Jackson H. Daniel, III
Partner / Charleston
Jack is a litigator with a wide-ranging general liability practice. He also handles product liability claims, and construction litigation. He has successfully represented clients as lead counsel in jury trials, bench trials, and appeals.
After law school, Jack served for several years as a state court prosecutor in Charleston and Berkeley Counties. He has a significant amount of experience trying cases and has handled legal matters in venues throughout the state over the last twenty years.
Jack has an AV Preeminent Rating with Martindale Hubbell and has been named a South Carolina Rising Star® by Super Lawyers® from 2012-2016, which is a distinction given to less than three percent of South Carolina attorneys under the age of 40.
Results
Jack Daniel and Ryan Conner Obtain Dismissal for Condominium Association Client
June 16, 2021
Jack Daniel and Ryan Conner obtained a dismissal for a Condominium Association involving a premises liability case that allegedly occurred in a condominium unit located on the Association’s property. The dismissal motion involved questions about the Association’s control over individually owned condominium units in the building as well as the Association’s duty of care to the plaintiff for alleged tortious acts that occurred outside of the Association’s control. After the dismissal hearing with the Court, and an adverse ruling for the Plaintiff, Jack and Ryan convinced the opposing party and counsel to dismiss their claims against the Association.
For informational purposes only. Past success does not indicate the likelihood of success in future cases.
Jack Daniel and Arden Lowndes Obtain Dismissal for Insurance Carrier
February 28, 2020
Jack Daniel and Arden Lowndes obtained a dismissal for a large national insurer based upon a coverage defense. The case involved the application of South Carolina’s underinsured motorist law and whether the Plaintiff, who was involved in an accident while operating his motorcycle, was entitled to recover underinsured motorist coverage from an “at-home” policy. The summary judgment motion involved questions about the portability of insurance and related insurance stacking concepts, which can be a complex under state law. Although the Circuit Court granted summary judgment based primarily on defense counsel’s portability argument, the discovery also established that Plaintiff was given a meaningful offer of underinsured coverage that complied with South Carolina’s strict standard even though the offer was conveyed as an online offer of insurance.
For informational purposes only. Past success does not indicate the likelihood of success in future cases.
Jack Daniel Secures Partial Voluntary Dismissal in Construction Related Products Liability Case
December 20, 2018
Jack Daniel recently secured a voluntary dismissal of certain cross-claims asserted against their product supplier client in a construction defect case in Charleston County, South Carolina. In this case, homeowner-plaintiffs sued various subcontractors, including a sprayfoam applicator and its principals, after renovations were performed on its home. In response, the sprayfoam applicator and its principals brought third-party claims against Jack's client—the supplier of a chemical product used to produce the sprayfoam applied at the subject property. After several amendments, the plaintiff eventually added Jack’s client as a direct defendant, and the sprayfoam applicator subsequently re-asserted its claims against their client as cross-claims for (1) Breach of Contract; (2) Negligence; and (3) Indemnity. In August 2018, Jack filed a motion for summary judgment as to the sprayfoam applicator’s Breach of Contract and Negligence cross-claims in the Charleston County Circuit Court, arguing that (1) these cross-claims were nothing more than disguised claims for indemnity; (2) these cross-claims were barred because the rights of the sprayfoam applicator and its principals had been assigned to another company that was not a party to the lawsuit; and (3) the principals of the spray foam applicator had no standing to bring these cross-claims because they were not parties to the underlying agreement upon which they based their claims. On the morning of the hearing in December 2018, opposing counsel contacted defense counsel and agreed to dismiss, with prejudice, these cross-claims for Breach of Contract and Negligence. Thus, as a result of a filed motion and creative legal arguments, Jack secured a voluntary dismissal of two out of the three cross-claims asserted against his client in this case without incurring any additional expenses for a hearing and/or further briefing.
For informational purposes only. Past success does not indicate the likelihood of success in future cases.
Events
Copeland Stair’s Annual Insurance Coverage and Bad Faith Seminar in Atlanta, GA – September 12, 2019
September 12, 2019
Copeland, Stair, Valz & Lovell's Annual Insurance Coverage and Bad Faith Seminar was held on Thursday September 12, 2019. Located at the beautiful Atlanta Botanical Gardens, this two-track format addressed the emerging issues that keep you up at night. Some session topics included: the rise in tort litigation, putting together the pieces of the wrongful death case, effective use of recorded statements and the material misrepresentation defense, liability exposure in the age of active shooters and the impact bias has on case evaluation and jury deliberations. For more information on this seminar, please contact Michelle Mattox.
CLM New York – Angela Kopet Presented – Doug MacKelcan, Jack Daniel and Andrew Countryman Attended
December 1, 2016
Angela Kopet participated in a presentation To Apologize or Not to Apologize, That is the Question at the CLM Conference at the Millennium Broadway Hotel in New York on December 1. Doug MacKelcan, Jack Daniel and Andrew Countryman attended. Please click here for the Press Release.
Carlock Copeland Seminar – Risk Management for Design Professionals – Atlanta – November 17, 2016
November 17, 2016
Kent Stair, Bill Jones and the Design Professional Group presented How to Avoid, Manage and Resolve Claims Against Design Professionals and led a discussion regarding claims against design professionals which included advice on the best practices to avoid claims, how to handle claims when they cannot be avoided, and the various ways to resolve claims. This event was held at the Cobb Energy Centre on November 17. Please contact Patty O'Toole at potoole@csvl.law for more information.
Carlock Copeland was a proud sponsor of the 2016 CLM Atlanta – Angela Kopet, Doug MacKelcan, and Jack Daniel attended
May 19, 2016
Carlock Copeland was a proud sponsor of the 2016 CLM Atlanta held at the W Atlanta - Downtown, 45 Ivan Allen Jr. Blvd., Atlanta, Georgia 30308 from May 19-20. Angela Kopet, Doug MacKelcan, and Jack Daniel attended.
Carlock, Copeland & Stair Attorneys Selected for 2016 South Carolina Super Lawyers® and Rising Stars®
April 22, 2016
We are proud to announce that 9 of our lawyers have been selected for inclusion on the South Carolina Super Lawyers® and Rising Stars® lists for 2016. Super Lawyers® Kent T. Stair - Construction Litigation Only five percent of the lawyers in the state are named by Super Lawyers®. The selections for this esteemed list are made by the research team at Super Lawyers®, which is a service of the Thomson Reuters. Each year, the research team at Super Lawyers® undertakes a rigorous multi-phase selection process that includes a statewide survey of lawyers, independent evaluation of candidates by the attorney-led research staff, a peer review of candidates by practice area, and a good-standing and disciplinary check. Rising Stars® Andrew W. Countryman - Professional Liability Defense Jackson H. Daniel, III - Civil Litigation Defense Douglas W. MacKelcan - Civil Litigation Defense Patrick J. Norris - Construction Litigation Laura Paris Paton - Construction Litigation Lee C. Weatherly - Medical Malpractice Defense Tyler P. Winton - Construction Litigation Rising Stars® is a listing of exceptional lawyers who are 40 years of age or under, or who have been practicing for 10 years or less, and have attained a high degree of peer recognition and professional achievement. Only 2.5 percent of the total lawyers in the state are honored on the Rising Stars® list.
Publications and Presentations
Effective Use of Recorded Statements, EUOs, and the Material Misrepresentation Defense – Presentation at Copeland Stair’s 2019 Insurance Coverage and Bad Faith Seminar
September 12, 2019
Insurance policies contain terms and conditions that dictate the obligations of the insurer, but they also provide the insurer with important tools to use in the investigation and resolution of a claim. In the Southeast, these tools include recorded statements and examinations under oath. Jack Daniel, Ryan Kolb and Clinton Magill provided guidance on the proper use of recorded statements and EUOs and how to avoid their misuse. When used correctly and effectively, they can provide evidence to significantly reduce or even deny a claim, including the material misrepresentation defense. For more information on this presentation or firm seminars, please contact Michelle Mattox.