Federal Court cases in SC

McGowan, Hood & Felder LLC has handled numerous actions in the federal courts, both here in the District of South Carolina and outside the state. The cases have ranged from catastrophic injury (trucking accidents, products liability, etc.) to complex anti-trust class actions.

Federal court in South Carolina has several advantages: a single judge who will get to know your case, rapid resolution of motions and other issues, and more certainty in trial scheduling. On the other hand, there are a number of pitfalls that can trip up even experienced trial attorneys.

Some of these pitfalls include:
Judges’ Individual Preferences and Orders: Each judge in the United States District Court for the State of South Carolina has their own judicial preferences for motions and trial matters. For instance, a motion to compel filed in a case before a certain judge without first contacting their chambers by phone will be summarily denied. A particular judge does not allow the use of “/s” to sign pleadings, rather, the signature of the attorney must be electronically scanned and pasted onto the document. These judicial requirements are on the South Carolina Federal Court Website and each judge has their own preferences.

Extensions of Time: Local Rule 6.01 to the Federal Rules of Civil Procedure has intricate requirements for motions and consent orders extending time. These include: an explanation of the reasons why the extension is needed, a proposed amended scheduling order attached to the motion, and a statement as to whether the requested extension will affect other deadlines.

Missing or Incomplete Discovery Responses: If opposing counsel fails to respond to discovery, or fails to respond fully and appropriately, you have only 20 days to file a motion to compel. If a motion is not filed within 20 days, the right to do so is waived and you are stuck with the improper responses.

Deadlines for Responses: The computer-generated ECF deadline for a response or other action controls, even over the federal rules, unless a judge has ordered a different date.

Unable to Serve within 120 Days: If the plaintiff cannot serve a defendant within 120 days of filing, the plaintiff must notify the court and other parties in writing and explain why no service has been made.

Court Interrogatories on First Appearance: The first time a party appears in an action, that party must answer court-ordered interrogatories set forth in Local Rule 26.01.

Expert Witnesses: Expert witnesses must be identified in discovery AND a party must produce an affidavit of the expert’s opinions, trial and deposition testimony for the last four years, rate of compensation and other information in regard to the expert. This requirement is a quagmire and can entrap the most experienced of litigators.

There are multiple differences between filing a matter in state court versus federal court. There are times you can file in federal court and a case is swept up as a “tag-along” case to a matter involving multi district litigation. This “MDL scenario has many different permutations too numerous to discuss in this limited forum.

Our attorneys are experienced in federal court, multi district litigation (MDL) and class action matters. Some of the attorneys at McGowan, Hood & Felder are former federal law clerks. We can assist in cases where your case may have been unexpectedly removed to federal court and also discuss the pros and cons of proceeding in federal court in an action you are contemplating filing.

William A. (“Bill”) McKinnon of McGowan, Hood and Felder is a former law clerk to Judge Joseph Anderson, Jr. on the District of South Carolina and Judge Andrew Kleinfeld on the Ninth Circuit Court of Appeals. He is available for consultation by email at bmckinnon@mcgowanhood.com or telephone (Toll free 1-877-327-3800).

Very truly yours,

McGowan, Hood & Felder, LLC

William A. McKinnon, 1539 Healthcare Drive, Rock Hill, SC 29732