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John S. Wilkerson
Telephone Number
843-576-2801
Fax Number
843-577-1649
Email
jwilkerson@turnerpadget.com
VCard
Areas of Practice
Professional Liability
Commercial
Litigation
Class Actions
Securities
Litigation
Insurance Bad
Faith Litigation Products Liability
Employment
Litigation
Directors and
Officers Liability Mediation |
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General Biography
John concentrates his practice in complex litigation. He has extensive experience as a trial lawyer in a wide variety of substantive areas including: professional malpractice, commercial litigation, products liability, insurance "bad faith" litigation and complex insurance coverage disputes. He is also a certified civil mediator in state and federal courts.
An active member of the Defense Research Institute, John serves as State Representative from South Carolina. He is past president of the South Carolina Defense Trial Attorneys Association and a past president of the Florence County Bar Association where he practiced from 1984-1999. He is also a member of the Federation of Defense and Corporate Counsel, the South Carolina Law Institute, and the South Carolina Bar. He served on the South Carolina Supreme Court Joint Commission on Alternative Dispute Resolution from 1996-1997.
John authored, along with David S. Cobb, the chapter on Motion Practice in the Civil Trial Manual, published by the South Carolina Bar in 1997. A frequent seminar speaker, John has participated in Continuing Legal Education programs for local, state and national organizations on numerous topics including civil litigation, insurance law, legal ethics and professionalism.
Bar Admissions
South Carolina Supreme Court
United States District Court for the District of South Carolina
Fourth United States Circuit Court of Appeals
United States Tax Court
Education
Furman University, B.A. cum laude, political science, 1976
University of South Carolina School of Law, Juris Doctor, 1979
South Carolina Law Review
Order of Wig and Robe
Instructor of Legal Research and Writing (1978-1979)
Professional/Civic Affiliations
Professional: American Bar Association, Litigation Section, Standing Committee on Lawyers’ Professional Liability; Defense Research Institute, State Representative (2004-present), Insurance Law Committee, ADR Committee, Commercial Litigation Committee, Professional Liability Committee (Membership Chair 2002-2005); Federation of Defense and Corporate Counsel, Insurance Coverage Committee, Extra Contractual Committee, Commercial Litigation Committee, Admissions Committee (2004-present); Professional Liability Underwriting Society; South Carolina Law Institute; South Carolina Bar, Joint Commission on Alternative Dispute Resolution (1998-1999), ADR Pilot Project Committee co-chair (1996-1997); South Carolina Defense Trial Attorneys Association, president (1998-1999); Florence County Bar Association, president (1997); Charleston County Bar Association
Civic: American Heart Association, Board of Directors, Florence Division (1993-1996), president (1995), Volunteer Recognition Award, South Carolina Affiliate (1995); Florence Family YMCA, Board of Directors (1994-1997); St. John’s Episcopal Church, Florence, South Carolina, Vestry member (1995-1997), Stewardship Campaign Co-Chair (1996); Trinity Collegiate School, Florence, South Carolina, Capital Campaign Steering Committee (1997-1999), Board of Trustees (1998-1999)
Selected Speeches/Presentations
Winning at Mediation, Chubb Group of Insurance Companies, Specialty Claims Office, Simsbury, Connecticut, August 19, 2005.
Who's on First? Uninsured-Underinsured Bad Faith Claims, Annual Meeting, Federation of Defense and Corporate Counsel, Carlsbad, California, July 21, 2005.
A Trifecta of Trouble – What’s a Defense Lawyer to Do? Annual Meeting, South Carolina Defense Trial Attorneys Association, Chateau Élan, Braselton, Georgia, November 13, 2004.
The Insurance Claim file - - Sword or Shield, Joint Meeting, South Carolina Defense Trial Attorneys Association and South Carolina Claims Management Association, Grove Park Inn, Asheville, North Carolina, July 23, 2004.
Update on Conflicts of Interest, Charleston County Bar Association, Charleston, South Carolina, December 13, 2003.
Electronic Records Management with a Twist: The Impact of The Sarbanes-Oxley Act of 2002 on Electronic Discovery (Panelist), American Bar Association, Section of Litigation, Corporate Counsel Committee, Coral Gables, Florida, February 14, 2003.
Current Issues in Directors and Officers Liability, Chubb Group of Insurance Companies, Specialty Claims Office, Dallas, Texas, September 17, 2002.
Faculty Member (Closing Arguments and Post Trial Motions), South Carolina Defense Trial Attorneys Association, Trial Academy, 2001-2005.
Professionalism and Ethics, South Carolina Defense Trial Attorneys Association, Trial Academy, Columbia, South Carolina, July 6, 2000.
Insurance Coverage for Business Torts, American Bar Association, Section of Litigation, Business Torts Committee, Grove Park Inn, Asheville, North Carolina, October 1997.
Seminar Coordinator and Moderator, Legal Ethics and Real Life, South Carolina Bar and South Carolina Defense Trial Attorneys Association, Columbia, South Carolina, November 2, 1992.
Selected Recent/Current Professional Liability Cases
Currently defending a law firm against allegations of providing negligent legal advice regarding bank regulatory filings.
Currently defending a law firm against allegations of negligent handling of anti-trust litigation and abandonment. (This case is on appeal from favorable preliminary rulings).
Currently defending a lawyer against a claim that a will he prepared and witnessed execution contained a forged signature of the testator.
Recently obtained summary judgment based on statue of limitations defense in a case against a lawyer alleging improper distribution of settlement proceeds. (This case is on appeal).
Recently obtained favorable settlement (during first day of trial) of claim against law firm involving allegations of negligent preparation of a will.
Recently obtained directed verdict in favor of real estate agent in lawsuit alleging negligent misrepresentation, breach of contract and fraud. (This case is on appeal).
Recently obtained summary judgment based upon lack of personal jurisdiction on behalf of an out of state law firm accused of conspiring with client to hide assets from claims of creditors.
Selected Recent/Current General/Commercial Litigation
Currently defending national manufacturer in South Carolina class action alleging race discrimination (pending in federal court).
Recently obtained summary judgment in favor of members of board of directors of large homeowners association against allegations of breach of fiduciary duty. (This ruling has been affirmed on appeal by the South Carolina Court of Appeals and a petition for certiorari is currently pending before the South Carolina Supreme Court).
Recently resolved litigation on behalf of minority owner of closely held corporation in multiple-issue dispute with majority owner involving operational control of company and exercise of various call options.
Part of litigation team that recently obtained dismissal of purported class action on behalf of international manufacturer for alleged price fixing on grounds of lack of standing, lack of personal jurisdiction, etc.
Recently obtained favorable settlement for client sued in a purported class action for violation of Telephone Communication Privacy Act (unwanted fax advertisements).
Recently obtained favorable settlement of securities fraud, negligent misrepresentation case on behalf of former CFO of publicly traded company brought by major investor. (SEC enforcement action still pending). |