On October 5th, the Supreme Court reinstated the requirement that South Carolina’s absentee ballots must be accompanied by a witness’s signature in this year’s General Election. Under the law, voters returning mail-in ballots swear an oath printed on the return envelope that confirms they are eligible to vote and that the ballot inside is theirs. The oath has to be witnessed by another person with the witness’s signature and address below the voter’s.
Through a bond issued by the South Carolina Jobs-Economic Development Authority (“JEDA”), St. Joseph’s/Candler Health System is able to expand its services to a new medical campus in Bluffton, South Carolina. The tax-exempt Hospital Revenue Bonds, totaling approximately $19 million, will be used to finance and refinance the acquisition of land, buildings, and equipment needed to consolidate oncology services in one location for the new medical campus.
Burr’s Michael Seezen served as South Carolina co-Bond Counsel for this project.
On June 24, 2020, The Tennessee Board of Parole voted unanimously to recommend that Gov. Bill Lee exonerate Adam Braseel, who spent a dozen years in prison for a killing he’s always maintained he did not commit.
Following a nearly seven-hour hearing led by Nashville partner Alex Little and associate Zack Lawson, the Tennessee Board of Parole voted unanimously to recommend that Governor Bill Lee exonerate Braseel.
In December 2019, a team from Burr’s appellate litigation group, working alongside South Carolina Congressman Jeff Duncan and sixty-one other members of U.S. House of Representatives, filed a brief in the U.S. Supreme Court to facilitate domestic energy transportation. The case involved a right-of-way under the Appalachian Trail in the George Washington National Forest for Atlantic Coast Pipeline’s 604-mile natural gas pipeline from West Virginia to North Carolina.
On June 15, 2020, the U.S. Supreme Court reversed the Fourth Circuit’s decision that had blocked the construction of the natural gas pipeline. The decision is a significant victory for the energy industry. The Atlantic Coast Pipeline is a multi-billion dollar venture by Dominion Energy and Duke Energy. Upon its completion, the pipeline could carry as much as 1.5 billion cubic feet of natural gas per day to customers in North Carolina and Virginia.
Burr & Forman has established a dedicated team to counsel individuals, businesses and financial institutions in government audits, investigations and defense-related to the Paycheck Protection Program (PPP) and Coronavirus Aid, Relief and Economic Security (CARES) Act. The PPP and CARES Act Audit, Investigations and Defense Team represents and advises clients in audits and investigations involving PPP loans and tax benefits that may have been claimed under the CARES Act. This multidisciplinary team combines more than 230 years of legal experience and attorneys with previous government positions, including attorneys with IRS Chief Counsel, the United States Department of Justice, and United States Attorneys’ Offices.
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 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.
On October 5th, the Supreme Court reinstated the requirement that South Carolina’s absentee ballots must be accompanied by a witness’s signature in this year’s General…
Do you know what your state requires when it comes to allowing employees time off to vote? Find out which states require voting leave and…
In episode 2 of the Women’s Podcast Series, Burr partner Callie Whatley discusses managing stress and anxiety during the current pandemic. She is joined by Carissa Dore, a licensed psychotherapist, and owner of “Every Girl Living”, a company focused on helping women heal, grow, and conquer the challenges they face.
The Labor & Employment Podcast Series was developed from all the webinars and articles the L&E lawyers at Burr & Forman have created over the past few months.
Episode 2: Matthew Scully and Carlton Hilson join us to talk about the “New Normal” as it relates to how companies are handling COVID-19 exposure. They discuss the safety protocols, how to deal with positive cases, and how they’re maneuvering through the laws and regulatory statutes.
For a full list of our podcasts, please visit Burr’s podcast page.