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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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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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With Sixteen Attorneys Named to Best Lawyers List, RPWB is the Top-Listed Product Liability and Class Action Law Firm in the State

Sixteen RPWB attorneys were selected for the 2023 edition of The Best Lawyers in America® list for numerous practice areas including personal injury, product liability, mass tort, class action and medical malpractice litigation.

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

RPWB member Beth Burke was selected as personal injury lawyer of the year in Charleston, South Carolina. In addition to working on medical malpractice and personal injury cases, Burke serves in the leadership of the national lawsuit against 3M for supplying military personnel with defective earplugs. She also represents Marine Corps veterans who developed cancer and other serious conditions after consuming contaminated water at Camp Lejeune between 1953 and 1987.

Beth Burke is personal injury lawyer of the year in Charleston, S.C.

 

Here is the full list of RPWB attorneys on the 2023 edition of The Best Lawyers in America®:

Mount Pleasant, S.C.

Nina Fields Britt – Mass Tort/Class Actions Litigation

Beth Burke – Mass Tort/Class Actions, Personal Injury & Product Liability Litigation

Jerry Evans – Mass Tort/Class Actions & Product Liability Litigation

Kim Keevers Palmer – Mass Tort/Class Actions Litigation

Greg Lofstead – Product Liability & Mass Tort/Class Actions Litigation

Christiaan Marcum – Mass Tort/Class Actions & Product Liability Litigation

Tom Rogers – Medical Malpractice Law & Personal Injury Litigation

Hoyt Rowell – Healthcare Law & Mass Tort/Class Actions Litigation

Chris Tuck – Mass Tort/Class Actions, Product Liability Litigation & Qui Tam Law

Ed Westbrook – Mass Tort/Class Actions Litigation

Bobby Wood – Mass Tort/Class Actions & Product Liability Litigation

Charleston, S.C.

Michael Brickman – Antitrust Law, Mass Tort/Class Actions & Securities Litigation

Charles Patrick, Jr. – Mass Tort/Class Actions & Product Liability Litigation

Aiken, S.C.

Dave Butler – Personal Injury & Product Liability Litigation

Ken Wilson – Personal Injury & Product Liability Litigation

Edwardsville, Ill.

Jena Borden – Mass Tort/Class Actions & Product Liability Litigation

Ones to Watch

Three younger attorneys at the firm are recognized as “Ones to Watch,” a distinction for up-and-coming attorneys.

  • Chuck Dukes is listed for antitrust law, commercial litigation, mass tort/class action litigation, personal injury litigation and product liability litigation.
  • Matt Nickles is honored for personal injury and product liability litigation.
  • TAC Hargrove was selected for commercial litigation following his work on litigation associated with the failed V.C. Summer nuclear expansion project.

About Best Lawyers

Since it was first published in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence. Best Lawyers lists are compiled based on an exhaustive peer-review evaluation. More than 116,000 industry leading lawyers are eligible to vote (from around the world), and we have received more than 17 million evaluations on the legal abilities of other lawyers based on their specific practice areas around the world. For the 2023 edition of The Best Lawyers in America®, more than 12.2 million votes were analyzed. Lawyers are not required nor allowed to pay a fee to be listed; therefore, inclusion in Best Lawyers is considered a singular honor.

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Top-Listed Firm for Personal Injury, Product Liability and Mass Torts

RPWB is the top-listed plaintiff law firm in South Carolina for personal injury, product liability and mass tort litigation in the 2021 edition of The Best Lawyers in America®.

In all, 14 RPWB attorneys were named Best Lawyers in their respective practice areas. Two other RPWB lawyers were named “Ones to Watch,” a designation for younger, up-and-coming attorneys.

Also in the 2021 edition of Best Lawyers, two RPWB attorneys were honored as lawyers of the year in Charleston, SC.

Elizabeth Middleton Burke honored for her work on product liability litigation. Burke is one of the leaders in the national product liability litigation against 3M for manufacturing faulty earplugs for service members.

Thomas Rogers received the distinction for his work on medical malpractice cases

RPWB’s Best Lawyers

Jena L. Borden

  • Mass Tort Litigation / Class Actions – Plaintiffs

Michael J. Brickman

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

Nina Fields Britt

  • 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

Kimberly 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

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

RPWB’s ‘Ones to Watch’

D. Charles Dukes

  • Antitrust Law
  • Commercial Litigation

Matthew A. Nickles

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

Since it was first published in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence. Best Lawyers lists are compiled based on an exhaustive peer-review evaluation. Almost 108,000 industry leading lawyers are eligible to vote (from around the world), and we have received over 13 million evaluations on the legal abilities of other lawyers based on their specific practice areas around the world. For the 2021 Edition of The Best Lawyers in America©, 9.4 million votes were analyzed, which resulted in more than 67,000 leading lawyers being included in the new edition. Lawyers are not required or allowed to pay a fee to be listed; therefore inclusion in Best Lawyers is considered a singular honor.

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$1.5 Billion Syngenta Corn Farmer Settlement Finalized

Corn Farmer Settlement Checks Are On The Way

This week we received some very good news for corn farmers nationwide who suffered price losses associated with the botched launch of genetically-modified corn seed by Syngenta in 2013. On January 3, 2020, the U.S. District Court for the District of Kansas in Kansas City approved a $1.5 billion settlement to compensate thousands of farmers for their losses.

RPWB, along with our Beaumont, Texas- based co-counsel Mitchell Toups of Weller, Green, Toups & Terrell, LLP and Richard Coffman of the Coffman Law Firm, represented the owners of 2,600 farms growing roughly 500,000 acres of corn who saw the value of their corn plummet when China rejected imports of American corn due to it being co-mingled with corn grown from Syngenta Agrisure Viptera seed. The product has since been allowed by Chinese officials.

Corn farmers who are part of the settlement are receiving Notice of Determination forms that calculate the portion of the settlement they will receive when the checks are distributed later this year. We anticipate the checks will go out in late spring or early summer 2020. Unfortunately, there is still no way to calculate how much each farmer will receive until the Settlement Administrator verifies the total bushels of corn produced by all members of the settlement. We expect that information will be forthcoming in short order.

There is just one more step for eligible corn farmers. They must complete, sign, and submit an IRS W-9 form to the Claims Administrator to be paid. They may do so in one of two ways: (1) go to www.CornSeedSettlement.com and click SUBMIT MY W-9 FORM, or (2) complete the W-9 form included in the NOD, and mail it to: Corn Seed Settlement Program Claims Administrator, P.O. Box 26226, Richmond, Virginia 23260. There is no deadline to submit your IRS W-9 form, but until you do, you won’t be paid.

We have appreciated the opportunity to represent such a hard-working, friendly and deserving group of people on this important case. Please let us know if you have any questions.

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16 RPWB Lawyers Selected For Best Lawyers List

CHARLESTON – RPWB was once again the top-listed plaintiff law firm in South Carolina for product liability cases as well as mass tort and class action lawsuits in the 2020 edition of The Best Lawyers in America®, which was released in August 2019.

In total, 16 RPWB attorneys were designated as 2020 Best Lawyers, including David Butler, who was chosen as the personal injury lawyer of the year in the Augusta, Ga. metropolitan area. Butler, who works out of Aiken, S.C., has devoted much of his career representing asbestos victims who have developed mesothelioma, but he also works on other personal injury and product liability cases.

Here are the RPWB attorneys named to the 2020 Best Lawyers list:

Michael J. Brickman
Litigation – Securities
Mass Tort Litigation / Class Actions – Plaintiffs

Elizabeth M. Burke
Mass Tort Litigation / Class Actions – Plaintiffs
Personal Injury Litigation – Plaintiffs
Product Liability Litigation – Plaintiffs

David Butler
Personal Injury Litigation – Plaintiffs
Product Liability Litigation – Plaintiffs

Blair Hahn
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

Terry E. Richardson, Jr.
Business Organizations (including LLCs and Partnerships)
Mass Tort Litigation / Class Actions – Plaintiffs
Personal Injury Litigation – Plaintiffs
Railroad Law

Thomas D. Rogers
Medical Malpractice Law – Plaintiffs
Personal Injury Litigation – Plaintiffs

Hoyt Rowell III
Health Care Law
Mass Tort Litigation / Class Actions – Plaintiffs

Christopher Tuck
Mass Tort Litigation / Class Actions – Plaintiffs

Charles W. Patrick, Jr.
Mass Tort Litigation / Class Actions – Plaintiffs
Product Liability Litigation – Plaintiffs

Edward J. Westbrook
Mass Tort Litigation / Class Actions – Plaintiffs

Kenneth J. Wilson
Product Liability Litigation – Plaintiffs

Bobby Wood
Mass Tort Litigation / Class Actions – Plaintiffs

Since it was first published in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence. Best Lawyers lists are compiled based on an exhaustive peer-review evaluation. Almost 94,000 industry leading lawyers are eligible to vote (from around the world), and we have received over 11 million evaluations on the legal abilities of other lawyers based on their specific practice areas around the world. For the 2020 Edition of The Best Lawyers in America, 8.3 million votes were analyzed, which resulted in more than 62,000 leading lawyers being included in the new edition. Lawyers are not required or allowed to pay a fee to be listed; therefore inclusion in Best Lawyers is considered a singular honor. Corporate Counsel magazine has called Best Lawyers “the most respected referral list of attorneys in practice.”

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RPWB is a 2019 U.S. News Best Law Firm

CHARLESTON, S.C. – Richardson, Patrick, Westbrook & Brickman was named a 2019 Best Law Firm by U.S. News & World Report, recognizing the plaintiff firm for its work on mass torts and class actions, product liability, securities, healthcare law, medical malpractice and personal injury lawsuits.

With 16 lawyers listed on the underlying Best Lawyers in America list, RPWB was the top-listed plaintiff law firm in the country for its work on mass torts and class actions. RPWB was the top-listed plaintiff law firm in South Carolina for mass torts, personal injury and product liability.

Four RPWB attorneys were new to the list: Brady Thomas, Chris Tuck, Bobby Wood and Ken Wilson. RPWB founding member Ed Westbrook was named Lawyer of the Year for class actions and mass torts in the Charleston-area.

Here are the RPWB attorneys named to the 2019 Best Lawyers list:

Michael Brickman
Litigation – Securities
Mass Tort Litigation/Class Actions – Plaintiffs

Elizabeth Middleton Burke
Mass Tort Litigation/Class Actions – Plaintiffs
Personal Injury Litigation – Plaintiffs
Product Liability Litigation – Plaintiffs

David Butler
Personal Injury Litigation – Plaintiffs
Product Liability Litigation – Plaintiffs

Greg 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 Patrick
Mass Tort Litigation/Class Actions – Plaintiffs
Product Liability Litigation – Plaintiffs

Terry Richardson
Business Litigation
Mass Tort Litigation/Class Actions – Plaintiffs
Personal Injury Litigation – Plaintiffs
Railroad Law

Tom Rogers
Medical Malpractice Law – Plaintiffs
Personal Injury Litigation – Plaintiffs

Hoyt Rowell
Health Care Law
Mass Tort Litigation/Class Actions – Plaintiffs

Chris Tuck
Mass Tort Litigation/Class Actions – Plaintiffs

Ed Westbrook
Mass Tort Litigation/Class Actions – Plaintiffs

Ken Wilson
Product Liability Litigation – Plaintiffs

Bobby Wood
Mass Tort Litigation/Class Actions – Plaintiffs

About RPWB

RPWB was formed in 2002 as a collective of talented legal minds who focus on complex litigation throughout the United States. The firm is well-respected for its work on mass torts and product liability cases, including mesothelioma lawsuits and pharmaceutical litigation. RPWB attorneys regularly hold leadership positions on class actions and other mass torts across the nation.

RPWB founding member Terry Richardson was among the first attorneys in the nation to successfully hold asbestos manufacturers liable for causing mesothelioma cancer. Several attorneys at the firm played pivotal roles in the fight against tobacco companies in the 1990s that led to the Tobacco Master Settlement Agreement. Some of those same attorneys are currently assisting six Canadian provinces seeking to recoup public healthcare spending on smoking-related illnesses.

In addition to national litigation, RPWB also represents individual people in many practice areas, including: catastrophic personal injury, truck accidents, railroad accidents, construction defects, medical malpractice, mesothelioma and other occupational lung disease, whistleblower & qui tam, nursing home abuse, pharmaceutical drugs and medical device cases.

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