Representative Litigation
Back ] Home ] Next ]

Our firm has successfully litigated school and employment law cases in South Carolina Circuit Courts, the South Carolina Court of Appeals, the South Carolina Supreme Court, South Carolina Federal District Courts, the Court of Appeals for the Fourth Circuit, and the United States Supreme Court.  Among the significant appellate court decisions in the school law area in which this firm has served as counsel are Snipes v. McAndrew, 280 S.C. 320, 313 S.E.2d 294 (1984); Stevenson v. Lower Marion County School District Three, 285 S.C. 621, 327 S.E.2d 656 (1985); Hamilton v. Board of Trustees of Oconee County School District, 282 S.C. 519, 319 S.E.2d 717 (Ct. App. 1984); Royster v. Anderson County School District Five, No. 83-1544-14 (D.S.C. 1984), rev'd 774 F.2d 618 (4th Cir. 1985); Moore v. Bonner, 526 F. Supp. 1094 (D.S.C. 1981), rev'd 695 F.2d 799 (4th Cir. 1982), on remand, No. 80-1540-1 (D.S.C. March 1, 1984), aff'd, No. 84-1595 (4th Cir. March 25, 1985), cert. denied, 54 U.S.L.W. 3224 (U.S. Oct. 7, 1985); Richardson By McDaniel v. Hambright, et al., 296 S.C. 504, 374 S.E.2d 296 (1988); Anderson County School District One v. Anderson County Board of Education, 296 S.C. 260, 371 S.E.2d 807 (Ct. App. 1988); Laurens County School Districts 55 and 56 v. Cox, 308 S.C. 171, 417 S.E.2d 560 (1992); Richland County School District One v. Richland County Council, 306 S.C. 106, 425 S.E.2d 747 (1992); Briggs v. Newberry County School District, C.A. No. 8-92-0179-3 (D.S.C. 1993), aff'd, No. 92-1258 (4th Cir. 1993); Hubbard v. Orangeburg County School District No. 5, C.A. No. 5:92-2740-6BB (D.S.C. 1994); Tisdale v. Richland County School District One, C.A. No. 3:93-0439-17BD (D.S.C. 1994); Crook v. Williamsburg County School District, C.A. No. 4:92-3606-21JI (D.S.C. 1994); Hipp v. Richland County School District One, C.A. No. 3:92-2474-19BC (D.S.C. 1993), aff'd, No. 93-2510, 1995 WL 56863 (4th Cir. 1995); Barr v. Board of Trustees of Clarendon County School District Two, 319 S.C. 522, 462 S.E.2d 316 (Ct. App. 1995); Wright v. Richland County School District Two, 326 S.C. 271, 486 S.E.2d 740 (1997); Adamson v. Richland County School District One, No. 2798, 1998 S.C. App. LEXIS 24 (S.C. App. February 23, 1998); Beaufort County Bd. of Educ. v. Lighthouse Charter School Committee, 335 S.C. 230, 516 S.E.2d (1999) and 353 S.C. 24, 576 S.E.2d 180 (2003); Brown v. Greenwood School Dist. 50 Bd. of Trustees, 344 S.C. 522, 544 S.E.2d 642 (S.C. App. 2001); Horry County School Dist. v. Horry County, 346 S.C. 621, 552 S.E.2d 737 (2001); ; Smith v. School District of Greenville County, 324 F.Supp.2d 786 (D.S.C. 2004); Davis v. Greenwood School Dist. 50, 365 S.C. 629, 620 S.E.2d 65 (2005); Calef v. Richland School District Two, 361 F. Supp.2d 493 197 Ed. Law Rep. 93 (D.S.C. 2005); Nathan v. Richland County School District Two, 180 Fed.Appx. 462, 2006 WL 1373231 (C.A.4 (S.C.)); Brown v. Berkeley County School District, 339 F. Supp.2d 715, 192 Ed. Law Rep. 838; Talamantes v. Berkeley County School District, 340 F. Supp.2d 684 (D.S.C. 2004).

In past years we have defended several school districts facing challenges to student expulsion and discipline decisions.  In these cases, the decisions of the Board were upheld.  See Brock, et al. v. Chesterfield County School District Board of Education, C.A. No. 91-CP-13-301; Rumsey v. Anderson County School District Five, C.A. No. 92-CP-04-481; Byrd v. Irmo High School, et al., 321 S.C. 426, 468 S.E.2d 861 (1996); Woodford v. Berkeley County School District, C.A. No. 99-CP-08-462; Floyd v. Horry County School District, 351 S.C. 233, 569 S.E.2d 343 (2002). 

We have also successfully represented school boards in significant teacher termination cases where the Board’s decision to terminate the teacher’s employment was upheld by the State circuit and appellate courts.  See Tina Durham v. Aiken County Board of Education, C.A. No. 97-CP-02-759; Ernest Hood v. Berkeley County School District, C.A. No. 97-CP-08-2056; James A. Porter v. Buddy G. Herring, Trustees of the School District of Oconee County and the School District of Oconee County, C.A. No. 98-CP-37-541; Mable Canty v. Richland County School District Two, C.A. No. 01-CP-40-3106; Dondi Brown v. McCormick County School District, C.A. No. 04-CP-35-07; Nathan v. Richland County School Dist. Two, 2006 WL 1373231 (4th Cir. 2006).

We have also successfully represented school boards in significant litigation involving student rights.  See NAACP et al v. George C. McCrackin et al, C.A. No. 2:94-833-2 (2004); Maurice R. Harris, et al., v. George C. McCrackin, et al., and Carl Alexander et al., v. Goose Creek Police Department et al., and Dorene Bynoe et al., v. George C. McCrackin et al., C.A. No. 2:03-3845-23, C.A. No. 2:03-3943-23, and C.A. No. 2:04-2314-23 (2003).

We have assisted school districts in achieving unitary status in the following cases:    See United States of America v. Saluda County School District One of Saluda County, South Carolina, and Dr. Nelson N. Perry, Superintendent of Schools of Saluda County School District One, South Carolina, C.A. No. 8:69-460-20 (2002); United States of America v. Berkeley County School District, et al., C.A. No. 2:00-MC-138-18 (2004); United States of America v. Hampton County School District No. 1, et al., C.A. No. 69-45 (2004).

 We have successfully represented school districts in special education litigation in federal court.  See J.B. and M.B., as parents and next friends of A.B. v. Board of Education for Horry County, C.A. No. 4:99-3151-12 (2001); Patricia Ferguson, as guardian ad litem v. Horry County School District; John Doe and/or Mary Doe, Jointly and/or Severally, C.A. No. 97-CP-280-20 (2003). 

            We have successfully represented school districts in personal injury litigation regarding  mold in school district buildings.  See Johnson v. School District of Oconee County, C.A. No. 04-CP-37-922, 2007; Lowrey v. School District of Oconee County, C.A. No. 05-CP-37-06, 2007.


 


Home
About Our Firm
Practice Areas
Meet Our Attorneys
Our Clients
Publications
Representative Litigation
Helpful Information
Links
Contact Us

The information you obtain at this site is not, nor is it intended to be, legal advice.  Use of this website does not create an attorney/client relationship.  You should consult an attorney for individual advice regarding your own situation.

Copyright © 2007 by Childs & Halligan, P.A.  All rights reserved.  You may reproduce materials available at this site for your own personal use and for non-commercial distribution.  All copies must include this copyright statement.