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RPWB Welcomes a New Member

Matt Nickles, who has worked as an associate at our firm since 2014, became a member at the beginning of this year.

Nickles focuses on medical malpractice, nursing home neglect, catastrophic personal injury, premises liability, product liability, class actions and other complex litigation. He is experienced in litigating medical malpractice and pharmacy liability cases, including the case of a young girl with developmental disabilities who died as a result of being prescribed a fatal dose of phenobarbital.

A native of Columbia, Nickles was exposed to the law at an early age. His mother worked as general counsel for the state Department of Social Services and his father is a well-known attorney who took on the video poker industry.

It was those early experiences and the stories told around the dinner table that sparked an interest in the law. Nickles graduated with a degree in European history from Washington & Lee University and a law degree from the University of South Carolina School of Law.

During law school, he interned for the Honorable Margaret Seymour, a federal judge in the District of South Carolina, and clerked for RPWB.

Following graduation, he worked for a Columbia defense firm, Walker Reibold, before spending two years as a law clerk for the Honorable Richard Gergel.

We are thrilled to have him as a part of our membership.

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    $1.5 Billion Syngenta Corn Farmer Settlement Finalized

    Corn Farmer Settlement Checks Are On The Way

    This week we received some very good news for corn farmers nationwide who suffered price losses associated with the botched launch of genetically-modified corn seed by Syngenta in 2013. On January 3, 2020, the U.S. District Court for the District of Kansas in Kansas City approved a $1.5 billion settlement to compensate thousands of farmers for their losses.

    RPWB, along with our Beaumont, Texas- based co-counsel Mitchell Toups of Weller, Green, Toups & Terrell, LLP and Richard Coffman of the Coffman Law Firm, represented the owners of 2,600 farms growing roughly 500,000 acres of corn who saw the value of their corn plummet when China rejected imports of American corn due to it being co-mingled with corn grown from Syngenta Agrisure Viptera seed. The product has since been allowed by Chinese officials.

    Corn farmers who are part of the settlement are receiving Notice of Determination forms that calculate the portion of the settlement they will receive when the checks are distributed later this year. We anticipate the checks will go out in late spring or early summer 2020. Unfortunately, there is still no way to calculate how much each farmer will receive until the Settlement Administrator verifies the total bushels of corn produced by all members of the settlement. We expect that information will be forthcoming in short order.

    There is just one more step for eligible corn farmers. They must complete, sign, and submit an IRS W-9 form to the Claims Administrator to be paid. They may do so in one of two ways: (1) go to www.CornSeedSettlement.com and click SUBMIT MY W-9 FORM, or (2) complete the W-9 form included in the NOD, and mail it to: Corn Seed Settlement Program Claims Administrator, P.O. Box 26226, Richmond, Virginia 23260. There is no deadline to submit your IRS W-9 form, but until you do, you won’t be paid.

    We have appreciated the opportunity to represent such a hard-working, friendly and deserving group of people on this important case. Please let us know if you have any questions.

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      RPWB is a 2020 U.S. News & World Report Best Law Firm

      CHARLESTON, S.C. – U.S. News & World Report has named Richardson, Patrick, Westbrook & Brickman as a 2020 Best Law Firm for the firm’s work in personal injury, mass torts and class actions, product liability, medical malpractice, securities litigation, healthcare law and railroad law.

      U.S. News’ announcement came on the heels of the 2020 Best Lawyers in America list, in which 16 RPWB attorneys were recognized for work in their respective practice and geographic areas. This included a Personal Injury Lawyer of the Year designation for Dave Butler, an asbestos lawyer who works across the country helping people with mesothelioma lawsuits from his office in Aiken, South Carolina.

      RPWB was the top-listed plaintiff law firm in South Carolina for work on product liability cases, class action lawsuits and mass torts. In 2019, the firm had the most lawyers on the list in the entire country for mass torts and class actions.

      RPWB was founded in 2002, when four of the six shareholders of the very successful law firm Ness, Motley, Loadholt, Richardson & Poole formed a new firm to focus on complex litigation throughout the United States.

      RPWB attorneys regularly hold leadership positions on class actions and other mass torts across the nation. In 2019, RPWB lawyers were named to the leadership of national lawsuits, including the 3M Combat Arms Earplug MDL and the Aqueous Film-Forming Foams Product Liability MDL.

      The firm remains deeply rooted in work to help mesothelioma victims. Terry Richardson, a founding member of RPWB, was one of the first attorneys in the nation to win a mesothelioma lawsuit against asbestos manufacturers. Since then, RPWB has successfully represented mesothelioma victims throughout the United States. Several attorneys at the firm played pivotal roles in the fight against tobacco companies in the 1990s that led to the Tobacco Master Settlement Agreement. RPWB is currently helping six Canadian provinces in their fight to recoup money spent on treating smoking-related illnesses.

      In addition to national litigation, RPWB also works on individual lawsuits in a variety of practice areas, including: wrongful death, catastrophic personal injury, truck accidents, railroad accidents, construction defects, medical malpractice, mesothelioma and other occupational lung disease, whistleblower & qui tam, nursing home abuse, pharmaceutical drugs and medical device cases.

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        16 RPWB Lawyers Selected For Best Lawyers List

        CHARLESTON – RPWB was once again the top-listed plaintiff law firm in South Carolina for product liability cases as well as mass tort and class action lawsuits in the 2020 edition of The Best Lawyers in America®, which was released in August 2019.

        In total, 16 RPWB attorneys were designated as 2020 Best Lawyers, including David Butler, who was chosen as the personal injury lawyer of the year in the Augusta, Ga. metropolitan area. Butler, who works out of Aiken, S.C., has devoted much of his career representing asbestos victims who have developed mesothelioma, but he also works on other personal injury and product liability cases.

        Here are the RPWB attorneys named to the 2020 Best Lawyers list:

        Michael J. Brickman
        Litigation – Securities
        Mass Tort Litigation / Class Actions – Plaintiffs

        Elizabeth M. Burke
        Mass Tort Litigation / Class Actions – Plaintiffs
        Personal Injury Litigation – Plaintiffs
        Product Liability Litigation – Plaintiffs

        David Butler
        Personal Injury Litigation – Plaintiffs
        Product Liability Litigation – Plaintiffs

        Blair Hahn
        Mass Tort Litigation / Class Actions – Plaintiffs
        Product Liability Litigation – Plaintiffs

        Gregory A. Lofstead
        Mass Tort Litigation / Class Actions – Plaintiffs
        Product Liability Litigation – Plaintiffs

        Christiaan Marcum
        Mass Tort Litigation / Class Actions – Plaintiffs
        Product Liability Litigation – Plaintiffs

        Kim Keevers Palmer
        Mass Tort Litigation / Class Actions – Plaintiffs

        Terry E. Richardson, Jr.
        Business Organizations (including LLCs and Partnerships)
        Mass Tort Litigation / Class Actions – Plaintiffs
        Personal Injury Litigation – Plaintiffs
        Railroad Law

        Thomas D. Rogers
        Medical Malpractice Law – Plaintiffs
        Personal Injury Litigation – Plaintiffs

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

        Brady Thomas
        Mass Tort Litigation / Class Actions – Plaintiffs
        Personal Injury Litigation – Plaintiffs
        Product Liability Litigation – Plaintiffs

        Christopher Tuck
        Mass Tort Litigation / Class Actions – Plaintiffs

        Charles W. Patrick, Jr.
        Mass Tort Litigation / Class Actions – Plaintiffs
        Product Liability Litigation – Plaintiffs

        Edward J. Westbrook
        Mass Tort Litigation / Class Actions – Plaintiffs

        Kenneth J. Wilson
        Product Liability Litigation – Plaintiffs

        Bobby Wood
        Mass Tort Litigation / Class Actions – Plaintiffs

        Since it was first published in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence. Best Lawyers lists are compiled based on an exhaustive peer-review evaluation. Almost 94,000 industry leading lawyers are eligible to vote (from around the world), and we have received over 11 million evaluations on the legal abilities of other lawyers based on their specific practice areas around the world. For the 2020 Edition of The Best Lawyers in America, 8.3 million votes were analyzed, which resulted in more than 62,000 leading lawyers being included in the new edition. Lawyers are not required or allowed to pay a fee to be listed; therefore inclusion in Best Lawyers is considered a singular honor. Corporate Counsel magazine has called Best Lawyers “the most respected referral list of attorneys in practice.”

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          RPWB Named To Leadership of 3M Combat Arms Ear Plug MDL

          RPWB member attorney Elizabeth Middleton Burke was named to the leadership of the 3M Combat Arms Ear Plug multidistrict litigation. Federal lawsuits filed against 3M for producing faulty military ear plugs have been consolidated in the Northern District of Florida.

          Burke was named as co-chair of the Plaintiff Steering Committee, which builds the national product liability case and manages the litigation on behalf of the thousands of current and former military personnel who have filed federal lawsuits. She and other RPWB attorneys represent hundreds of veterans and active duty service members throughout the United States.

          The dual-ended 3M Combat Arms Ear Plugs (version 2) were standard issued equipment for service members between 2003 and 2015. This included those who were deployed to combat zones, such as Iraq and Afghanistan.

          3M’s Combat Arms ear plugs were supposed to provide two levels of ear protection: one side to block all noise and the other to protect the eardrums from gunfire and explosions while still allowing military personnel to communicate freely.

          However, design flaws and insufficient testing resulted in the failure of the dual-ended Combat Arms Ear Plugs (version 2) to protect service members’ ears. This has resulted in high incidences of tinnitus (ringing or buzzing of the ears) as well as partial or full hearing loss.

          A whistleblower came forward to the federal government to indicate that the design flaw had been known as early as 2000. The manufacturer had moved forward with selling the ear plugs to the military despite knowing they were flawed. In 2018, 3M settled with the federal government.

          Now, individual service members are seeking justice and compensation from 3M for their hearing loss and tinnitus. Current or former military personnel who suffer from hearing problems should seek immediate advice from an experienced attorney as statutes of limitation dictate the amount of time they have to file a lawsuit against the manufacturer of the Combat Arms Ear Plugs.

          To learn more about our work to help service members who continue to suffer from hearing problems as a result of these faulty ear plugs, please click here or give us a call at 1-888-855-9481. You may start a free, no obligation case review by filling out the form below.

          Learn More About Military Ear Plug Lawsuits

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            Parties agree to settle SC nuclear plant class action

            SCANA and SCE&G settle class action lawsuit with Attorney General and Plaintiffs Related to V.C. Summer Nuclear Costs

            Plaintiffs Richard Lightsey, LeBrian Cleckley, and Phillip Cooper have reached an agreement with SCANA Corporation and South Carolina Electric & Gas Company to settle a lawsuit filed in the state Court of Common Pleas in Hampton County on behalf of themselves and current and former SCE&G electric customers. The settlement addresses these customers’ claims and the Attorney General’s arguments related to the Base Load Review Act (“BLRA”). SCANA and SCE&G deny the allegations made in the lawsuit, but have agreed to resolve this matter.

            SCANA and SCE&G have agreed to a Common Benefit Fund comprised of the following amounts, to be distributed to the class members:

            • A credit of up to $2,000,000,000.00 in future electric rate relief will inure to the benefit of the Common Benefit Fund in favor of class members over a period of time established in the proceeding pending before the Public Service Commission of South Carolina (the PSC); and
            • A cash payment of $115,000,000.00, which will include the full value of the SCANA rabbi trust funded in January 2018 that was created in whole or in part for executive change-in-control payments; and
            • Transfer of SCE&G owned real estate or sales proceeds from the sale of real properties, including among others, the Ramsey Grove Plantation; the original Charleston Gas & Light Building at 141 Meeting Street in Charleston; and certain Otarre properties in Cayce.

            Distribution of any settlement funds is subject to court approval, as well as a final order by the PSC approving a merger between SCANA Corporation and Dominion Energy, and a closing of the proposed merger between the parties.

            Affected current and former SCE&G customers will receive information regarding their rights under the settlement. Eligible settlement class members will receive compensation in the form of a bill credit or a payment of an amount to be distributed by a court-approved class action administrator. Upon the approval of the settlement announced today, the lawsuit will be dismissed by agreement and the claims of SCE&G ratepayers will be resolved.

            Former United States Attorney, and lead counsel for the certified class, J. Preston Strom, Jr., had the following to say about the terms of this settlement: “In reaching this agreement, we have been able to secure more than $ 2 billion in relief and accountability for the people of South Carolina. We thank the Attorney General’s office for their hard work throughout this case and particularly in securing the return of funds set aside for executive bonus payments to the ratepayers.”

            Attorney General Alan Wilson issued the following statement: “The settlement reached today is the result of countless hours of work by our office seeking to make SCE&G customers whole for the abandonment of the failed V.C. Summer nuclear project. I am proud of the hard work of my entire team in bringing about this result, starting with the aggressive posture of Solicitor General Bob Cook regarding constitutional issues related to the Base Load Review Act, and continuing through tough settlement negotiations to bring resolution to civil matters related to these issues.

            “At all times, our goal has been to look out for the ratepayer and see that justice is done. We believe that this settlement, which encompasses over $2 billion in benefits, is the largest of its kind in the history of South Carolina. The settlement resolves the injury that SCE&G customers suffered under the Base Load Review Act by refunding revised rates previously collected. We also required that the entirety of the SCANA rabbi trust, which had a number of financial benefits for senior managers of SCE&G, be made available for the payment of obligations of the company.

            “This milestone ends our pursuit for restitution to ratepayers, but does not end our inquiry into the individual actors that may have contributed to the project’s failure. We want to acknowledge the hard work of the private lawyers who zealously fought for the interests of ratepayers as well through various lawsuits filed on the behalf of SCE&G ratepayers.

            “Additionally, we want to thank Dominion Energy for its willingness to provide the financial resources necessary to make this restitution. It is important to note that Dominion Energy was not involved in the creation of this situation, and we appreciate its role in finding a resolution that serves the best interests of SCE&G ratepayers.”

            Jim Stuckey, SCANA’s Senior Vice President and General Counsel, issued the following statement: “We are pleased that we were able to achieve a mutually acceptable resolution of this matter so that we can keep our focus on moving forward with the merger with Dominion Energy.”

            The State of South Carolina was represented in this matter by Attorney General Alan Wilson. Class Counsel are J. Preston Strom, Jr.; John R. Alphin, Jessica L. Fickling, Mario A. Pacella; and Bakari T. Sellers, of Strom Law Firm, LLC; Terry Richardson, Edward Westbrook, and Daniel S. Haltiwanger, of Richardson, Patrick, Westbrook & Brickman, LLC in Barnwell; Dan Speights and A.G. Solomons, III of Speights and Solomons in Hampton; J. Edward Bell of the Bell Legal Group, LLC in Georgetown; James L. Ward, Jr., and Whitney B. Harrison of McGowan, Hood & Felder, LLC; Vincent Sheheen of Savage, Royall, & Sheheen, L.LP.; and Gregory Galvin of the Galvin Law Group. SCE&G and SCANA are represented by David Balser and Jon Chally of King & Spalding LLP in Atlanta, GA; Leah B. Moody of the Moody Law Firm in Rock Hill, SC; and Jamie Becker and Bob Knowlton of Haynsworth Sinkler Boyd in Columbia, SC.

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              RPWB is a 2019 U.S. News Best Law Firm

              CHARLESTON, S.C. – Richardson, Patrick, Westbrook & Brickman was named a 2019 Best Law Firm by U.S. News & World Report, recognizing the plaintiff firm for its work on mass torts and class actions, product liability, securities, healthcare law, medical malpractice and personal injury lawsuits.

              With 16 lawyers listed on the underlying Best Lawyers in America list, RPWB was the top-listed plaintiff law firm in the country for its work on mass torts and class actions. RPWB was the top-listed plaintiff law firm in South Carolina for mass torts, personal injury and product liability.

              Four RPWB attorneys were new to the list: Brady Thomas, Chris Tuck, Bobby Wood and Ken Wilson. RPWB founding member Ed Westbrook was named Lawyer of the Year for class actions and mass torts in the Charleston-area.

              Here are the RPWB attorneys named to the 2019 Best Lawyers list:

              Michael Brickman
              Litigation – Securities
              Mass Tort Litigation/Class Actions – Plaintiffs

              Elizabeth Middleton Burke
              Mass Tort Litigation/Class Actions – Plaintiffs
              Personal Injury Litigation – Plaintiffs
              Product Liability Litigation – Plaintiffs

              David Butler
              Personal Injury Litigation – Plaintiffs
              Product Liability Litigation – Plaintiffs

              Blair Hahn
              Mass Tort Litigation/Class Actions – Plaintiffs
              Product Liability Litigation – Plaintiffs

              Greg Lofstead
              Mass Tort Litigation/Class Actions – Plaintiffs
              Product Liability Litigation – Plaintiffs

              Christiaan Marcum
              Mass Tort Litigation/Class Actions – Plaintiffs
              Product Liability Litigation – Plaintiffs

              Kim Keevers Palmer
              Mass Tort Litigation/Class Actions – Plaintiffs

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

              Terry Richardson
              Business Litigation
              Mass Tort Litigation/Class Actions – Plaintiffs
              Personal Injury Litigation – Plaintiffs
              Railroad Law

              Tom Rogers
              Medical Malpractice Law – Plaintiffs
              Personal Injury Litigation – Plaintiffs

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

              Brady Thomas
              Mass Tort Litigation/Class Actions – Plaintiffs
              Personal Injury Litigation – Plaintiffs

              Chris Tuck
              Mass Tort Litigation/Class Actions – Plaintiffs

              Ed Westbrook
              Mass Tort Litigation/Class Actions – Plaintiffs

              Ken Wilson
              Product Liability Litigation – Plaintiffs

              Bobby Wood
              Mass Tort Litigation/Class Actions – Plaintiffs

              About RPWB

              RPWB was formed in 2002 as a collective of talented legal minds who focus on complex litigation throughout the United States. The firm is well-respected for its work on mass torts and product liability cases, including mesothelioma lawsuits and pharmaceutical litigation. RPWB attorneys regularly hold leadership positions on class actions and other mass torts across the nation.

              RPWB founding member Terry Richardson was among the first attorneys in the nation to successfully hold asbestos manufacturers liable for causing mesothelioma cancer. Several attorneys at the firm played pivotal roles in the fight against tobacco companies in the 1990s that led to the Tobacco Master Settlement Agreement. Some of those same attorneys are currently assisting six Canadian provinces seeking to recoup public healthcare spending on smoking-related illnesses.

              In addition to national litigation, RPWB also represents individual people in many practice areas, including: catastrophic personal injury, truck accidents, railroad accidents, construction defects, medical malpractice, mesothelioma and other occupational lung disease, whistleblower & qui tam, nursing home abuse, pharmaceutical drugs and medical device cases.

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