Estate and Will Contest:
Bland Richter filed a claim in the Richland County Probate Court on behalf of their clients, Molianne Carlen Elliott, James A. Carlen, IV, and Melanie Carlen Caswell – Former South Carolina and National Hall of Fame Football Coach James A. Carlen III’s first three children. The case seeks to invalidate Coach Carlen’s 2010 will. Bland Richter are fighting for our clients’ rightful inheritance from their father as he provided in many estate documents since 1970. Our client’s contention is that Coach Carlen lacked testamentary capacity when his final last will and testament was drafted and signed in 2010 because he suffered from advanced dementia and further because the resultant will, unlike his previous wills, totally disinherited our clients, giving them no money, no personal property or memorabilia from his very sizeable estate.
Breach of Contract and Declaratory Judgment Lawsuit:
In May, 2013 Bland Richter on behalf of its clients Allstar Financial Group, Inc. and Hawkins & Rawlinson, Inc. f/k/a Hawkins, Rawlinson and Lanier, Inc. (collectively “Allstar”) brought a lawsuit against Companion Property and Casualty Insurance Company, Companion Commercial Insurance Company and Companion Specialty Insurance Company in the Richland County Court of Common Pleas in Columbia, South Carolina bearing the case number 2013-CP-40- 03118 ( “the Action”). Allstar is the Companion Insurance Group’s largest Independent Insurance Brokerage Agency. Allstar is an Atlanta, Georgia based company and has agents and employees located throughout the United States through which it offers many different types of insurances, such as General Liability, Surety, Transportation, Logging, Property and Casualty, etc. Allstar has been doing business with Companion since 2004. The dispute between the parties in the Action concerns the interpretation and construction of the governing Agency Agreements and the proper calculation for the reimbursement of contingent commissions based upon insurance losses which were “Incurred But Not Reported” (IBNR) under the policies of insurance placed by Allstar. Depending on the Court’s construction of the Agreements there can be a swing of many millions of dollars in IBNR either being owed or not owed.
Bland Richter was associated to act as co-counsel in a legal malpractice claim asserted against one of the world’s largest law firms in the matter of JPS Elastomerics Corporation and JPS Industries, Inc. vs. Jones Day; United States District Court for the District of South Carolina, Greenville Division, 6:11-cv-02960-TMC, now pending in the United States District Court for the District of South Carolina, Greenville Division. The Plaintiff, a publicly traded company and former client of Jones Day, alleges that it received erroneous advice regarding the purchase of a line of commercial equipment during the pendency of litigation in which the use of the equipment was alleged to violate a competitor’s protected trade secret information.
Bland Richter filed a legal malpractice claim against a large South Carolina based law firm in which the Plaintiff alleges, among other things, that the firm failed to file a timely appeal of certain rulings which ultimately prejudiced the client’s ability to prosecute a separate action for the payment of professional fees to which he was entitled. Peter A. T. Sartin vs. McNair Law Firm, P.A., in the United States District Court, for the District of South Carolina, Columbia Division, 3:12-cv-00895-MBS.
Bland Richter was admitted pro hac vice in North Carolina as co-counsel in the prosecution of a legal malpractice claim in which the Plaintiff alleges that following the death of her husband, she was not advised of her right to insist on a buy-out of her late husband’s interest in a limited liability company, but was instead advised to personally guarantee $4.6 Million of debt on behalf of the company. Anna J. Proctor, The John S. Proctor Trust, and AJP Investments, LLC, in the North Carolina, Mecklenburg County, General Court of Justice Superior Court Division Case No. 12-CVS-5935.
William Bryan Stevens vs. Hovde, Dassow and Deets, LLC, United States District Court, South Carolina, Florence Division, 4:12-cv-00061-RBH: Plaintiff alleges that he was harmed by the drug Raptiva and thereafter responded to advertising from the Defendant law firm who undertook to represent the Plaintiff in his claims against the drug manufacturer. Plaintiff further contends that he was summarily discharged as a client after the Defendant firm permitted his statute of limitations to expire.