Representative Cases

In re: International Textile Group Merger Litigation, C.A. No. 2009-CP-23-3346 (Circuit Court, Greenville County)

Co-lead counsel in breach of fiduciary duty claim concerning the merger of two companies controlled by billionaire private equity financier Wilbur Ross. Obtained shareholder class certification and corporate derivative status after more than 75 expert and fact depositions. Responsible for expert discovery involving financial accounting, investment banking, business valuations (including real options and standard valuation methodologies), and econometric modeling for both causation and damages.

The case settled for $81 million and the release of over $300 million in debt held by Ross’s private equity funds. Briefed, argued, and drafted order granting attorneys’ fee award of over $23 million, plus $2.6 million in costs. See Law360 article here.

Crane v. International Paper Co. and Canal Wood, LLC, Case No. 3:02-cv-3352 (D.S.C.)

Obtained class certification on claim of monopsony price-fixing between IP and pulpwood timber buyers in the southeast. The case settled for $12.4 million after Fourth Circuit upheld class certification and trial court denied summary judgment. Responsible for depositions of corporate representatives and timber suppliers; tract-by-tract pricing analysis; damages modeling based on regional pulpwood pricing; and electronic discovery and management of over five million pages. See Law360 article here; and Wall Street Journal article here.

Tarashuk v. Givens, 53 F. 4th 154 (4th Cir. 2022)

Claim under 42 U.S.C. Section 1983 for violation of rights by governmental officials acting under color of state law. The Fourth Circuit upheld the denial of qualified immunity to EMTs and sheriff’s deputy based on deliberate indifference to known medical needs of patient, resulting in a settlement for $2.7 million.

Pro Slab, Inc. and Bremer Construction Management v. Argos USA Corporation, et al., Case No. 2:17-cv-03185 (D.S.C.)

Ongoing price fixing case against several regional concrete manufacturers in South Carolina and Georgia. Trial scheduled for September 2025.

In re Endosurgical Products Direct Purchaser Antitrust Litigation, Case No. 05-cv-8809 (C.D. Cal.)

Represented Bamberg County Memorial Hospital in national class action against Johnson & Johnson for bundling suture and endosurgical surgical products in group purchasing contracts. Case settled for $13 million (in addition to restrictions on contracting practices worth $26 million) after appeal to Ninth Circuit on direct purchaser issue under the Illinois Brick doctrine. Delaware Valley Surgical Supply, Inc. v. Johnson & Johnson, 523 F.3d 1116 (9th Cir. 2008). Fee award of over 26% of cash settlement.

E.I. DuPont De Nemours and Co. v. Monsanto Co., Case No. 4:00-952-23 (D.S.C.)

Helped defend nationwide monopolization claims filed in South Carolina and Delaware based on marketing and advertising of Roundup herbicide and Roundup Ready cotton and soybean seeds. Interviewed and deposed soybean and cotton farmers from South Carolina to California concerning the use of Roundup technology, and deposed retailers and distributors concerning Monsanto’s marketing programs.

Holliday v. Waccamaw Community Hospital, 2015 WL 7760805 (December 2, 2015)

Represented the South Carolina Hospital Association as Amicus Curiae concerning negligent credentialing claim and immunity from suit under the South Carolina peer review statute.

Hamilton v. OPW, et al. Case No. 1999-CP-29-00442 (Circuit Court, Lancaster County)

Represented the plaintiff’s estate in a gas station fire caused by design defect in both gasoline nozzle and a design defect in camper. Case settled for over $2 million.

Guanciale v. McLeod Regional Medical Center, Case No. 02-cv-03001 (D.S.C.)

This matter was tried twice, once in federal court and later in state court. A physician claimed EMTALA whistleblower liability and defamation based on hospital’s report of his temporary suspension to the South Carolina Board of Medical Examiners. The EMTALA claim was dismissed in federal trial, and a nominal verdict awarded at state court trial.

Westberry v. Gislaved Gummi AB, 178 F.3d 257 (4th Cir. 1999)

Represented Swedish manufacturer at trial and on appeal of leading case involving differential diagnosis as basis for expert opinion on causation under Daubert standard.

Sunvillas Homeowners Association v. Square D Company, 301 S.C. 330, 391 S.E.2d 868 (1990)

Obtained directed verdict at trial on products liability claim. Affirmed on appeal.

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