Nearly one year ago, in this space, we addressed the issue of whether South Carolina’s attorney-client privilege was facing its ultimate demise, in the context of insurance bad faith litigation. At that time, based upon an...more
Discovery is a critical part of most cases. Some law firms have entire sections dedicated solely to discovery. Some attorneys enjoy the quest for more information while others find discovery to be the bane of their existence....more
More than a year ago, we examined the agonizing history of Vanderhall, a single case spanning several years, marked by a panoply of fact twists, struggling to achieve a finding of bad faith. So tortuous was the history that...more
South Carolina’s attorney-client privilege protects against the disclosure of communications pursuant to which legal advice of any kind is sought by a client from a professional legal adviser, acting in that capacity. At the...more
A complicated and interesting factual history, along with a number of actions, including an earlier one for declaratory judgment, resulted in a thoughtful and reasoned opinion of the United States District Court for South...more
In August 2011, Jeffrey Vanderhall was riding his bicycle when he was hit by a car and seriously injured. It is now six years, three courts and two bad faith attempts later...
To describe the procedural history of this...more
South Carolina has never recognized a bad faith cause of action based upon the failure of an underinsured (UIM) carrier to settle a UIM claim. Maintaining the established precedent, the United States District Court recently...more