Governmental & Constitutional Law

Our attorneys represent local governmental entities as well as citizens to ensure compliance with all constitutional, statutory and regulatory requirements facing government.  We analyze Freedom of Information Act requests for compliance, assist in analysis of potential ordinances and legislation for legality and constitutionality, and we advise governmental entities in preparation of agreements necessary for performance and operation of duties.

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Representative Matters

We obtained dismissal of a claim against a local airport authority for allegations of negligence in the operation of an airport.  Our arguments, under the S.C. Tort Claims Act and South Carolina’s home rule statutes obtained a dismissal of the case from federal court for subject-matter jurisdiction, as well as a dismissal from state court for failure to comply with the S.C. Tort Claims Act.  The ruling was affirmed by the South Carolina Court of Appeals.

On of our attorneys serves as Town Attorney for a local municipality, advising the Administrator, Council, and various boards and employees for compliance with applicable state laws, regulations and constitutional requirements.  Our work ranges from advising local utilities to advising regarding proposed state legislation.

We represented the estate of deceased inmate in a local county jail in wrongful death claims related to a suicide in custody.  Our claims included claims for negligence, as well as claims 42 U.S.C. § 1983, for violations of civil rights.  We obtained a settlement of the claim in excess of limits provided under the S.C. Tort Claims Act.

Our attorneys have advised and professionals in administrative actions pending before various boards within the S.C. Department of Labor, Licensing and Regulation.

We have represented an aviation company for claims which involved assertions of rights under the U.S. Contract Disputes Act, analyzing complex issues related to subject-matter jurisdiction outside of the Court of Federal Claims.

We have represented a Property Owners Association for claims under 42 U.S.C. § 1983, as well as claims for governmental takings, in a dispute with a local utility, as well as various contractors, in response to noise, vibration, and pollution caused by a utility construction project.

We represented a political subdivision of the State of South Carolina in a coverage dispute related to potential insurance coverage for claims asserted for an alleged wrongful death, under 42 U.S.C. § 1983.

We have advised teachers and school districts on issues related to compliance with the S.C. Employment and Dismissal Act, S.C. Code Ann. § 59-25-410.

Our attorneys have advised teachers, administrators, and other special education professionals regarding issues related to compliance with the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq.

We have advised design professionals, companies, and governmental entities regarding compliance with the Americans with Disabilities Act and the Air Carrier Access Act.

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