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South Carolina Cap on Punitive Damages: Statutory Right or Affirmative Defense?

On January 15, 2020, the South Carolina Court of Appeals issued its opinion in Garrison v. Target Corporation, and sent civil defense attorneys into a frenzy.  The landmark decision rocked the civil litigation world, as the three-judge panel held that the cap on punitive damages found in S.C. Code Ann. § 15-32-530 was an affirmative Read More

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Offers of Judgment: A Tool for Early Resolution

18 September 2019 Lee M. Thomas Claim professionals and defense attorneys often review cases in which liability of the insured/client is beyond dispute.  What is less clear, however, is the methodology (or lack thereof) utilized by plaintiff attorneys in calculating wildly exorbitant pre-suit or post-litigation demands.  Plaintiff attorneys may argue the case is a “limits Read More

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