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Jack Daniel and Clinton Magill Defeat Plaintiff’s Attempts to Reopen Case Against Attorney and its Firm

May 5, 2017

Jack Daniel and Clinton Magill successfully opposed a plaintiff’s recent attempts to reopen a case against their legal clients in Beaufort County, South Carolina.  The plaintiff originally brought an action in 2011 against a non-profit legal firm, its attorney, and a paralegal.  The Plaintiff attempted to assert actions for fraud, civil conspiracy, malicious prosecution, defamation, conversion, and trespass against the legal team.  In 2013, Sarah Wetmore and Jack Daniel successfully pursued a motion to dismiss as to the firm and its paralegal and a motion for summary judgment as to the attorney.  After the trial court granted both motions in two separate orders, these orders were consolidated and affirmed on appeal.  Recently, however, the plaintiff filed a motion to reopen its case and attempted to file motions for relief from the judgments based on allegations of fraud and newly discovered evidence.  Jack and Clinton filed an opposition to the plaintiff’s motion and Clinton proceeded to argue their opposition in the Beaufort County Circuit Court.  At the hearing, Clinton argued that the fully and finally adjudicated orders of the Court were the law of the case, that the plaintiff had not timely filed its motions for relief, and that all of the plaintiff’s motions otherwise lacked any merit.  The Circuit Court agreed on all grounds and ultimately dismissed the plaintiff’s attempts to reopen its case against the legal team.

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For informational purposes only. Past success does not indicate the likelihood of success in future cases.