Wednesday, August 29, 2012

New South Carolina Products Liability Case

Like I said in my last post, I have been a bit behind on blogging as a result of taking a vacation and having a fairly busy August.  However, on August 8, 2012, the South Carolina Supreme Court issued its opinion in Weston v. Kim's Dollar Store, No. 27155 (S.C. filed Aug. 8, 2012).  You can find the decision here.

As you may recall, I briefed the South Carolina Court of Appeals decision in this case, Weston v. Kim's Dollar Store, 385 S.C. 520, 684 S.E.2d 769 (Ct. App. 2009).  My brief of the court of appeals case can be found here.  The South Carolina Supreme Court granted a writ of certiorari to review the court of appeals decision, and it affirmed the court's decision. 

This is a preemption case, so it is significant in the world of drug/medical device litigation.  I will try in the next couple of days to do a case brief that supplements the earlier brief of this case, and I will post a hyperlink to it once it is completed.

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Tuesday, August 28, 2012

SCDTAA Products Liability CLE Was a Success

I am pleased to report that the South Carolina Defense Trial Attorneys Association Products Liability CLE was a success!  Last Friday, we had about 20 to 25 attorneys attend to hear speakers present about current issues in South Carolina products liability law.  I want to thank all of my speakers, who did a fantastic job.  I also would like to thank the people who attended the event.  For our first CLE devoted solely to products liability law, I was very pleased with the turnout.  (When you plan something like this for the first time, there is always a fear that no one will show up).    Finally, special thanks to AWR Court Reporting.  AWR's generosity allowed me to do plan this CLE at a fraction of what it otherwise would have cost, and they also did a great presentation about all of their services. 

I also received some very kind words from Michael Freeman and Dick Willis about this blog, and I greatly appreciate it.  Sometimes it is hard to keep up with blogging on a consistent basis, but it is nice to know there are folks who check in from time to time and enjoy the blog. 

Originally, I thought this CLE may be something that would be great to do on a yearly basis.  However, after planning this one, I am not sure this is a practical idea.  (Make no mistake, the topic is worthwhile and I enjoyed planning it).  South Carolina's products liability law does not change very quickly.  For example, our state appellate courts have only issued two products liability decisions this year.  That is not a criticism at all, but it means that having "new" material on a yearly basis is a bit of a challenge.  My fear is that the presentation would be pretty much the same every year, with only minor variations.  A good goal may be to do something like this every three to five years to evaluate any big changes in the law.  We will see, and I am open to suggestions. 

Again, thanks to all who presented and attended.  I am a bit behind on blogging, but I have some things to post in the coming days, so keep checking in. 

Friday, August 17, 2012

SCDTAA Products Liability CLE: There's Still Time to Register!

We are one week away from the South Carolina Defense Trial Attorneys Association Products Liability CLE!  As discussed in greater detail in this post, the CLE will be an all-day seminar of speakers and topics devoted to South Carolina's products liability law and defending these claims.  We have a fantastic group of speakers and topics, and this is a great way to get a block of CLE hours for a reasonable price.

This CLE is is available to members of SCDTAA, attorneys associated with an SCDTAA member firm, and individuals who work in claims management. If you would like to register for this seminar, visit the SCDTAA registration site.  I look forward to seeing you there!