SCLAWYERSWEEKLY.COM VOLUME 20 NUMBER 17 ■
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AUGUST 29, 2022 ■ $8.50
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‘Single nugget of misconduct’
Anderson attorney to lead state group ■ BY HAVILAND STEWART hstewart@nclawyersweekly.com
Terri Cowgill worked as a call center representative from 2004 until September 2015 for First Data Technologies, Inc., a credit and debit card processing company. Cowgill handled calls about disputed transactions and was expect-
The South Carolina Association for Justice has elected Anderson, S.C,-based attorney Jennifer Spragins Burnett as its new president. SCAJ is the State’s largest lawyers association with over 1,200 members who work to “advocate for fairness under the law,” according to an SCAJ news release. Burnett received a doctorate degree from the University of South Carolina School of Law in 2001, and quickly became well-known in the legal community, according to the release. She began her private practice handling the defense of a variety of nursing home abuse claims in both federal and state court. In 2007, she transitioned to representing the victims of nursing home abuse and medical malpracticeBurnett is currently a partner at Harbin & Burnett LLP in Anderson, S.C. whose practice is concentrated in professional negligence, nursing home abuse and medical malpractice. According to SCAJ’s mission statement, it is dedicated to strengthening the integrity of the state’s judicial system through education and action. “Special interest groups are constantly working to limit liberties and judicial access at the Capitol,” Burnett said in the release. “The Association relentlessly fights those attacks while promoting smart public policy to make sure
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Evidence of pretextual firing saves ADA claim ■ BY NICK HURSTON BTM Wire Services An employee who routinely received above-average performance reviews and received the highest rating possible in her last two reviews before her termination will have her discrimination case heard by a jury. The 4th U.S. Circuit Court of Appeals vacated the dismissal of the employee’s discrimination claim after finding enough evidence to send the claim of discrimination under the Americans with Disabilities Act, or ADA, to a jury. The employer put forth several arguments, including that the plaintiff wasn’t meeting its legitimate busi-
ness expectations, a discrimination inference was unwarranted and its reason for terminating her wasn’t pretextual. Judge Roger L. Gregory disagreed. “There is a sufficient basis for a reasonable factfinder to conclude that [the employee] — despite being similarly-situated to the comparators — was treated differently,” he wrote. The judge added that a “reasonable factfinder could conclude that [the employer] searched for and found the single nugget of misconduct that allowed it to place [the employee] on an IAP and set the course for her termination.” Gregory was joined by Judge Stephanie D. Thacker. Judge A.
Marvin Quattlebaum Jr., concurred in part and dissented in part, saying the evidence didn’t support a finding that the employee met legitimate expectations. The July 22 opinion is Cowgill v. First Data Technologies Inc. (VLW 022-2-179).
FMLA leave
Attorneys join to create new IP law firm ■ BY JASON THOMAS jthomas@scbiznews.com Registered patent attorneys Doug Kim and Seann Lahey of the Greenville area have joined together with Charleston patent attorneys B.C. Killough and Ernest B. Lipscomb III to form the statewide intellectual property law firm Kim Lahey & Killough, according to a Kim Lahey & Killough news release. Registered patent attorneys Kim, Lahey, Killough and Lipscomb collectively have more than 140 years of experience and have the capabilities in providing legal services throughout the Caroli-
nas to companies ranging from start-ups and early ventures to established international markets, the release stated. Key practice areas include intellectual property, business and commercial litigation, mediation, employment, corporate and business matters, mergers and acquisitions, contracts, and cybersecurity in a number of industries to include manufacturing, software, energy, finance, hospitality, tourism, technology and more.
Charleston
the areas of patents, trademarks, copyrights, commercial transactions, litigation and mediation to his clients for over 30 years, the release stated. He has obtained more than 300 U.S. patents for clients, participated in prosecuting more than 100 foreign patent applications and filed more than 1,200 trademark applications with the U.S. Patent and Trademark Office on behalf of his clients. In addition, he has obtained numerous foreign trademark registrations for clients and his foreign patent work in-
B. C. Killough has provided legal services in
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INSIDE VERDICTS & SETTLEMENTS
VERDICTS & SETTLEMENTS
VERDICTS & SETTLEMENTS
Families of workers killed in accident get $10M
Breach of contract leads to $12.7 million award
Car accident results in $5.13 million settlement
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