jeff Duncan on the brief, which addresses issues with a recent U.S. Court of Appeals for the Fourth Circuit decision affecting Atlantic Coast Pipeline and the ability to construct pipelines under the Appalachian Trail.
Burr & Forman announces its inclusion on the 2020 AmLaw 200 list by American Lawyer Media (ALM). The AmLaw 200 is a list of the…
On Tuesday, April 21, the U.S. Senate passed the Paycheck Protection Program and Health Care Enhancement Act (the “Enhancement Act”), which is intended to, among…
Columbia-based Counsel Liz Crum was recently featured in South Carolina Super Lawyers Magazine’s cover story that spotlights six female attorneys across the state who helped lead the way for women in the legal industry in the 1970’s.
Included in the feature alongside Crum is Susan Smythe, the first woman in Charleston to make partner and Alice Paylor, the fourth female president of the South Carolina Bar Association.
Burr has kicked off its new podcast series with the Take 5 Immigration Podcast. “Take 5” is a weekly high-level overview of what businesses need to know each week as it relates to immigration. The podcast is hosted by Burr partner Melissa Azallion, from the firm’s Hilton Head Island office. Episode 1 discusses the variety of Presidential Proclamations that have been issued as a result of COVID-19, and the travel bans that have been imposed on the U.S. and other countries. For a full list of our podcasts, please visit Burr’s podcast page.
Burr & Forman continues to grow and evolve to meet the changing business, legal and service needs of our clients.
