SCLAWYERSWEEKLY.COM VOLUME 20 NUMBER 18 ■
Part of the
SEPTEMBER 12, 2022 ■ $8.50
network
MAXIMUM PROTECTION
Charleston attorney named to ABA committee ■ BY JASON THOMAS jthomas@scbiznews.com
Congress’ command to construe the ADA as broadly as the text permits,” Motz wrote. “We cannot add to the ADA’s list of exclusions when Congress has not chosen to do so itself.” U.S. Circuit Judge Pamela A. Harris joined Motz’s opinion, while U.S. Circuit Judge A. Marvin Quattlebaum Jr. penned a partial concurrence and dissent. The case returns to the Eastern District of Virginia. In a statement, the plaintiff’s attorney Joshua Erlich said, “we are excited to get back into court to vindicate Kesha’s rights.”
Attorney Stephanie M. Brinkley has been appointed chair of the American Bar Association’s Assisted Reproduction Technology (ART) Committee for the 2022-23 year. Brinkley founded her Charlestonbased practice, Brinkley Law Firm, in 2011, with the firm’s main areas of concentration including fertility law, family law, and the unique area of military family law, according to a news release. The ART Committee works collaboratively to provide Stephanie M. resources related to Brinkley the legal and ethical consequences of technology advances for assisted reproduction and genetic science, the release stated. Throughout her legal career, Brinkley has been involved in the complex area of assisted reproductive technology and related legal issues impacting future families. She represents clients seeking to build their families through surrogacy and/ or gamete donation as well as gestational carriers who have offered their services. In 2017, she coauthored “Developing a Successful Assisted Reproduction Technology Law Practice” with colleague Richard B. Vaughn, which is published by the American Bar Association. With greater frequency, Brinkley is consulted to advise families transitioning divorce after creating
See Protection Page 6 ►
S e e At t o r n e y P a g e 6 ►
The U.S. Court of Appeals has ruled that gender dysphoria is a covered ‘disability’ within the Americans with Disabilities Act, which the court recently decided in a case of first impression. DepositPhotos
Gender dysphoria covered by ADA
■ BY JASON BOLEMAN BTN Wire Services
Gender dysphoria is a covered “disability” within the Americans with Disabilities Act, or ADA, the 4th U.S. Circuit Court of Appeals has ruled in a case of first impression. The decision in Williams v. Kincaid (VLW 022-2-204) reverses the district court and allows a transgender woman’s lawsuit against the Fairfax County sheriff and two prison officials to proceed. The ruling makes the Fourth Circuit the first federal appellate court in the country to find that the ADA
covers gender dysphoria, defined in the court’s opinion as a “discomfort or distress that is caused by a discrepancy between a person’s gender identity and that person’s sex assigned at birth.” U.S. Circuit Judge Diana Gribbon Motz said the court “could not adopt an unnecessarily restrictive reading of the ADA,” given that Congress expressly instructed courts to construe the act in favor of maximum protection for those with disabilities. “To so hold would be for a court to take it upon itself to rewrite the statute in two impermissible ways: by penciling a new condition into the list of exclusions, and by erasing
Greenville attorney elected as ACEL fellow ■ BY JASON THOMAS jthomas@scbiznews.com Wyche attorney Rita Bolt Barker has been elected as a fellow of the American College of Environmental Lawyers. The American College of Environmental Lawyers elects fellows based on their recognition as the top environmental attorneys in the country, according to a news release from Wyche. Fellows are regarded as distinguished environmental lawyers dedicated to maintaining and improving the ethical practice of environmental law, the administration
of justice, and the development of environmental law through rigorous focus, outreach and education in all forums —federal, state, municipal, tribal and international. Membership is by invitation and members are recognized by their peers as preeminent in their field. Rita Bolt The ACOEL’s president, MiBarker chael D. Hockley of Spencer Fane LLP, announced the new members with the following statement: “Our new Fellows are
among the very best practitioners of environmental law in the country. Collectively, they represent a tremendous depth, breadth, and diversity of experience. We are pleased to welcome them to the College on the basis of their career achievements and thought leadership.” Barker has broad experience helping clients navigate the wide range of laws that protect our natural resources, the release stated. She delivers results for clients who need assistance in investigating and responding to permitting challenges, as well as in S e e G r e e nv i l l e P a g e 6 ►
INSIDE REAL ESTATE
VERDICTS & SETTLEMENTS
VERDICTS & SETTLEMENTS
Columbia-based firm renews commitment to downtown
Mother, daughter exposed to mold settle for $1M
Couple awarded $5M in vehicle crash settlement
Page 2
Page 3
Page 3