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RPWB Announces the Passing of D. Charles “Chuck” Dukes

It is with tremendous sadness that we announce the death of RPWB member attorney, D. Charles “Chuck” Dukes.

Chuck died on July 29th, one day before his 46th birthday. He is survived by his wife Jenn and two daughters, Eva and Arabelle.

A native of North Carolina, Chuck obtained his B.S. in Business Administration from the University of North Carolina at Wilmington.  After beginning his career in real estate development, Chuck moved from Texas to Charleston to attend the Charleston School of Law. He began clerking for RPWB while he was in law school. Upon graduation, he was hired full-time in 2013 as an associate attorney. In 2023, he became a partner in the firm.

Chuck was a member of RPWB’s consumer class action team, where he represented people seeking justice in state and federal courts throughout the country as well as whistleblowers who exposed fraud perpetrated against the U.S. government.

He was a tireless advocate for justice and took great pride in helping the families of clients who were going through the hardest moments of their lives. In one such case, he secured $5.4 million for the grieving widow of a young man killed by a drunk driver in downtown Charleston.

Chuck was known around the office for his warmth, humor and compassion.

A Celebration of Life in Chuck’s honor will be held Friday, August 22nd at 2:00 PM at the Church of Our Saviour, 4416 Betsy Kerrison Pkwy, Johns Island, SC 29455. His daughters ask that guests wear his favorite color, blue.

Click here to learn more about our friend and colleague.

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RPWB Attorney Beth Burke Honored with the Richard D. Hailey Distinguished Service Award

We are thrilled to announce that Beth Burke, partner at Rogers, Patrick, Westbrook & Brickman (RPWB), has been awarded the prestigious Richard D. Hailey Distinguished Service Award by the American Association for Justice.

This honor, presented annually by AAJ, celebrates outstanding members of the Board of Governors who have provided special assistance to the AAJ President and to the organization. The award recognizes dedication, leadership, and exceptional service behind the scenes—dedication that advances AAJ’s mission and strengthens the legal community.

A Champion for Justice

Beth has made her mark not only in the courtroom, but also within AAJ’s leadership. Elected to the AAJ Board of Governors and as a Republican Caucus Representative, she has served the association with passion and professionalism.

Over the past year, Beth’s steadfast support has been invaluable to AAJ’s leadership. In her role, she has:

  • Collaborated closely with AAJ’s president to further legislative and organizational priorities.
  • Served as a key advisor on initiatives supporting plaintiff attorneys nationwide.
  • Encouraged wider engagement across AAJ’s diverse caucuses and member groups.

Her work behind the scenes has ensured that AAJ’s voice remains strong, unified, and effective.

A Stellar Legal Career & Community Advocate

Beth is best known for her leadership in products liability and mass tort litigation, including serving as co-chair of the national plaintiffs’ steering committee in the landmark 3M Combat Arms Earplugs MDL. She also fights tirelessly for veterans harmed by contaminated water at Camp Lejeune and clients injured by pharmaceuticals and medical malpractice.

  • Regional Recognition: Named 2023 Charleston Personal Injury Lawyer of the Year by Best Lawyers in America, reflecting her deep local impact.
  • National Leadership: A regular presence in AAJ’s education programs and litigation groups, Beth mentors young attorneys and shares her mastery in strategy and courtroom advocacy.

Please join us in congratulating Beth Burke on this remarkable achievement! Her unwavering dedication—to justice, AAJ, and the communities she serves—is an inspiring example of what leadership in our profession should look like. We can’t wait to see what she accomplishes next.

 

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Boiling Crab Restaurant Settlement Update

LAS VEGAS, N.V. – A class action lawsuit brought by employees of the Boiling Crab restaurant in Las Vegas, involving allegations over a tip pool, has reached a settlement on behalf of all opt-in employees.

In the lawsuit, filed on October 7, 2020, plaintiffs alleged that The Boiling Crab Vegas, LLC, violated the Fair Labor Standards Act by improperly requiring employees to share tips with employees referred to as DSLs (alternatively referred to as shift leads, working leads, designated shift leads, daily shift leads, daily server leads, and leads on duty).

The Honorable Richard F. Boulware of the U.S. District Court for the District of Nevada has granted final approval of the settlement.  The settlement provides current and former employees of the restaurant with 90 percent of their actual tip pool losses and another 90 percent in liquidated damages.

RPWB, which served as lead counsel for the employees, has provided notice to all former employees who opted into the lawsuit.  The deadline to accept the payment expires on July 1, 2025.

Any opt-in plaintiff requiring additional information should contact T. Christopher Tuck in advance of the deadline.

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Gordon Rhea Nominated To Be US-VI Attorney General

RPWB would like to extend a congratulations to our colleague, Gordon Rhea, on his nomination to become the next Attorney General of the U.S. Virgin Islands.

Governor Albert Bryan Jr. recently announced the nomination of Rhea, who worked at RPWB first as a member attorney and then later in an of counsel capacity. While at RPWB, Rhea worked on environmental contamination cases, toxic torts and other complex civil and criminal litigation.

Rhea is a 40-year member of the Virgin Islands Bar, where he has been recognized with the highest honors, including this year’s Winston Hodge Award for his contributions to law and justice in the community.

A graduate of Stanford University Law School, Mr. Rhea’s career began defending complex criminal cases in Los Angeles. He quickly distinguished himself in Washington, D.C., serving as Special Assistant to the Chief Counsel of the Senate Select Committee on Intelligence Activities, where he was instrumental in significant national investigations, including those into the CIA and FBI. Following his tenure with the Senate, Mr. Rhea served as an Assistant United States Attorney and later as the Executive Assistant United States Attorney under Charles C. Ruff in Washington, D.C. There, he managed a range of high-profile prosecutions and oversaw operations at one of the nation’s largest Federal prosecutor’s offices.

Since practicing in Virgin Islands, Rhea has been an integral part of the territory’s legal community. He prosecuted major criminal cases as an Assistant United States Attorney and later co-founded a renowned law firm in St. Croix. His work in civil litigation includes landmark cases that have shaped industrial and environmental law practices in the territory. In one such case, and while working at RPWB, Rhea represented the Virgin Islands government in litigation against the owners of refineries in St. Croix.  The settlements were estimated to range from $125 million to $145 million, including clean-up work at the sites and cash payments of approximately $65 million. Defendants included Hess Oil Virgin Islands Corporation (HOVIC) and Hovensa, LLC, operators of a large oil refinery, and Lockheed Martin, St. Croix Alumina, LLC (SCA), Alcoa World Alumina, LLC, and St. Croix Renaissance Group, LLLP, owners and operators of an alumina refining plant.

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Asbestos Finally Banned in United States

We’ve been waiting nearly 50 years to type this: Asbestos is finally banned in the United States.

After decades of inadequate protections for workers, the EPA has finally banned the only remaining type of asbestos still imported into America. More than 50 countries have already banned the use of asbestos, which is known to cause several types of cancer including mesothelioma and ovarian cancer.

The asbestos in question, chrysotile, is used in a variety of products, including asbestos diaphragms, sheet gaskets, brake blocks, aftermarket automotive brakes/linings, other vehicle friction products, and some other types of gaskets. The use of asbestos has been declining as years progress.

Although there are several types of asbestos that occur naturally in the environment, only chrysotile had been used in the United States in recent years. In fact, raw chrysotile asbestos was imported into the United States as recently as 2022 for use by the chlor-alkali industry. Known as “white asbestos,” most consumer products that historically contained chrysotile asbestos have been discontinued.

RPWB attorneys have been helping asbestos victims with personal injury lawsuits against asbestos manufacturers for more than 40 years. Our work continues to hold the asbestos industry responsible for the estimated 40,000 asbestos-related deaths in the United States each year. With a verdict of $250 million, RPWB continues to hold the record for the largest single asbestos verdict in our nation’s history and we have helped workers in nearly every U.S. state and territory.

While the use of asbestos in new products is declining, it remains present in a variety of buildings throughout the country. Asbestos was widely used in construction through the 1970s and was used much longer than that in other industries.

The move by the EPA to implement the rule banning chrysotile asbestos will save lives, but unfortunately, due to the prevalence of asbestos and the long latency period for mesothelioma and lung disease, many people will continue to be diagnosed for years to come. In recent years, many people have come into contact with asbestos in talc products, including cosmetics, talcum powder and baby powder. Asbestos and talc occur naturally in nature, so there is a risk of contamination with talc products.

If you or a loved one has been diagnosed with mesothelioma, please contact us for a free, no obligation case review. All of our asbestos attorneys have devoted their careers to help asbestos victims.

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Gordon Rhea Wins USVI Bar Association’s Highest Honor

RPWB of counsel attorney Gordon Rhea was honored with the highest award during the Virgin Islands Bar Association’s annual meeting on December 8, 2023. The award ceremony highlighted Rhea’s dedication to the legal profession and his commitment, dedication and valuable contributions to the people of the Virgin Islands.

The Winston A. Hodge Award for Public Service was established by the Board of Governors in 1997 to commemorate the exemplary legacy of Winston A. Hodge, a distinguished member who embodied the values of community service, commitment, and dedication to the legal profession. Known as the “Dean” of the Bar, Winston A. Hodge made significant contributions to bar activities and left a mark on the legal community.

The recipients of the award are individuals who have demonstrated the same ideals and commitment that the late Attorney Hodge stood for. By honoring those who follow in his footsteps, the award continues to celebrate and preserve the spirit of public service within the Virgin Islands legal community.

Rhea has handled a variety of complex civil and criminal cases in the U.S. Virgin Islands, including toxic torts, abusive tax shelters, business disputes, class actions and white-collar criminal matters. He splits his time between the islands and Mount Pleasant, S.C.

Outside of his legal practice, Rhea is an award-winning historian who has written eight books about the Civil War and Reconstruction.

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RPWB Represented a Whistleblower who Helped the Federal Government Recoup $1.7 million

ORLANDO, Fla. – The federal government has recouped $1.7 million from a healthcare provider who fraudulently billed Medicare and TRICARE for medical procedures that were not deemed necessary and were performed by an unqualified technician.

In the settlement agreement, Jena Medical Group LLC, as well as several individuals associated with the company, have agreed to repay federal payments to resolve allegations that they violated the False Claims Act by submitting the claims for radiofrequency ablations.

The case began with a whistleblower action brought by a former employee of the company. The whistleblower was represented by RPWB attorneys Chris Tuck, Bobby Wood and Chuck Dukes.  The investigation revealed that the company billed Medicare and TRICARE for radiofrequency ablations that were not medically necessary and were performed by an unqualified technician from January 2018 to December 2020.  Jena Medical also permitted the washing and re-use of catheters that were designed for a single use, thus putting the patients at unnecessary risk.

By law, people with information about fraudulent claims submitted to the government for payment can sue under qui tam, or whistleblower, provisions of the False Claims Act. The act allows such whistleblowers to share in the government’s recovery.

“The False Claims Act gives an additional incentive for people to report fraud perpetrated against taxpayers,” said RPWB attorney Chris Tuck. “In this case, the relator was able to help the federal government recoup a significant amount of money and share in the proceeds. We urge anyone with first-hand knowledge of fraud perpetrated against the federal government to consult with an attorney at RPWB for a confidential case review.”

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Local Non-Profit to Receive $500,000 to Help Low Income Households Save Money on Power Bills

CHARLESTON, S.C. – A local energy conservation non-profit will receive nearly $500,000 to help low income residents in Berkeley, Georgetown and Horry counties conserve energy and save money on energy bills.

The Sustainability Institute will receive $484,345.89 in unclaimed monies from the 2021 settlement of the class action lawsuit Hearn v. Santee Cooper. The case was filed in 2017 on behalf of Santee Cooper ratepayers who paid increased and improper utility rates in connection with Santee Cooper’s cancelled construction of a coal-fired generation facility at the Pee Dee Energy Campus.

As part of the settlement agreement, 50 percent of any unclaimed funds are earmarked for energy assistance to low income individuals. The remaining 50 percent will be distributed to the South Carolina Bar Foundation to support activities and programs promoting access to the civil justice system for low income residents of South Carolina.

After vetting several organizations, attorneys representing the ratepayers selected the Sustainability Institute to provide a variety of services that will help low income residents reduce their electrical usage.

The Sustainability Institute will utilize the funding to:

  • Provide 750 to 1,000 households with energy conservation education through in-person and online community workshops;
  • Conduct comprehensive energy audits, including diagnostic performance testing, for 150 households;
  • Perform meaningful weatherization upgrades to 150 households;
  • Serve between 30 and 60 households in need of more extensive home performance upgrades; and
  • Replace HVAC systems for at least five households

“The Sustainability Institute is delighted to receive this funding to assist Santee Cooper customers with energy improvements to their homes and other services that will reduce energy bills,” said Bryan Cordell, director of the Sustainability Institute. “With 1 in 4 families across our region facing energy insecurity, this is a great opportunity to help families conserve energy and generate ongoing savings at a time when so many people need this help.”

Attorneys at RPWB, along with co-counsel, filed the class action in 2017. The utility ultimately settled the litigation in March 2021 and the funds were then distributed to eligible class members. Some class members never claimed their funds or were unable to be located, leaving this leftover amount that is to be donated to the Sustainability Institute and to the South Carolina Bar Foundation.

“Now that all eligible class members have received their settlement, these unclaimed funds will be put to good use,” said RPWB attorney TAC Hargrove. “We are excited by what this money will allow the Sustainability Institute to do and the lasting impact it will make. This funding will help low income households lower their power usage and save money on their power bills for years to come.”

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RPWB Announces the Passing of J. David Butler

It is with great sorrow and heavy hearts that we announce the passing of our friend, colleague and law partner, J. David Butler on September 30, 2023, after a valiant three-year battle with cancer. He was a friend to all and was, quite simply, the nicest guy one could have the pleasure of knowing.

Dave devoted his 30-year legal career to representing individuals across the country who suffered harm from corporate wrongdoing. Dave was a fierce advocate for asbestos and mesothelioma victims and was known for his compassion, integrity and dedication to his clients and their loved ones. Over the last three years, Dave selflessly and bravely continued helping other families seek justice as he underwent cancer treatments himself.

Above all, Dave was a kind and generous family man who put his loved ones and friends before himself. He had no love greater than that for his wife, Kim, and three daughters – Elizabeth, Hannah and Rebecca. He was a passionate Florida State fan and was most at home when grilling for his family on game day.

Working with and knowing someone like Dave is a rare gift, and he will be missed tremendously at RPWB. We send our love and condolences to his family and many friends.

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17 RPWB Attorneys Selected for Best Lawyers in America List

MOUNT PLEASANT, S.C – Seventeen RPWB attorneys were selected for the 2024 edition of The Best Lawyers in America® list for numerous practice areas including personal injury, product liability, mass tort, class action, qui tam and medical malpractice litigation.

This marks the seventh consecutive year in which RPWB is the top-listed plaintiff law firm in South Carolina for class action & mass tort litigation.

RPWB member Kim Keevers Palmer was selected as Lawyer of the Year in Charleston for mass tort and class action litigation. Christiaan Marcum was Lawyer of the Year in Charleston for his product liability work.

Additionally, three RPWB attorneys were selected for the “Ones to Watch” category that is reserved for younger, up-and-coming lawyers.

Here is the full list of RPWB attorneys on the 2024 edition of The Best Lawyers in America®:

James C. Bradley

  • Litigation – Antitrust
  • Mass Tort Litigation / Class Actions – Plaintiffs

Michael J. Brickman

  • Antitrust Law
  • Litigation – Securities
  • Mass Tort Litigation / Class Actions – Plaintiffs

Nina Fields Britt

  • Antitrust Law
  • Mass Tort Litigation / Class Actions – Plaintiffs

Elizabeth M. Burke

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

J. David Butler

  • Personal Injury Litigation – Plaintiffs
  • Product Liability Litigation – Plaintiffs

Jerry Hudson Evans

  • 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

Charles W. Patrick, Jr.

  • Mass Tort Litigation / Class Actions – Plaintiffs
  • Product Liability Litigation – Plaintiffs

Thomas D. Rogers

  • Medical Malpractice Law – Plaintiffs
  • Personal Injury Litigation – Plaintiffs

A. Hoyt Rowell III

  • Health Care Law
  • Mass Tort Litigation / Class Actions – Plaintiffs

T. Christopher Tuck

  • Mass Tort Litigation / Class Actions – Plaintiffs
  • Product Liability Litigation – Plaintiffs
  • Qui Tam Law

Edward J. Westbrook

  • Mass Tort Litigation / Class Actions – Plaintiffs

Kenneth J. Wilson

  • Personal Injury Litigation – Plaintiffs
  • Product Liability Litigation – Plaintiffs

Robert S. Wood

  • Mass Tort Litigation / Class Actions – Plaintiffs
  • Product Liability Litigation – Plaintiffs

Ones to Watch – Designation for younger attorneys

D. Charles Dukes

  • Antitrust Law
  • Commercial Litigation
  • Mass Tort Litigation / Class Actions – Plaintiffs
  • Personal Injury Litigation – Plaintiffs
  • Product Liability Litigation – Plaintiffs

Theodore Hargrove II

  • Commercial Litigation

Matthew A. Nickles

  • Personal Injury Litigation – Plaintiffs
  • Product Liability Litigation – Plaintiffs

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