Legal Malpractice: Six Figure Settlement

Bland Richter is pleased to announce a six figure settlement in a legal malpractice claim arising out of the litigation of a commercial dispute. (Spring, 2017)

 

Legal Malpractice: Six Figure Settlement

Bland Richter is pleased to announce a six figure settlement in a legal malpractice claim arising out of a real estate transaction in which it was alleged that title defects were not properly disclosed. (Spring, 2017)

 

Federal Civil Rights / Police Officer Related Shooting / Wrongful Death: $2,150,000.00 Settlement

On March 29, 2016, Bland Richter settled a Federal Court civil rights action involving a police officer related shooting resulting in death for the sum of $2,150,000.00 that garnered worldwide attention. On July 26, 2015, Zachary Hammond was shot and killed by Seneca, South Carolina police officer, Mark Tiller, in the parking lot of a Hardee’s restaurant while unarmed . Zach had driven to the restaurant with his date, Tori Morton. When it was suspected that Ms. Morton was going to make a drug transaction at the Hardee’s restaurant, the Seneca Police Department set up a sting operation in the parking lot. When Zachary attempted to leave the restaurant, Officer Tiller rushed toward the Hammond vehicle with his weapon drawn. After yelling “I will shoot your f***ing ass,” Tiller fired two shots into the open driver side window of the car, striking Zachary in the back and flank. Zachary died of his injuries at the scene. He was 19 years old and unarmed at the time of his death. Zachary’s death prompted changes by several police departments in connection with their use of excessive and deadly force policies and encouraged the South Carolina legislature to enact legislation regarding the use of body and audio cameras by officers and the release of dash cam videos. ( Spring, 2016 )

 

Legal Malpractice: Six Figure Settlement

Bland Richter is pleased to announce a high six figure settlement in a legal malpractice action arising out of alleged negligent opinion provided by an attorney to a confidential corporate client arising out of a contracting issue.( Spring, 2016 )

 

LLC Member Dispute: $1,000,000.00 Settlement

Bland Richter represented two members whose membership interests in two businesses totaled 50%. The entire membership was deadlocked in their voting and the members were headed to protracted and expensive business litigation with each other. The businesses were highly profitable on an annual basis. On behalf of our clients, we asserted that claims of breaches of fiduciary duty and violations of the South Carolina LLC statute had occurred which required that either our clients’ interests be sold, the other members’ interests be purchased or the entities be sold or dissolved by court order. The matter was complicated by the lack of a written operating agreements to govern disputes. Consequently, the South Carolina LLC statute and interpretive case law governed the disputes. Through pre-suit negotiations, our clients were successful in obtaining a $1,000,000.00 confidential settlement for the purchase of their 50% interests, even though the settlement amount exceeded the value of the businesses in their entirety. ( Winter, 2016 )

 

Business Litigation:

Bland Richter successfully tried a contested matter in the United States Bankruptcy Court involving the value and ownership rights of a membership interest in a South Carolina limited liability company. A member of an LLC client had filed for personal bankruptcy protection, thus making his membership interest in the LLC an asset of the bankrupt estate. The business itself was an ongoing concern which generated significant revenue. The bankruptcy trustee took the position that the estate was not forced to sell the membership interest, and/or if required to sell, that the interest was worth not less than $202,000.00. Bland Richter was successful in convincing the Court to force the sale of the membership interest, and in offering the sale, to make the offer first to the LLC itself at a value of $105,000.00. The action threatened the viability of the LLC. The result allowed the LLC to continue as a viable going concern. ( Fall, 2015 )

 

Medical / Home Care Negligence: $950,000.00 Settlement

In a Richland County litigation action, Dinah Cook, as Personal Representative of the Estate of Marth Edens v. RMK Ventures, d/b/a Home Instead, Bland Richter achieved a settlement in the amount of $950,000.00, following the injury and death of Martha Edens, an 88 year old icon of the South Carolina Republican Party. Ms. Edens had been receiving 24/7 home care services through the Columbia, South Carolina franchise of Home Instead. After suffering a fall in her home, Ms. Edens’ care providers placed her in bed without reporting the fall or resultant injuries. Two days later Ms. Edens was taken to a local hospital where it was discovered that she had suffered bi-lateral femur fractures. After nine months of surgery and rehabilitation, Ms. Edens passed away. Her death certificate attributed the fractures as one of three causes of her death. ( Spring, 2016 )

 

Legal Malpractice: Six Figure Settlement

Bland Richter received a mid six figure settlement on behalf of a client in a legal malpractice case arising out of an attorney’s failure and other errors in the process of litigating a claim on behalf of the clients which resulted in an adverse judgment against the lawyer’s client. ( Fall, 2015 )

 

Personal Injury: Six Figure Settlement

Bland Richter received a mid six figure settlement on behalf of a client whose spouse was killed in a motor vehicle accident due to hazardous roadway conditions and improper construction. ( Winter, 2016 )

 

Personal Injury—Ski Collision: $250,000 Judgment

Bland Richter obtained a $250,000.00 judgment in the United States District Court for the Western Division of North Carolina-Charlotte Division on behalf of its client who suffered significant and debilitating injuries, including but not limited to, a complex fracture to his left femur, tore his left knee posterior collateral ligament, tore his left knee anterior cruciate ligament, suffered an avulsion fracture of his left knee femoral condyle with a probable medial collateral ligament injury and sprained right knee; fractured right scapula , fractured his 2nd and 3rd right ribs after, without warning, he was violently struck from the rear by another skier who while skiing on a blue/black diamond trail at Vail Colorado Ski Resort. The skier who struck our client and suffered a broken collarbone denied that he was at fault. Both skiers were advanced/expert skiers. Our client is a well regarded trial attorney from Columbia, South Carolina and the Defendant in the action is an anesthesiologist from Charlotte, North Carolina. The case was captioned as Robert B. Ransom v. Paul K. Jaszewski, M.D. C/A: 3:14-cv-00662-GCM. ( Spring 2016 )

 

Unfair Trade Practices: Six Figure Settlement

Bland Richter received a mid to high six figure settlement on behalf of a client who alleged that they were misled as to the condition of a home which they purchased and later discovered to have significant issues which impacted its habitability. ( Winter, 2016 )

 

Partnership Dispute: Multimillion Dollar Seven Figure Settlement

Bland Richter was successful in assisting a client who had departed a firm and whose retirement benefits were in jeopardy of being lost to negotiate a new agreement with the departed group which secured the threatened benefits which were in excess of $1,000,000.00. ( Winter, 2016 )

 

Legal Malpractice: $5,508,000.00 Jury Verdict

After two years of contested litigation, Bland Richter obtained a jury verdict totaling $5,508,000 from a Richland County jury on all but one of the causes of action which were submitted to the jury for their consideration against the law firm of Nexsen Pruet Jacobs & Pollard, LLP and some of its individual attorneys. The core issue of the litigation was whether our client, the Plaintiff, received an incorrect patent opinion from the Defendants, which he relied upon in conducting his business affairs after he left employment with his former employer and later caused him to be sued. The jury verdict is believed to be one of the top three legal malpractice jury verdicts in South Carolina history. Following post-trial motions, the verdict was reduced to approximately $4,900,000 before the matter was ultimately appealed by our clients and the defendants. ( Spring, 2006 )

 

Legal Malpractice: Multimillion Dollar Seven Figure Settlement


Bland Richter was successful in achieving a substantial seven figure confidential settlement for its clients in a contested legal malpractice action involving alleged conflicts and breaches of fiduciary duty. ( 2015 )

 

Medical Malpractice: $3,000,000 Settlement


Bland Richter is pleased to announce a $3,000,000.00 confidential settlement of a medical malpractice case involving a physician who had allegedly failed to diagnose and manage a patient who suffered a debilitating stroke due to high and unregulated blood pressure following surgery. ( Fall 2014 )

 

Corporate Director and Fiduciary Litigation: Verdict in Favor of Bland & Richter's Client


Bland Richter is pleased to announce a defense verdict on all causes of action asserted against the board of directors of a horizontal property regime in a lawsuit which sought the removal of the board and repayment of alleged damages totaling more than $673,000.00. In the matter of COC Corporation, et al. vs. The Bohicket Yacht Club Marina Council of Co-Owners, et al., 2012-CP-10-8214, Bland Richter prevailed on all causes of action ranging from breach of fiduciary duty and self-dealing to accounting and removal of the board of directors. After two days of trial, the trial court found no violations of the Horizontal Property Regime Act and Master Deed as alleged, and further found that the Defendants’ actions were protected by the business judgment rule. ( 2014 )

 

Legal Malpractice: Six figure Settlement


Bland Richter achieved a mid six figure confidential settlement in a legal malpractice case involving the alleged violation of the statute of limitations. ( Summer, 2014 )

 

Medical Malpractice: Six Figure Settlement


Bland Richter obtained a mid-six figure confidential settlement in a medical malpractice action involving alleged errors in the administration of medication. ( Spring, 2014 )

 

Breach of Contract:


Bland Richter is pleased to announce that it was successful in negotiating a resolution of the dispute between Men’s Varsity Basketball Coach Doug Wojcik and the College of Charleston following Coach Wojcik’s separation from the College wherein he was paid $400,00.00 under his remaining contract amount. ( Fall 2014 )

 

Medical Malpractice: Six Figure Settlement


Bland Richter obtained a mid-six figure confidential settlement in a medical malpractice action involving alleged errors in the administration of medication. ( Spring, 2014 )

 

Legal Malpractice: Six Figure Settlement


Bland Richter is pleased to announce a mid six figure confidential settlement in a legal malpractice case against an upstate personal injury attorney based upon his failure to perfect his client’s case before the expiration of the applicable statute of limitations. ( Summer 2014 )

 

Medical Malpractice: Six Figure Settlement


Bland Richter obtained a mid-six figure confidential settlement arising out of a claim of nursing home neglect. ( Spring, 2014 )

 

Legal Malpractice: Six Figure Settlement


Bland Richter is pleased to announce a mid six figure confidential settlement on behalf of a client whose worker’s compensation claim had been allowed to linger for over 10 years before it was ultimately settled for a fraction of its true value due to the passage of time, the development of time based defenses and the loss of evidence. ( Summer 2014 )

 

Legal Malpractice: Six Figure Settlement


Bland Richter was successful in achieving a resolution in a legal malpractice matter involving the payment of money and forgiveness of debt the entire value of which was in excess of $1,000,000.00. ( Spring, 2014 )

 

Legal Malpractice: Six Figure Settlement


Bland Richter was successful in achieving a mid-six figure confidential settlement in a legal malpractice matter. ( Spring, 2014 )

 

Commercial Litigation: Six Figure Settlement


Bland Richter was successful in obtaining a high six figure confidential settlement in a complex commercial matter involving real property development. ( Spring, 2014 )

 

Medical Malpractice: Six Figure Settlement


Bland Richter is pleased to announce a mid-six figure confidential settlement in a medical malpractice case involving alleged negligent care of a hospital patient. ( Summer 2014 )

 

Commercial Litigation: Multimillion Dollar Settlement


Bland Richter represented a client in a commercial dispute who was alleged to have owed in excess of $38,000,000.00. A confidential settlement was achieved through which the client agreed to pay less than 10% of the alleged damages and to do so over an extended period of time. ( December, 2013 )

 

Medical Malpractice: Six Figure Settlement


Bland Richter was successful in achieving a mid-six figure confidential settlement in a dental malpractice claim. ( Fall, 2013 )

 

Legal Malpractice: Six Figure Settlement


Bland Richter was successful in achieving a mid-six figure confidential settlement in a contested legal malpractice action involving trust and estate matters. ( Fall, 2013 )

 

Legal Malpractice: Six Figure Settlement

Bland Richter was successful in achieving a six figure confidential settlement in a contested legal malpractice lawsuit arising out of improper trust and estate advice that was alleged to have been deficient and beneath the required standard of care. ( 2013 )

 

Commercial Litigation: Six Figure Settlement

Bland Richter was successful in achieving a six figure confidential settlement in a series of related real estate transactions in which the propriety of the transfers was challenged. ( 2013 )

 

Medical Malpractice: Six Figure Settlement

Bland Richter was successful in achieving a six figure confidential settlement in a contested medical malpractice lawsuit arising out of a medical procedure performed that was alleged to have been deficient and beneath the required standard of care. ( 2013 )

 

Legal Malpractice: Six Figure Settlement

After protracted litigation, Bland Richter successfully defended their clients in connection with claims asserted by partners against them and achieved a six figure confidential settlement in a legal malpractice action in which it was alleged that an attorney improperly entered into a business transaction with a client in violation of the South Carolina Rules of Professional Conduct involving commercial property. ( Summer 2012 )

 

Legal Malpractice/Conflict of Interest: Multimillion Dollar Seven Figure Settlement

After almost two years of contested litigation, Bland Richter achieved a confidential multimillion dollar seven figure settlement in a legal malpractice claim on behalf of its client against a prominent South Carolina law firm. ( 2011 )

 

SC UTPA and Breach of Warranty Jury Verdict: $757,000 Jury Verdict

On March 1, 2013, Bland Richter obtained a $757,000 jury verdict from a Dorchester County South Carolina jury on behalf of its commercial plumbing client, Amo, LLC vs. Eccotemp Systems, LLC. Eccotemp is a manufacturer of energy efficient tankless hot water heaters. Amo purchased 75 tankless hot water heaters from Eccotemp in 2008 and 2009 and alleged that an epidemic failure of over 50 of the units installed in homes in Richland and Lexington County occurred in the winters of 2008 and 2009 causing water pipes to burst and related property damage. The jury returned a verdict in favor of AMO on the SC UTPA claim in the amount of $158,000 and pursuant to S.C. Ann. § 39-5-140 held that Eccotemp’s violation of the act was willful and trebled the damages for a final verdict on that claim of $474,000.00. In addition, the jury rendered verdicts in the amount of $158,000 on Plaintiff’s Breach of Contract claim and $125,000.00 for Plaintiff’s Breach of Warranty claims for breach of an express warranty, implied warranty, and breach of the implied warranty of merchantability and fitness for a particular purpose. Pursuant to the verdict under SC UTPA for willful violation of the Act, the Court must award attorneys fees and costs to AMO and Bland Richter associated with pursuing and being successful on that claim. A hearing to award AMO’s attorneys fees and costs will be scheduled within in the near future. This verdict is believed to be one of the largest SC UTPA jury verdicts in South Carolina in the last two years and certainly one of the rare SC UTPA verdicts where the jury found violations were willful and trebled the damages. Defendants post-trial motions were denied. (Winter 2013)

 

Legal Malpractice: High Six Figure Settlement

Bland Richter represented a court appointed Receiver for the plaintiff Capital Investment Fund, Inc. (“CIF”) in a legal malpractice case against several lawyers and their law firm in Greenville, South Carolina in Capital Investment Funding, LLC v. Pfieffer, Gleaton, Wyatt & Hewitt, P.A. (CA. No.: 2011-CP-23-7359) who were accused of participating in and assisting Arthur Fields, a former Clemson University Professor, in defrauding many upstate citizens who invested and/or loaned money to various entities for promised returns on investments. Fields has plead guilty and is awaiting to be sentenced. Attorney Scott Pfeifer was criminally charged by the Attorney General of the state of South Carolina for his role in this matter and has signed a plea agreement for some of the criminal charges as well. Bland Richter achieved an $845,000.00 settlement for CIF after more than a year of contested litigation and provided some reimbursement to the victims for the alleged millions (in excess of $38,000,000.00) that investors lost in this most unfortunate matter. Pfeifer only had $1,000,000.00 of professional malpractice insurance coverage available to recover for the relevant time period. ( Summer 2013 )

 

Administrative Law Proceeding: Administrative Hearing Panel Award

Bland Richter is pleased to announce that it successfully represented it’s Compounding Pharmacy client Medi-Fare Drug & Home Health Center, Inc. (“Medi-Fare”), before the full South Carolina Board of Pharmacy, to have a Temporary Suspension Order (“TSO”) fully overturned. On December 3, 2012, after being invited to Medi-Fare’s facility to observe the physical expansion and construction of a state of the art “Clean Room”, the South Carolina Board of Pharmacy issued a TSO on that same day for “Policy Based” reasons, limiting Medi-Fare’s compounding operations. Medi-Fare disputed the issuance of the TSO and appealed the decision to the full Board. After an entire day of hearing, the Board voted unanimously to terminate the TSO and permit Medi-Fare to fully resume compounding medicines for sterile/non-patient specific and non-sterile/patient specific applications and prescriptions. The Board, in its decision, placed no limitations on Medi-Fare’s compounding operations going forward. ( Winter 2013 )

 

Legal Malpractice: Mid Six Figure Settlement

After two years of litigation, Bland Richter successfully achieved a six figure confidential settlement in a legal malpractice case arising out of alleged errors in the conduct of a commercial real estate closing and the attorney’s related conflict of interest in connection with the parties involved. ( Summer 2012 )

 

Physicians' Corporate and Shareholder Dispute: Physician's Award

After two days of a scheduled 2-3 week jury trial in Camden, SC, Bland Richter obtained a favorable settlement on behalf of a physician client who was being sued over an alleged violation of a covenant not to compete after establishing a competing ear, nose, throat and allergy and sleep disorder practice in close proximity to his former employer. The suit accused the client of improperly soliciting his former employer’s patient base, hiring former employees of the prior practice group and receiving the benefit of existing referrals of patients from various physicians. Bland Richter’s client was accused of causing a minimum of $3,600,000.00 of damages for the approximate 2.5 years since the physicians separated from one another and the competing practice was opened. Bland Richter denied that the covenant not to compete at issue was “enforceable” and defended against the claims by asserting that the former physician group breach its shareholder and compensation obligations to Bland Richter’s client. The case settled with Bland Richter’s client paying only $15,000 to the former practice group and being able to have their current ear nose and throat practice (Southeastern Ear Nose and Throat and Allergy and Sleep Disorder Institute, LLC in Columbia, SC) practice free from any further anti-competition claims and litigation from the former group. ( Winter 2012 )

 

Federal Court Civil Litigation Dismissal

Bland Richter is pleased to announce that they obtained a dismissal of their client, Dr. Chad Gunnlaugsson, in the matter of United States of America, et al. vs. Robert Puchalski, et al. (CA. No.: 3:11-cv-3360). Dr. Gunnlaugsson's former practice partner, Dr. Robert Pulchaski, sought to join Dr. Gunnlaugsson as a third party defendant to the action after Dr. Puchalski was sued by a former physician and employee and accused of falsely billing Medicare, Tri-Care and Medicaid through his practice, South Carolina Ear Nose and Throat and Sleep Disorders, LLC ("SCENT"). Following the service of a third party complaint on Dr. Gunnlaugsson, Bland Richter immediately filed a dismissal motion on Dr. Gunnlaugsson's behalf. On October 30, 2012, the Honorable Cameron Currie dismissed Dr. Gunnlaugsson from the suit and held it was not proper for the Defendants to have attempted to bring Dr. Gunnlaugsson and another physician in this action. ( 2012 )

 

Products Liability: Six Figure Settlement

After two years of contested litigation, Bland Richter was successful on behalf of its clients in obtaining a six figure settlement in a Products Liability lawsuit resulting from an automobile accident. ( Summer 2012 )

 

Legal Malpractice/Conflict of Interest: Multimillion Dollar Seven Figure Settlement

After two years of contested litigation, Bland Richter achieved a significant confidential seven figure confidential settlement in a Legal Malpractice claim against a prominent South Carolina law firm. ( 2010 )

 

Product Liability / Negligence: Seven Figure Multimillion Dollar Settlement

After more than a year of contested litigation, Bland Richter was successful in achieving a seven figure recovery in a product liability / negligence claim involving death and personal injury. ( 2012 )

 

Legal Malpractice/Conflict of Interest: $1,495,000.00 Settlement

Bland Richter settled a legal malpractice/breach of fiduciary duty claim against one of South Carolina's largest firms for $1,495,000. The Defendant Firm had undertaken the representation for two current clients competing for the same multi-million dollar project without appropriate waivers or consents. ( 2002 )

 

Legal Malpractice: Six Figured Settlement

After lengthy and contested litigation, Bland Richter was successful in achieving a six figure settlement in a legal malpractice case arising out of a real estate transaction. ( 2011 )

 

Professional Malpractice: Six Figure Settlement

After more than a year of contested litigation, Bland Richter was successful in achieving a six figure confidential settlement in a professional malpractice case involving a failed investment plan. ( 2011 )

 

Legal Malpractice: Six Figure Settlement

After more than a year of contested litigation, Bland Richter was successful in achieving a six figure confidential settlement in a legal malpractice claim arising out of alleged errors in the conduct of litigation. ( 2012 )

 

Legal Malpractice

After more than a year of contested litigation, Bland Richter achieved a six figure settlement in a legal malpractice claim arising out of alleged malpractice in the handling of a construction defect matter. (2011)

 

Legal Malpractice

Bland Richter was successful in obtaining a confession of judgment in a legal malpractice claim against an attorney who was alleged to have used confidential client information to assist one client to the detriment of the Plaintiff. ( Spring 2012 )

 

Products Liability: Six Figure Settlement

After more than a year of contested litigation, Bland Richter achieved a six figure confidential settlement in a products liability claim arising out of a motor vehicle accident. (2011)

 

Legal Malpractice: Six Figure Settlement

After two years of contested litigation, Bland Richter obtained a six figure confidential settlement on behalf of its client in a legal malpractice case where it was alleged that the client's former attorney committed errors in how the attorney prosecuted the client's claims that resulted in them being dismissed before they were adjudicated and tried. ( 2010 )

 

Business Litigation: Six Figure Settlement

After two years of contested litigation, Bland Richter achieved a six figure confidential settlement on behalf of its client in a commercial litigation matter involving a letter of credit which was issued to secure a lot takedown agreement that was thereafter dishonored by the lending institution when it was presented for collection. (2011)

 

Legal Malpractice: Six Figure Settlement

Bland Richter achieved a confidential six figure confidential settlement on behalf of its clients from a prominent South Carolina law firm in a complex, multi-party legal malpractice / commercial dispute in which it was contended that the defendant attorneys combined with their clients to distribute or otherwise secrete assets which were properly the property of third parties. ( 2011 )

 

Legal Malpractice: Six Figure Settlement

After two years of contested litigation, Bland Richter achieved a confidential six figure confidential settlement on behalf of its client in two related legal malpractice claims arising out of alleged negligent tax planning advice. ( 2011 )

 

Legal Malpractice: Six Figure Settlement

Bland Richter achieved a confidential six figure confidential settlement and favorable result on behalf of its client against a law firm for its alleged mishandling the transition of the matter from their firm to the succeeding law firm that was to continue on with the representation. ( 2011 )

 

Legal Malpractice: Six Figure Settlement

After more than a year of contested litigation, Bland Richter was successful in achieving a seven figure confidential settlement in a legal malpractice case arising out of a failed business transaction. (2010)

 

Legal Malpractice: Six Figure Settlement

After a lengthy legal dispute, Bland Richter was successful in achieving a six figure settlement in a legal malpractice case against two law firms arising out of alleged errors in the preparation and recording of documents in a real estate transaction. ( 2010 )

 

Legal Malpractice: Six Figure Settlement

After two years of contested litigation, Bland Richter obtained a six figure confidential settlement in a legal malpractice case for a client that alleged malpractice against an attorney for mishandling the lawsuit that the firm was retained to prosecute. ( 2010 )

 

Business Litigation: Six Figure Settlement

After two years of contested litigation and after a trial on the merits, Bland Richter obtained a six figure confidential settlement on behalf of its client in connection with a dispute over reimbursement for the use of business equipment in the client's business endeavors. ( 2010 )

 

Legal Malpractice: $900,000 Settlement

After a year and a half of contested litigation, Bland Richter settled a legal malpractice claim on behalf of its clients for $900,000. The defendant attorney had a $1,000,000 eroding errors and omissions policy. The case concerned the attorney's representation of Bland Richter's clients in the sale of family land consisting of 120+ acres of waterfront property in Beaufort, South Carolina. There were competing contracts to purchase the land for more than $12,000,000. ( 2008 )

 

Personal Injury: $206,926.08 Settlement

Bland Richter is pleased to announce that it settled a personal injury case for $206,926.08 arising out of an injury sustained by a seventh grade Clover Middle School student during track practice. The student sustained the injury after his right pinky finger was crushed when another student threw his shot put while our client was retrieving his throw. The injury resulted in the amputation of a portion of our client's right pinky finger. The allegations of the Complaint included improper supervision of the 7th and 8th grade athletes and improper training of the track coaching staff. The total damages recoverable in this case were limited by a statutory cap of $300,000.00. ( 2010 )

 

Legal Malpractice: Six Figure Settlement

After two and a half years of contested litigation, Bland Richter obtained a six figure confidential settlement on behalf of its client in a legal malpractice case where it was alleged that the client's former attorney gave him incorrect legal, tax and business advice. ( 2010 )

 

Legal Malpractice: Six Figure Settlement

After two years of contested litigation, Bland Richter obtained a six figure confidential settlement on behalf of its client based upon losses allegedly resulting from incorrect legal and business advice. ( 2010 )

 

Legal Malpractice/Breach of Fiduciary Duty: $11,500,000 Settlement

After four years of contested litigation, Bland Richter, along with their co-counsel, settled a legal malpractice/breach of fiduciary duty case for claims against all of the law firms involved for a total of $11,500,000. Bland Richter was a part of the team of attorneys involved in this protracted litigation matter. ( 2005 )

 

Bad Faith Denial of Professional Disability Payments: $3,690,000 Settlement

After three years of contested litigation, Bland Richter settled a bad faith denial of disability benefits claim for $3,690,000 against one of the country's largest disability insurers. The plaintiff was a young South Carolina trial attorney who had suffered a heart attack and, as a result, could no longer practice law as a "trial" attorney. Although the policy was an owner/occupation policy, the insurer first denied benefits on the grounds that the insured was not a trial attorney, and later denied benefits by arguing that the insured was capable of employment in a capacity other than that of a trial attorney. The total benefits due under the life of the policy if paid through age 60 would only have been approximately $850,000.

 

Legal Malpractice: Six Figure Settlement

After two years of contested litigation, Bland Richter is pleased to announce that it has obtained on behalf of its clients a six figure confidential settlement in a legal malpractice action. ( 2009 )

 

Developer Dispute:

Bland Richter is pleased to announce the resolution of an action against one of its clients arising out of a proposed 1,100 acre development near the Lowe's Motor Speedway in Cabarrus County, North Carolina. In this contested lawsuit, it was alleged that Bland Richter's client, a large Charlotte-based homebuilder and developer, had caused a development group, in which he was alleged to have been a Managing Member, to default on a $93,000,000 land deal, thus causing tens of millions of dollars in losses. In the settlement Bland Richter's client paid no money. ( 2007 )

 

Corporate Dissolution/Minority Shareholder Dispute: Six Figure Settlement

On the third day of a jury trial Bland Richter obtained on behalf of its client a six figure settlement in connection with his 19% membership interest in an entity which operated a national fast food restaurant location. Prior to the trial, the Defendants never offered to pay more than the existing capital account/book value of the client's interest in the entity plus a nominal amount in legal fees. The settlement paid him in excess of six times his capital account/book value of his 19% interest at the time of the separation of his employment with the entity. ( 2009 )

 

Wrongful Death/Minor Settlement: $800,000 Settlement

Bland Richter settled a wrongful death case involving the tragic death of a young child who was killed by a drunk driver while attempting to board a school bus. The intoxicated driver was problematic in two manners: first, he had only minimal insurance and no assets; second, the remaining defendants pointed to his unlawful conduct as a bar to recovery. After extensive discovery following commencement of the litigation, the claim ultimately settled for approximately $800,000.

 

Residential Homebuilder Defense:

Bland Richter represented a large regional homebuilder in 5 related claims in which the claimants were seeking in excess of $750,000 in damages, together with treble damages and attorney's fees in accordance with South Carolina's Unfair Trade Practices Act. The claims alleged similar construction defects, mold property damage, mold personal injury, depreciation and negative stigma impact. After a vigorous defense and arbitration of the first claimant's lawsuit, all 5 claims were subsequently settled for $40,000 each.

 

Breach of Contract: $119,000 Jury Verdict

Bland Richter obtained a jury verdict in the Richland County Court of Common Pleas in the amount of $119,000 against a pre-manufactured home builder who failed to deliver the home that the Plaintiffs had contracted to purchase. The highest pre-verdict offer to settle was $10,000.

 

Commercial Lease Dispute: $250,000 Settlement

Bland Richter successfully represented the owners of a 200,000 sq.ft. commercial building in a dispute against a tenant regarding the responsibility for replacing a 20 year old roof. Prior to trial, the tenant agreed to pay $250,000 to settle the claim. The owners were then able to install a new roof for a lesser amount.

 

Class Action Anti-Trust:

Bland Richter was successful in defending the State's largest alcohol and wine wholesaler against a class action suit brought by an alcohol retailer claiming price discrimination. Bland Richter took a proactive approach early on in defending against the allegations and was successful in obtaining the complete dismissal of the case prior to expensive and protracted discovery.

 

Defense Verdict in Class Action:

Bland Richter successfully defended a large regional homebuilder sued in a class action in which it was alleged that the homebuilder had systematically misrepresented the square footage of its homes. Bland Richter was first successful in having the cases dismissed from the United States District Court on the strength of arbitration clauses within the sales contracts. The claimants were thereafter forced to arbitrate the claims individually with the AAA. After one year of discovery and the arbitration of the first "test case" before the AAA, Bland Richter obtained a complete defense verdict. The remaining claimants dismissed their cases and no future claims were brought.

 

Defense Verdict in American Arbitration Association Matter:

Bland Richter successfully defended its longstanding builder client Lennar Homes in arbitration with the AAA wherein the claimant customer was awarded zero dollars. The claimant sued Lennar for fraud and claimed Lennar's agent misrepresented that Lennar would not in the future sell the same model home in the subdivision for less money than the purchase price paid by the claimant. Approximately a year after the claimant's closing, Lennar constructed and sold the same model of home as the claimant's down the street from the claimant for approximately $13,600 less than what the claimant paid. Obviously, Lennar denied making such a representation and Bland Richter vigorously defended the case. This is the fourth zero dollar defense verdict that Bland Richter has obtained for its clients in AAA arbitrations. Those attorneys who appear frequently before the AAA know that it is infrequent that an arbitrator will award a claimant zero dollars and find totally for the defendant simply because arbitrators are said to have a tendency to "split the baby" when rendering an award and award a claimant some monetary amount because the claimant has to pay such a steep filing fee to initiate the action, which in this particular case, the claimant homeowner paid a $750.00 filing fee.

 

Breach of Fiduciary Duty and Self-Dealing Against a Former Trustee: $1,700,000,00 Settlement

After two years of contested litigation, Bland Richter obtained a settlement totaling $1,700,000 for their three clients. Bland Richter represented three of the four vested beneficiaries of an inter-vivos trust in a lawsuit against a former trustee where claims were asserted for breach of fiduciary duty and self dealing, among other causes of action. ( 2006 )

 

Investment Advisor Liability:

Bland Richter is proud of its contribution of being part of the team of attorneys who collaborated for its clients and other plaintiffs in procuring and obtaining what is thought to be one of the largest default judgments ever obtained in a court in South Carolina. A $186,844,447.33 default judgment was obtained before The Honorable Joseph F. Anderson, Jr., against an investment advisor who was one of a number of defendants in an action involving a breach of trust and legal malpractice. ( 2005 )

 

Legal Malpractice: $270,000 plus Settlement

Bland Richter represented a former client of a law firm in a legal malpractice action matter wherein it was alleged that the attorney failed to properly represent the client in a proceeding in the United States District Court for the District of South Carolina including, specifically, the failure to appear at a hearing on the client's behalf after the case was remanded from the Fourth Circuit Court of Appeals. The matter settled for an amount in excess of $270,000. ( 2006 )

 

Medical Malpractice: $2,000,000 plus Settlement

Bland Richter settled a medical malpractice litigation matter for an amount in excess of $2,000,000 for a physician's failure to diagnose gall bladder disease.

 

Breach of Contract: $2,200,000 Settlement

Bland Richter settled a breach of contract action brought on behalf of the seller of a large commercial manufacturer against the purchasers in which there was a dispute between the parties as to the terms of an asset purchase agreement. The matter settled for $2,200,000.

 

Medical Malpractice: $1,000,000 Settlement

Bland Richter settled a medical malpractice litigation matter against an internal medicine physician for $1,000,000. The Plaintiff had been a long-term patient of the Defendant's practice and was being managed on the blood thinning medication Coumadin. The action alleged that the participating physician failed to properly monitor the medication, thus leading to the patient suffering a intracerebral hemorrhage.

 

Bad Faith Termination of Dealership: $116,421.71 Arbitration Award

Bland Richter obtained an arbitration award in the amount of $116,421.71 from the American Arbitration Association. Bland Richter represented a former Sears Roebuck small appliance retail dealer who had a retail location in Barnwell, South Carolina. It was alleged that the dealership was terminated in bad faith and without good cause. The arbitrator held that there was not good cause for the termination and awarded damages. ( 2006 )

 

Accountant Malpractice: $600,000 Settlement

Bland Richter settled a litigation matter on behalf of clients who were misled by their accountant regarding personal income tax advice. The accountant had died prior to the discovery of the claim. The client was the principal of a large corporation which had sold one of its divisions for many tens of millions of dollars. The Defendant accountant thereafter misled the client regarding the use of "tax shelters" and other tax avoidance devices to lessen the client's liability on disbursements from the division sale. Through Bland Richter, the claim was ultimately settled for $600,000, which was paid by the decedent's estate and his former employer.

 

Medical Malpractice: Seven Figure Multimillion Dollar Settlement


Bland Richter is pleased to announce that it obtained on behalf of their client a seven figure settlement of a medical malpractice litigation matter involving the alleged negligent aftercare of a surgical patient. ( 2007 )