Appellate
South Carolina Appellate Practice
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The South Carolina section of the Nelson Mullins Appellate Practice Group, comprised of former appellate court Law Clerks, has over seventy-two collective years of experience in appellate practice.
Other members of the South Carolina section are:
When your company suffers a bad result or faces a case which could jeopardize the company’s financial security, procuring the services of an appellate lawyer is very important. Similarly, an understanding of appealability, an understanding of error preservation, increasing your chances for obtaining certiorari review, and seeking extraordinary writs where desirable are valuable and necessary skills appellate lawyers possess. Even in more routine litigation matters, your company should retain appellate counsel to ensure that the State’s highest courts experience consistent and quality advocacy from the attorneys who represent you. Quality advocacy will also serve to anticipate what may have been unforeseen consequences and to produce reported decisions which best protect your company’s interests. The South Carolina section of the Nelson Mullins Appellate Practice Group offers a unique depth of experience and expertise in the following areas: Experience and Familiarity with the Courts The members of the South Carolina section of the Nelson Mullins Appellate Practice Group - all former Law Clerks - understand cases from the judicial perspective and can apply personal experience and unique insight because of their backgrounds. Extraordinary Writs Practice The group has sought extraordinary writs of certiorari in the original jurisdiction of the South Carolina Supreme Court in numerous instances in matters where appealability was not available or was in question. The group has prepared writs pertaining to onerous discovery orders, matters involving privilege, and matters involving important public policy issues. The group also has experience with other extraordinary writs, such as a writ of prohibition and a writ of mandamus. Appealability A large body of law exists on what kinds of orders are immediately appealable. The group routinely counsels clients and other attorneys on appealability matters and related matters, such as the application of a stay regarding the lower court proceedings upon the filing of an interlocutory appeal. Supersedeas and Stays, Including Stays of Execution The group is familiar with appeal bonds, other security designed to preclude attempted execution on judgment efforts, supersedeas motions, and related matters. Sometimes the size of a trial court judgment means knowledge of these areas becomes critical to the client’s overall business. Consultation on Legal Strategies and Preservation of Error Issue preservation presents many traps for the unwary trial counsel. On numerous occasions, members have consulted clients to ensure that during the pretrial and trial phases all important legal points and arguments are preserved for potential appeal. Members of the group have sat in on various parts of trials for this purpose, reviewed directed verdict motions grounds in advance, and reviewed jury charges. Mr. Brown and Ms. Campbell have also authored articles on this subject. Oral arguments Members of the group have argued dozens of cases to a variety of appellate courts, including the South Carolina Supreme Court, the South Carolina Court of Appeals, and the United States Court of Appeals for the Fourth Circuit, Sixth Circuit, and Eleventh Circuit. Post-Trial Motions and Arguments Members of the group have been retained by clients immediately after suffering a bad verdict result for assistance with post-trial motions and arguments. Members have on occasion completely taken over post-trial motions and in other instances consulted with and assisted trial counsel with the preparation and delivery of post-trial motions. On one such occasion, the trial judge agreed with post-trial motions and threw out a $30 million verdict awarded by the jury. On another, the filed post-trial motions and accompanying briefs helped a mediator get the parties to settle a multi-million matter in a court-ordered post-trial mediation setting. Briefs Members have prepared hundreds of appeal briefs in cases in a variety of appellate courts, including in the United States Supreme Court. Samples of briefs are available upon request. High-Stakes Appeals Members of the group have been retained to work on cases where an entire multi-billion dollar industry was at stake, and in several instances where multi-million verdicts were rendered. Members have also been retained and successfully argued cases where a nationwide split of authority existed regarding legal questions worth many millions of dollars to clients. Original Jurisdiction Actions Members of the group have a depth of experience bringing and defending against original jurisdiction actions in the South Carolina Supreme Court. There are few rules and procedures for bringing an original jurisdiction action, and those with experience in this area enjoy an advantage. If bringing an action, for example, the client must first clear the initial hurdle of making a convincing case that the Court should exercise its jurisdiction. Clients facing important issues affecting public policy need to consider an original jurisdiction action, among other options. Creative Appellate Court Strategies Creativity is critical in all litigation, and particularly in the appellate courts. Members of the group have been retained by an industry group after one of its corporate members lost an appeal. We successfully moved to intervene and then successfully sought a rehearing in the matter, leading to a substituted opinion from the Court. Appeals of important intermediate orders have been joined with extraordinary writ requests when circumstances have warranted those actions. Seeking certified questions for answering by the South Carolina Supreme Court while in federal district court litigation can also be an important strategy that transcends a particular case. Bringing an action for declaratory judgment in the original jurisdiction of the South Carolina Supreme Court can also be an important, nontraditional strategy for a client, depending on need. Amicus briefs Members of the group have been retained to represent a variety of amici in the appellate courts in cases where Nelson Mullins is not directly involved. Examples of Amici represented include various trade and industry organizations and associations, the South Carolina Defense Trial Attorney’s Association, and the Products Liability Advisory Council.. |
