Russell Burke: Lawyer with Nexsen Pruet, LLC

Russell Burke

Member
Columbia,  SC  U.S.A.
Phone803.771.8900

Peer Rating
 5.0/5.0
AV® Preeminent

Client Rating

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Experience & Credentials Ratings & Reviews
 

Practice Areas

  • Antitrust and Unfair Competition
  • Assisted Living, Nursing Home and Rehabilitation Facility Litigation
  • Computer, Internet and Technology
  • Litigation
  • Products Liability
  • Health Care
 
University University of Virginia, B.A., 1981
 
Law SchoolUniversity of Virginia, J.D., 1985
 
Admitted1985, South Carolina; U.S. District Court, District of South Carolina; U.S. Court of Appeals, Fourth Circuit; U.S. Court of Appeals, Ninth Circuit
 
Biography

Russell Burke has a wide variety of commercial and tort litigation experience in antitrust, health care, and products liability. He has represented hospitals and nursing homes in several different areas, including antitrust claims, Medicare reimbursement issues, credentialing matters, and medical malpractice claims. He also has significant experience in class actions in the timber and health care industries. He practices in both state and federal courts throughout the United States.

Russell has tried over twenty-five cases in state and federal court, and has handled numerous appeals to the South Carolina Supreme Court and Court of Appeals, and to the Fourth and Ninth Circuit Courts of Appeal. He also has extensive experience in managing electronic discovery, and helps manage Nexsen Pruet's document review facility.

Mr. Burke is from Arlington, Virginia. He is a Phi Beta Kappa graduate of the University of Virginia (with high distinction), as well as the University of Virginia School of Law. He has been with Nexsen Pruet his entire career, working closely with Harold Jacobs for more than fifteen years.

Outside the office he serves on the Vestry for Church of the Apostles (Anglican Mission in America), enjoys summer vacations in Maine with his wife and their seven children, and tries his hand at coaching and playing basketball.

Career Highlights

· Best Lawyers in America, Bet-the-Company Litigation; Commercial Litigation since 2003

· Tried and argued leading case in Fourth Circuit on admissibility of treating physicians testimony on causation in toxic tort case

· American Health Lawyers Association

· Defense Research Institute, Product Liability Subcommittee

Representative Matters

In re International Textile Group Merger Litigation. Co-lead counsel for the plaintiffs in a class action and derivative case challenging the fairness of a multi-million dollar merger between Safety Components, Inc. and International Textile Group, Inc. The primary defendants are the Wall Street private equity firm, W.L. Ross & Co., and its principal, financier Wilbur Ross (read the amended complaint). The Court granted plaintiffs' motion for class certification, and denied defendants' motion to disqualify the plaintiffs as derivative representatives on January 10, 2013 (read the court's Order). The case will now be scheduled for trial in Spring 2013.

Brown v. Laurens County Health Care System, et al: Defending Laurens Hospital in a suit alleging conspiracy, tortious interference with prospective contractual relations, and unfair trade practices related to physician credentialing. Discovery is ongoing and trial is expected in the spring of 2012.

In re Blood Reagents Antitrust Litigation, representing plaintiffs in class action suit alleging price fixing in blood reagents market. The District Court recently denied defendants' motion to dismiss on Twombly grounds.

AnMed et al. v. Leavitt: Represented 32 South Carolina hospitals in claim against Center for Medicare and Medicaid Services for improper recoupment of Medicare payments under the Recovery Audit Contractor ("RAC") program.

Crane et al. v. International Paper Company, et al.: Successfully obtained class certification in four-state price fixing case against International Paper and Canal Wood, LLC. Case eventually settled for $12. 4 million. Led the litigation team in organizing and evaluating nearly five million pages of electronic documents.

Represented South Carolina hospitals in medical staff disciplinary cases, including jury trials alleging defamation and whistleblower claims against the hospital.

Represents national dialysis provider in medical malpractice claims.

Ridgeview Manor v. Leavitt; Cooke Associates v. Leavitt: Prevented the Centers for Medicare and Medicaid Services from terminating Medicare provider agreements of two separate nursing home facilities in South Carolina.

Hamilton v. OPW et al.: Multimillion dollar settlement for widow against gasoline nozzle manufacturer and retailers

Helped defend major herbicide manufacturer in case involving monopolization and Lanham Act claims.

Handled numerous products liability actions involving airplanes, automobiles, motorcycles, heavy equipment, industrial electrical equipment, medical products, and consumer products.

Reported Decisions

Horne v. Novartis Pharmaceuticals Corp., 541 F.Supp.2d 768 (W.D.N.C. 2008) (dismissal of several wrongful death claims based on preemption doctrine)

Delaware Valley Surgical Supply Inc. v. Johnson & Johnson, 523 F.3d 1116 (9th Cir. 2008) (affirming district court decision that hospital was indirect purchaser in monopolization claim)

Ridgeview Manor of Midlands, L.P. v. Leavitt, 2007 WL 1110915 (D.S.C., April 09, 2007) (granting preliminary injunction against CMS)

Ridgeview Manor of Midlands, L.P. v. Leavitt, 2007 WL 1068224, Med & Med GD (CCH) P 302,062 (D.S.C., March 30, 2007) (granting TRO against CMS)

Cooke Associates of Fork, Inc. v. Leavitt, Slip Copy, 2006 WL 4050701, Med & Med GD (CCH) P 301,971 (D.S.C., December 28, 2006) (granting TRO against CMS)

Crane v. International Paper Co., 2005 WL 3627139, 2005-1 Trade Cases P 74,789, (D.S.C., April 19, 2005) (upholding class certification in price fixing case)

Westberry v. Gislaved Gummi, AB, 178 F.3d 257, 51 Fed. R. Evid. Serv. 682, Prod.Liab.Rep. (CCH) P 15,528, (4th Cir. 1999) (admissibility of treating physician causation opinion under Daubert)

Soil Remediation Co. v. Nu-Way Environmental, Inc., 323 S.C. 454, 476 S.E.2d 149, (1996) (interpretation of South Carolina Arbitration Act)

GSM Dealer Services, Inc. v. Chrysler Corp., 32 F.3d 139 (4th Cir. 1994) (reversing automobile dealer contract claim)

Strange v. South Carolina Dept. of Highways and Public Transp., 314 S.C. 427, 445 S.E.2d 439 (1994) (South Carolina tort claims act case)

Hunt v. Happy Valley Ltd. Partnership, 315 S.C. 428, 434 S.E.2d 285 (App.1993) (partnership dispute)

Strange v. South Carolina Dept. of Highways and Public Transp., 307 S.C. 161, 414 S.E.2d 138 (1992) (reversal of jury verdict based on evidentiary issues)

Sunvillas Homeowners Ass'n, Inc. v. Square D Co., 301 S.C. 330, 391 S.E.2d 868, 1990 Prod.Liab.Rep. (CCH) P 12,461 (App. 1990) (affirming directed verdict in products liability case)

Wiggins v. Todd, 296 S.C. 432, 373 S.E.2d 704 (App.1988) (service of process issue)

Pearlstine Distributors, Inc. v. Freixenet USA, Inc., 678 F.Supp. 133 (D.S.C. 1988), RICO Bus.Disp.Guide 6973 (summary judgment on RICO and antitrust counterclaims)

Richland Wholesale Liquors v. Glenmore Distilleries Co., 818 F.2d 312 (4th Cir. 1987) (reversal of unfair trade practices claim and wrongful termination claim)

News

LEGAL NOTICES
If you owned stock in Safety Components International, Incorporated (listed as "SAFY") on October 20, 2006, you could be entitled to compensation. --- If you own or owned a home or other building on which LP or ABTco TrimBoard, ProTrim or ChoiceTrim is or was installed, please read the following legal notices carefully. Your legal rights may be affected.

77 Nexsen Pruet Attorneys Named to the 2014 Edition of Best Lawyers in America®
Nexsen Pruet is pleased to announce that 77 attorneys have been named to Best Lawyers in America for 2014.

Nexsen Pruet Attorneys Named to the 2013 Edition of Best Lawyers in America®
Nexsen Pruet attorneys have been named to the Best Lawyers in America® list for 2013.

"RAC to the Future: What can Medicare Providers and Suppliers Expect from Recovery Audit Contractors?"

"Novartis Escapes Some Lotensin Claims"

"Tormented by the RAC: Hospitals, lawmakers challenge audit program"

"Landowner Suit Receives Class-Action Status"

"Lower Prices Sometimes Lead to Antitrust Lawsuits"

"Bully Buyers: How Driving Prices Lower Can Violate Antitrust Statutes: 'Monopsony' Suits Mount As Companies Are Accused of Squeezing Suppliers; Famers vs Cigarette Makers"

Presentations

· Medication Malpractice: Identifying High Risk Issues /Trends and How to Reduce Your Risks (NHC Healthcare, 1/23/11)

· "Social Networking Discovery: Get Used To It" - Strictly Speaking (DRI, 9/13/2010)

· Managing the Beast: Document Retention in an E-Discovery World(CLE presentation, 10/24/2008)

· South Carolina Hospital Concerns Associated with the Recovery Audit Contractor Demonstration Project (South Carolina Hospital Association, 4/23/2008)

· Discovery of Electronically Stored Information (presentation 7/11/2008)

· Antitrust Compliance for Trade Associations (12/2006)

· How Reasonable is a "Reasonable Degree of Medical Certainty"? The Use of Treating Physicians as Causation Experts in Products Liability Cases (FDCC CLE presentation, 3/1/2005)

· Apportionment of Liability (SC Bar CLE presentation, 5/3/2004)

· Legal and Practical Issues of Electronic Information Disclosure

Civic & Professional Memberships

· Richland County Bar Association

· South Carolina Bar

· South Carolina Defense Trial Attorneys Association

· Defense Research Institute

· American Health Lawyers

 
ISLN908665769
 


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Office Information

Russell Burke

1230 Main Street, Suite 700
ColumbiaSC 29201




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