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 Still Wins Award for Unpreserved Claims”

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 “SC Risperdal Case is a Trove of Unperserved Appellate Issues”

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 JNOV Motions for Appeal”