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Horry Electric Cooperative Settlement

On March 3, 2014, the Honorable Benjamin H. Culbertson granted preliminary approval to the class action settlement known as Vance, et al v. Horry Electric Cooperative, pending in Horry County, South Carolina.  Under the terms of the settlement, class members may submit claims for recovery from a six million dollar fund arising out of the installation of vapor barriers in Horry County homes certified for participation in the Good Cents program. Class members may recover from either an automatic payment fund, which provides for a recovery of two thousand dollars, or a remediation fund, which provides for reimbursement of up to twelve thousand dollars for the removal of the vapor barrier.

Notice and claim documents will be mailed to class members no later than March 17, 2014.  The claim selection form must be mailed and postmarked no later than June 16, 2014.  All details surrounding the submission of the claim form and associated documents will be located in the mailing to class members and can also be identified on the documents attached here.

Please contact Chris Tuck or Jay Ward with any questions regarding the administration of the settlement at 843.727.6500.

Final approval was granted 5/30/14.

Updated 7/14/2016

Horry Electric filed a motion to disqualify certain people as class members. This motion was opposed by Plaintiffs and denied by the trial court. As a result of the trial court’s denial of its motion, the utility filed an appeal. On June 29, 2016, the S.C. Court of Appeals affirmed that the settlement is a binding contract and that all of the class members must be reimbursed according to the terms of the settlement agreement.

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    Supreme Court opens up older GM Cases

    With its refusal to hear an appeal from the Second Circuit, the U.S. Supreme Court has potentially opened up a new pool of General Motors car crash cases.

    The high court declined to hear the appeal of a class certification in the General Motors ignition switch litigation, keeping in place a ruling that enables plaintiffs to sue the post-bankrupt General Motors for the pre-bankruptcy GM’s misdeeds. Because the company shielded consumers from information that their vehicles potentially had defects, the statute of limitations may not have closed on cases involving other GM defects as well – including air bag cases – that pre-date the bankruptcy and public bailout of the automaker.

    RPWB is actively seeking two types of crash cases involving General Motors vehicles:

    Crashes of GM vehicles that occurred prior to July 10, 2009: We are looking for frontal or side impact near the front of the vehicle wrecks in which the airbag did not deploy for all GM models made between 2001 to 2009. We believe the statute of limitations was tolled due to the Bankruptcy Court ruling preventing people from suing the old GM (which is now lifted as a result of the U.S. Supreme Court declining to hear an appeal), and/or fraudulent concealment of the defect by GM. Fault of the driver is not an issue.

    Crashes of GM vehicles that occurred in 2015, 2016 or 2017: We are looking for GM vehicles manufactured between 2001 and 2015 that suffered a frontal impact or side impact near the front of vehicle, and the airbag did not deploy, resulting in serious injury or death. Regardless of the fault of driver, you may have a claim.

    Please contact RPWB attorneys Chris Tuck, Bobby Wood or Hoyt Rowell for more information.

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      RPWB had the second-largest SC settlement last year

      CHARLESTON, S.C. – The second-largest settlement in South Carolina last year was litigated by Richardson, Patrick, Westbrook & Brickman, according to an annual compilation by South Carolina Lawyers Weekly.

      The weekly newspaper tailored for the legal community released the state’s 17 largest case outcomes in its Feb. 13 edition.

      “The attorneys of RPWB are proud of their work to bring justice and compensation to all of the people we help each year throughout the country, but it is always especially gratifying to help our neighbors,” said managing attorney Blair Hahn.

      In 2016, RPWB – and co-counsel Clay McCullough of McCullough Khan – settled a $6.5 million class action case that applied to approximately 4,000 Berkeley County property owners who paid transportation impact fees for road projects that have still not been completed. Under the terms of the settlement, they received a refund of half of the impact fee paid on their property.

      The fees ranged from about $1,348 for homeowners to many thousands of dollars for businesses and the Berkeley County School District. The average residential property owner received a refund of $674. Some commercial property owners received tens of thousands, and in some cases, hundreds of thousands of dollars. For instance, the Berkeley County School District was refunded $137,341 for impact fees paid in connection with school construction.

      The class action lawsuit alleged that Berkeley County collected approximately $12 million in impact fees from developers between 2006 and 2014, but only spent roughly $1.9 million on two road projects within the time period specified by state law. The controversial program was terminated and replaced by a half-cent transportation sales tax.

      Case Information

      Case:  Worley Investments, LLC et al. v. Berkeley County, South Carolina, Case No. 2015-CP-08-1153

      Plaintiff Attorneys: Clayton C. McCullough and Ross A. Appel of McCullough Khan, LLC in Charleston, SC, and James L. Ward, Jr. of Richardson, Patrick, Westbrook & Brickman in Mt. Pleasant, SC.

      Defense Attorneys:  Brian C. Duffy and John P. Linton of Duffy & Young, LLC in Charleston, SC, John West of West Law Firm, LLC in Moncks Corner, SC, and John O. Williams, Berkeley County Attorney.

      Judge: The Honorable R. Markley Dennis, Jr. of the Ninth Judicial Circuit Court of Common Pleas.

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        Nine RPWB attorneys named Best Lawyers in America

        MOUNT PLEASANT, SC –  Nine RPWB attorneys were named 2017 Best Lawyers in America® for their respective practice areas, including two new additions in the past year.

        Based on the number of attorneys honored, RPWB was named the top-listed plaintiff product liability litigation firm in South Carolina.

        The two lawyers recognized for the first time in this annual list were Elizabeth Middleton Burke and Kim Keevers Palmer for their work on mass torts.

        Best Lawyers compiles its lists based on peer-review evaluations. More than 83,000 leading attorneys globally are eligible to vote. Since being first published in 1983, more than 13 million votes have been cast to determine the legal abilities of lawyers based on their specific practice areas.

        Here are RPWB’s 2017 Best Lawyers listings:

        Michael Brickman
        Securities Litigation

        Beth Burke
        Mass Tort Litigation/Class Actions – Plaintiffs

        Blair Hahn
        Product Liability Litigation – Plaintiffs

        Kim Keevers Palmer
        Mass Tort Litigation/Class Actions – Plaintiffs

        Charles Patrick
        Mass Tort Litigation/Class Actions – Plaintiffs
        Products Liability Litigation – Plaintiffs

        Terry Richardson
        Personal Injury Litigation – Plaintiffs
        Railroad Law

        Hoyt Rowell
        Mass Tort Litigation/Class Actions – Plaintiffs
        Health Care Law

        Jay Ward
        Mass Tort Litigation/Class Actions – Plaintiffs
        Product Liability Litigation – Plaintiffs

        Ed Westbrook
        Mass Tort Litigation/Class Actions – Plaintiffs

        About RPWB

        The attorneys of Richardson, Patrick Westbrook & Brickman focus on complex litigation that benefits consumers and people harmed through no fault of their own. We are frequently selected to hold leadership positions in national litigation against the world’s largest corporations, but also take great pride in our work to help individual clients seek justice.

        The firm represents individual plaintiffs in many practice areas, including: catastrophic personal injury, truck accidents, railroad accidents, construction defects, medical malpractice, mesothelioma and other occupational lung disease, nursing home abuse, pharmaceutical drugs and medical devices.

        Please contact us for a free, no obligation case review.

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          Berkeley County, SC property owners to receive fee refund

          CHARLESTON, SC – Thousands of Berkeley County property owners will receive refunds of transportation impact fees that were paid to the county, but not spent on infrastructure improvements.

          Ninth Circuit Judge R. Markley Dennis, Jr. finalized the class action settlement agreement on Wednesday, June 29, 2016. It applies to approximately 4,000 Berkeley County property owners who currently own land on which an impact fee was paid. The affected property owners have already received formal notification that they are part of the class.

          Under the terms of the settlement, they will receive a refund of half of the impact fee paid on their property. The fees ranged from about $1,348 for homeowners to many thousands of dollars for businesses and the Berkeley County School District.

          The average residential property owner can expect to receive $674. Some commercial property owners will receive tens of thousands, and in some cases, hundreds of thousands of dollars. For instance, the Berkeley County School District will receive a refund of $137,341 for impact fees paid in connection with school construction.

          The property owners were represented by Clay McCullough and Ross Appel of McCullough Khan, LLC and Jay Ward of Richardson, Patrick, Westbrook & Brickman.

          “This is a great day for thousands of homeowners and businesses in Berkeley County who paid fees, but did not receive the benefits that were promised to them,” said Appel. “After two years of hard work, we are pleased to report that thousands of residential and commercial property owners in Berkeley County will soon be receiving checks in the mail.”

          The class action lawsuit alleged that Berkeley County collected approximately $12 million in impact fees from developers since 2006, but only spent roughly $1.9 million on two road projects within the time period specified by state law. The controversial program was terminated in 2014 and replaced by a half-cent transportation sales tax. Since the program’s repeal and after allocating settlement funds, the county has now expended the balance of the impact fees.

          State law requires local governments to spend impact fees within three years of the project’s scheduled completion date or refund current owners of property upon which the impact fees were paid. The lawsuit alleged the county did not update its capital improvement plan, which schedules impact fee expenditures, and failed to perform annual program reviews. Both of these actions are required by state law.

          Berkeley County Council authorized the collection of impact fees in 2006 to pay for two road projects: a new I-26 interchange called the Sheep Island Interchange and a spine road between the Dorchester County line and U.S. 17-A. Neither has been constructed.

          “The impact fee program was repealed and replaced with a more equitable way of funding infrastructure improvements,” said Ward. “The county charged residents for infrastructure projects that were not completed, which is contrary to state law. We are pleased to be returning this unspent money to its rightful owners: the people and businesses of Berkeley County.”

          The impact fee program had been criticized by county officials in recent years as bad for small businesses and a “job killer” because it raised the cost of development. Berkeley County Supervisor Bill Peagler called the fees “outrageous” during the 2014 election and Dan Davis, the outgoing county supervisor, said the fees were “one of the worst things that Berkeley County has ever done.”

          “This case is ultimately about local government’s responsibility to use public funds according to state law,” said McCullough. “We applaud the current administration for doing the right thing by settling this case.”

          About RPWB

          RPWB is a plaintiff law firm that focuses on complex litigation with locations in Charleston, Mt. Pleasant and Barnwell as well as Edwardsville, Illinois. In addition to consumer class actions, the firm works in a diverse array of practice areas, including serious personal injury, asbestos and mesothelioma, pharmaceutical drugs and medical devices, vehicle defects and wrongful death.

          The firm’s attorneys are often selected to hold leadership positions in nationwide litigation because of their experience, skill and track record for managing complicated lawsuits to successful conclusions. We offer free consultations. If you are interested in learning more, please contact us.

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            RPWB defends the rights of Myrtle Beach homeowners

            MOUNT PLEASANT, SC – RPWB attorneys, together with co-counsel Nate Fata of the Fata Law Firm of Surfside Beach, SC, successfully defended the rights of approximately 1,100 class members impacted by a faulty energy savings program promoted by the Horry Electric Cooperative in the Myrtle Beach area.

            The Good Cents Program gave monthly credits to the owners of energy efficient homes. However, the program required class members to install a vapor barrier on the inside of the exterior walls of their residences in order to participate in the program. The existence of the vapor barrier created ideal conditions for condensation and mold growth on the surface of the vapor barrier and inside class members’ homes. Many of these homeowners face the prospect of invasive corrective measures, including tearing out drywall and cabinetry.

            After agreeing to a $6 million settlement with the affected homeowners in 2014, Horry Electric attempted to exclude numerous class members from receiving payment. Judge Benjamin H. Culbertson ruled that Horry Electric was required to adhere to the settlement agreement and pay all claimants identified as class members.

            Horry Electric appealed. On July 29, 2016, the S.C. Court of Appeals denied Horry Electric’s appeal. The Appellate Court affirmed that the settlement was a binding contract and that all of the class members must be reimbursed according to the terms of the settlement agreement.

            “We are pleased that the court of appeals has told the Horry Electric Cooperative that it must honor its word,” said RPWB attorney Chris Tuck. “Although the number of claims being denied was small in relation to the entire list of affected houses and homeowners, it was important for us to defend the rights of all who had participated in the program.”

            Under the terms of the settlement, class members have the option of receiving $2,000 in compensation or up to $12,000 in remediation cost reimbursement.  The majority of claims have been paid, save for the homeowners that Horry Electric was attempting to exclude.

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              RPWB named a top firm for toxic torts

              Richardson, Patrick, Westbrook & Brickman was again named as a leading plaintiff firm for toxic torts by The Legal 500, a well-respected, international law firm ranking service.

              RPWB was listed in the product liability, mass tort and class action: toxic tort – plaintiff category. The 2016 Legal 500 highlighted the firm’s robust asbestos and mesothelioma practice as well as litigation in the U.S. Virgin Islands to fix decades of environmental degradation to the St. Croix aquifer by two refineries (pictured above).

              Here’s what The Legal 500 had to say:

              “Richardson, Patrick, Westbrook & Brickman, LLC has extensive experience in handling asbestos and environmental litigation … Karl Novak has a strong track record of filing claims on behalf of workers who developed cancer and lung disease as a result of asbestos exposure. Environmental attorneys Jerry Evans and of counsel Gordon Rhea successfully assisted the Virgin Islands with negotiating settlements amounting to over $125m arising from groundwater contamination caused by oil refineries along the southern coast of St. Croix. Barnwell-based J David Butler, Gregory Lofstead and Charleston-based Michael Brickman are also recommended. All lawyers are based in Mount Pleasant unless otherwise stated.”

              To view the rankings, click here. To learn more about our attorneys, click here. You may also check out our informational asbestos website by clicking here.

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                Beth Burke wins USC law school alumni award

                Elizabeth Middleton Burke was awarded the Gold Compleat Lawyer Award by the University of South Carolina Law School Alumni Council on April 21, 2016. The award is the most prestigious given by the law school. It recognizes alumni for their outstanding civic and professional accomplishments.

                Burke, a 1997 graduate of the law school, is an integral member of the RPWB pharmaceutical litigation team. She joined the firm in 2003 and has since served in leadership positions on several multi-district litigations, including Lipitor, Chantix, Ortho Evra and Zyprexa.

                Many of the cases Burke works are on behalf of female patients who have been seriously injured by prescription medication. Burke advocates on behalf of consumers who rely on the pharmaceutical industry for safe and effective treatments.

                A native of Hartsville, who grew up in Lake City, South Carolina, Burke is married and has a daughter. She serves as secretary of the Southern Trial Lawyers Association and is a past president of the College of Charleston Alumni Association. She is a parishioner of The Church of the Holy Cross on Sullivan’s Island.

                Learn more about Beth Burke and our firm’s pharmaceutical team.

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                  Why you need a great mesothelioma lawyer

                  By Dave Butler

                  One of the most common misconceptions about asbestos litigation is that there is one giant pot of money set aside for victims of mesothelioma – the insidious cancer caused by asbestos – and all plaintiffs need to do is apply for their share.

                  If only things were that simple.

                  Many companies manufactured asbestos-containing products or put workers in direct contact with the deadly fibers. Some have gone bankrupt and put money in trusts for victims; others continue to operate.

                  Securing compensation for mesothelioma victims requires the same tenacity and methodical research that go into other areas of litigation. Because the disease takes decades to manifest, it is imperative to recreate the worker’s employment history and have intimate knowledge about what products they were exposed to decades ago. Often, responsible parties are only willing to entertain a settlement offer when the case is ready and set for trial.

                  Our well-respected network of attorneys have been at the forefront of asbestos litigation since the 1970s, and have helped thousands of mesothelioma patients and other asbestos victims throughout the United States receive the compensation needed to pay medical bills and provide solid financial foundations for their families.

                  We have amassed a wealth of information about job sites and asbestos products as well as experts well-versed in the medical and scientific aspects of mesothelioma and other asbestos-related diseases. Let us put our resources to work for you. If you or a loved one has been diagnosed with mesothelioma, please contact us for a free case review.

                  We can answer your questions

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                    Big Water Resort Settlement Agreement

                    A settlement agreement has been reached in this case. The full settlement agreement and the notice sent to class members on February 10, 2016 are linked below. If you have any questions regarding the settlement, please contact us at 888-825-9265 to leave a message for counsel.

                    Big Water Final Notice to Settlement Class 2-10-16
                    Big Water Settlement Agreement

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