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Arthur E. Justice, Jr.

Shareholder | Florence, SC | Myrtle Beach, SC |

ajustice@turnerpadget.com   |   vcard   |   843-656-4412

Biography

Art Justice has been a trial lawyer with Turner Padget his entire career, which spans more than 30 years. As the Turner Padget lawyer with the longest tenure in the Florence office, he has experience in a number of diverse, yet interrelated, areas of practice. Art handles matters from both the Florence and Myrtle Beach offices. Art has a large employment practice that includes both employment counseling, and when necessary, defense of his clients’ employment practices in the courtroom. He defends professional liability suits against attorneys, accountants, health providers, insurance agents and brokers, and other professionals. His practice includes a risk management component where Art helps the clients “do it right the first time” and avoid expensive lawsuits on the back end.  Art also assists the firm’s clients in other litigation matters, including intellectual property litigation and closely held company disputes. In addition to his litigation and employment counseling, Art has been the lead attorney on a number of economic development projects, providing analysis, negotiation and implementation of tax and other incentives for expanding or new business locations. Art is the Practice Group Leader for the firm's employment and professional liability practice groups. Art also serves as the firm's employment counsel and risk manager/ethics counsel.

Art has tried over 100 cases to verdict. Much of his trial practice has been in federal court, including the defense of Title VII claims, suits under the Americans with Disabilities Act (ADA) and the Age Discrimination in Employment Act (ADEA), and the defense of wage and hour claims under the Fair Labor Standards Act (FLSA). Art provides an understanding but aggressive defense to attorneys, accountants, and other professionals who have been accused of negligence in their profession. Many times in closely held corporations, disputes that arise can create a “bet the company” case, which is when Art’s courtroom experience, coupled with his astute business counsel, can make the difference.  Art is also a certified mediator.

Involvement in the community is important, and Art has served as chairman of the board of the Greater Florence Chamber of Commerce, chairman of Florence County Progress, and chairman of the board of the Florence United Way. Art is currently leading a ministry at his church that provides beds to school children who do not have a bed to sleep in.

Representative Matters

Employment

  • Defended a building supply company in a federal suit alleging that the plaintiff had been fired from his job because he complained about a female supervisor who used profane language around the plaintiff.  Art obtained a dismissal of the suit before it ever got to trial because he showed, through employee affidavits, that everyone in the warehouse, including the plaintiff, used bad language every now and then.
  • Represented an employer in a lengthy and involved wage and hour investigation by the Department of Labor, in which Art and his team were able to demonstrate that Fourth Circuit case law clearly held that the client’s treatment of meal and wait time was in compliance with the FLSA. When one of the client’s former employees wanted to continue to pursue the matter by threatening a lawsuit, Art met with her attorney and fully explained the client’s position, resulting in the former employee dropping her claim.
  • Served as employment counsel, for over 20 years, to County Disability Boards, 501(c)(3) organizations whose governing boards are appointed by the governor. Art now represents approximately 25 percent of such boards in South Carolina, some of which have over 350 employees.
  • Assisted a major building materials company determine the most economical way to downsize its multi-state warehouse system and develop and implement a reduction in force plan. As a result, the client is now expecting a return to growth.

Professional Liability

  • Represented an attorney in a malpractice action in which Art’s client was alleged to have failed to properly counsel the plaintiffs on very intricate bank regulations. The case settled for an amount very favorable to Art’s client, because he was able to show that the plaintiffs’ own actions contributed to the imposition of the divestment order by the regulatory agency.
  • Represented an accountant in a claim involving both corporate income tax return preparation and preparation of federal and state withholding returns.  Was able to resolve the case for less than cost of defense.

Economic Development Incentives

  • Represented Heinz Company to obtain all of the documentation and implementation of tax and other incentives that the company needed to locate its new plant in South Carolina.

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