South Carolina Adopts Tort Reform
April, 2005
On March 21, 2005, Governor Mark Sanford of South Carolina signed H. 3008, some parts of which went into effect immediately. Most, however, became effective July 1, 2005. Provisions of the Act include:
• Joint and Several Liability: Provides that joint and several liability applies to defendants 50 percent or more responsible. A defendant less than 50 percent at fault only pays his percentage of liability;
• Venue: Specifies that claims can only be brought where the most substantial part of the action arose or in the defendant's principal place of business, unless it is a foreign corporation with no ties to South Carolina or a non-resident defendant;
• Statute of Repose: Reduces the statute of repose from 13 years to 8 years;
• Post Judgment Interest Rate: Reduces post judgment interest from 12 percent to the prime rate plus 4 percent;
• Frivolous Lawsuits Sanctions: Provides for sanctions against lawyers and parties who bring frivolous claims, including reporting lawyers to the Commission on Lawyers Conduct, and requires the Supreme Court to keep a public record of frivolous sanctions;
• Advertising Restrictions: Makes using a nickname in attorney advertising a violation of the Unfair Trade Practices Act.
If you would like more information or a copy of the legislation, please contact Melinda at mkollross@clausen.com.•
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