Category Archives: Noteworthy Cases

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