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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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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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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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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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RPWB Helped Doctors Get Refunds for Non-Conforming Records Software

RPWB attorneys played a leading role in more than 5,000 doctors’ offices receiving refunds for being misled about their electronic medical record software qualifying for Medicare and Medicaid incentives.

For years, Greenway Health sold software it claimed was certified under the federal government’s “Meaningful Use” program. That program includes financial incentives designed to reward physicians for choosing electronic medical record software that uses a standardized format designed to cut down on human error, easily be shared by multiple health providers and simplify the claims process.

The class action lawsuit against Greenway Health was filed in 2019 on behalf of physician offices that purchased the software. Over the course of the suit, extensive discovery was conducted, including more than a million pages of exchanged information.

It became clear the company was aware of flaws in its software and had designed the software in a manner that appeared to pass the federal government’s tests even though it did not have the functionality required.

In the end, a settlement was reached in 2021 that refunded thousands of doctors throughout the country. Not a single class member objected to the settlement, and the checks were disbursed earlier this year.

“The software is incredibly expensive and the switching costs for a doctor’s office are quite high,” said RPWB attorney Jim Bradley, one of the attorneys who litigated the case. “We were pleased that we could return money to these physician offices to compensate them for being sold a product that did not meet the stated specifications.”

In addition to Bradley, RPWB attorneys Michael Brickman, Nina Fields and Caleb Hodge served as class counsel in the lawsuit against Greenway Health.

 

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U.S. News: RPWB is a Best Law Firm for National Mass Torts & Class Actions

RPWB is a top plaintiff law firm for our work on national mass torts and class actions, according to the 2022 Best Law Firm rankings by U.S. News & World Report.

In addition to the national ranking for mass torts/class actions, RPWB was listed as a Best Law Firm for personal injury, product liability, medical malpractice and health care litigation in our home state of South Carolina.

For a complete roundup of our listings, please click here.

The announcement by U.S. News followed RPWB’s inclusion on the 2022 Best Lawyers in America list, in which 16 RPWB attorneys were recognized for their work. RPWB was the top-listed plaintiff law firm in South Carolina for product liability cases and mass tort litigation.

RPWB attorneys regularly hold leadership positions in class actions and other mass torts across the nation. We have leadership roles in both the 3M Combat Arms Earplug MDL and the Aqueous Film-Forming Foams Product Liability MDL. In recent years, RPWB played a leading role in litigation associated with the failed VC Summer Nuclear Power Plant project. The resulting settlements provided billions in relief for South Carolina’s ratepayers and resolved some of the most complex litigation in the state’s history.

RPWB lawyers have been at the forefront of asbestos litigation since the 1970s. We have helped mesothelioma victims in nearly every US state and territory collect money from asbestos manufacturers who put profits over the health of American workers.

The firm’s usefulness even extends across international borders. RPWB attorneys are foreign legal consultants for six Canadian provinces seeking to recoup public money spent on smoking-related illnesses.

While RPWB is proud to help large groups of people who have been wronged, the firm remains deeply rooted in our work to help individuals in their times of intense need.

Rogers, Patrick, Westbrook & Brickman represents clients in many types of cases, including wrongful death and personal injury, truck accidents, railroad accidents, construction defects, medical malpractice, mesothelioma and other occupational lung disease, whistleblower & qui tam, nursing home abuse, and pharmaceutical drug and medical device injury.

RPWB is ranked nationally for its work on class actions and mass torts

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RPWB Welcomes a New Member

Matt Nickles, who has worked as an associate at our firm since 2014, became a member at the beginning of this year.

Nickles focuses on medical malpractice, nursing home neglect, catastrophic personal injury, premises liability, product liability, class actions and other complex litigation. He is experienced in litigating medical malpractice and pharmacy liability cases, including the case of a young girl with developmental disabilities who died as a result of being prescribed a fatal dose of phenobarbital.

A native of Columbia, Nickles was exposed to the law at an early age. His mother worked as general counsel for the state Department of Social Services and his father is a well-known attorney who took on the video poker industry.

It was those early experiences and the stories told around the dinner table that sparked an interest in the law. Nickles graduated with a degree in European history from Washington & Lee University and a law degree from the University of South Carolina School of Law.

During law school, he interned for the Honorable Margaret Seymour, a federal judge in the District of South Carolina, and clerked for RPWB.

Following graduation, he worked for a Columbia defense firm, Walker Reibold, before spending two years as a law clerk for the Honorable Richard Gergel.

We are thrilled to have him as a part of our membership.

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RPWB is a 2020 U.S. News & World Report Best Law Firm

CHARLESTON, S.C. – U.S. News & World Report has named Richardson, Patrick, Westbrook & Brickman as a 2020 Best Law Firm for the firm’s work in personal injury, mass torts and class actions, product liability, medical malpractice, securities litigation, healthcare law and railroad law.

U.S. News’ announcement came on the heels of the 2020 Best Lawyers in America list, in which 16 RPWB attorneys were recognized for work in their respective practice and geographic areas. This included a Personal Injury Lawyer of the Year designation for Dave Butler, an asbestos lawyer who works across the country helping people with mesothelioma lawsuits from his office in Aiken, South Carolina.

RPWB was the top-listed plaintiff law firm in South Carolina for work on product liability cases, class action lawsuits and mass torts. In 2019, the firm had the most lawyers on the list in the entire country for mass torts and class actions.

RPWB was founded in 2002, when four of the six shareholders of the very successful law firm Ness, Motley, Loadholt, Richardson & Poole formed a new firm to focus on complex litigation throughout the United States.

RPWB attorneys regularly hold leadership positions on class actions and other mass torts across the nation. In 2019, RPWB lawyers were named to the leadership of national lawsuits, including the 3M Combat Arms Earplug MDL and the Aqueous Film-Forming Foams Product Liability MDL.

The firm remains deeply rooted in work to help mesothelioma victims. Terry Richardson, a founding member of RPWB, was one of the first attorneys in the nation to win a mesothelioma lawsuit against asbestos manufacturers. Since then, RPWB has successfully represented mesothelioma victims throughout the United States. 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. RPWB is currently helping six Canadian provinces in their fight to recoup money spent on treating smoking-related illnesses.

In addition to national litigation, RPWB also works on individual lawsuits in a variety of practice areas, including: wrongful death, 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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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 Welcomes A New Member

Richardson, Patrick, Westbrook & Brickman is proud to announce that Aaron Dias has been named the firm’s newest member.

Dias has spent the entirety of his legal career with RPWB, beginning as a clerk during law school. In 2005, he became an associate attorney at the firm. His practice focuses primarily on pharmaceutical and other product liability lawsuits. He also has significant experience working on natural resources damage cases and other toxic torts.

He came to the firm with a strong scientific background that he puts to use on behalf of his clients throughout the United States. Prior to law school, Dias was a chemist at the National Oceanic and Atmospheric Administration (NOAA) for eight years.

Outside of work, Dias is an avid tennis fan and player.

For more on Dias, please click here.

RPWB has 30 attorneys, including 18 members, who represent clients nationally from six offices in South Carolina and Illinois. U.S. News & World Report has designated RPWB as a 2019 Best Law Firm for work on mass torts and class actions, product liability, securities, healthcare law, medical malpractice and personal injury lawsuits. With 16 lawyers on the Best Lawyers in America list, RPWB is the top-listed plaintiff law firm in the country for work on mass torts and class actions, and was the top-listed plaintiff law firm in South Carolina for mass torts, personal injury and product liability. Additionally, many RPWB attorneys are featured by Super Lawyers for being among the best in their respective practice areas.

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