Russell Burke

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 over 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.  

• Best Lawyers in America, 2003-2008
• 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

AnMed et al. v. Leavitt:  Representing 32 South Carolina hospitals in claim against CMS for improper recoupment of Medicare payments under RAC

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. 

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 (9^th 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, (4^th 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 (4^th 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 (4^th Cir. 1987)  (reversal of unfair trade practices claim and wrongful termination claim)

• Fifty-nine Attorneys Selected for Best Lawyers in America®; Five Practice Areas Listed Among Top in the Carolinas
  Nexsen Pruet is proud to announce that 59 of its attorneys have been named to the 2011 edition of Best Lawyers®.
• Nexsen Pruet Earns Designation as 'Midlands Green Business'
  Nexsen Pruet has earned designation as a Midlands Green Business, joining other Columbia-area organizations that are committed to environmentally responsible practices in the workplace.
• Fifty-eight Attorneys Selected for Best Lawyers in America®
  Fifty-eight Nexsen Pruet attorneys will be included in the 2010 edition of The Best Lawyers in America®.
• "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”
• 32 Nexsen Pruet Attorneys Named to 2007 Edition of "Best Lawyers in America"
  Thirty-two attorneys from Nexsen Pruet, LLC have been named to the 2007 edition of Best Lawyers in America – including six who have now earned the honor for 10 years or more.
• "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"

• 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