Category Archives: Trial Errors

SC Risperdal Case Still Wins Award for Unpreserved Claims

In February, the South Carolina Supreme Court issued State v. Ortho-McNeil-Janssen Pharmaceuticals, pointed out nine unpreserved claims, and footnoted even more. I commented on the opinion, noting that it had the most unpreserved claims that I had ever seen in a single case. The Supreme Court issued a substituted opinion last week. It continues to be a lesson in error preservation. Continue reading

SC Risperdal Case is a Trove of Unperserved Appellate Issues

Parties in South Carolina often raise appellate issues that they failed to preserve in the trial court. Until last month, four error-preservation violations were the most I had seen discussed in a single case. Then came State v. Ortho-McNeil-Janssen Pharmaceuticals, Op. No. 27502 (S.C. Sup.Ct. filed February 25, 2015)(Shearouse  Ad.Sh. 8). In Janssen, the Supreme Court discussed nine error-preservation violations and footnoted even more. Continue reading

Preserving JNOV Motions for Appeal

The Supreme Court today issued an opinion on preserving appeals from the denial of a motion for a JNOV. RFT Management Co. v. Tinsley & Adams, L.L.P.399 S.C. 322, 732 S.E.2d 166 (2012). In this legal malpractice case, the Appellant challenged the denial of its motion for a JNOV on two grounds. The Supreme Court held that the party failed to preserved either ground for appeal. Continue reading

Preserving an Appeal to US Supreme Court

The United States Supreme Court recently denied certiorari in Roe v. Reeves, 392 S.C. 143, 708 S.E.2d 778 (2011) – a case that I won in the South Carolina Supreme Court. While there were many reasons to deny certiorari, Reeves’s failure to properly preserve the issues for appeal likely played a large role. Continue reading