Michael A. Scardato
Shareholder
843.723.7831 Main843.722.3227 Main Fax
mscardato@mcnair.net
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Charleston, SC Office
100 Calhoun Street
Suite 400
Charleston, SC 29401 Assistant
Sharon L. Amerson
samerson@mcnair.net
843.973.6816 Direct
Overview
Michael Scardato is a South Carolina native who grew up in Rochester, New York and has practiced law in South Carolina since 1978. His practice concentrates on civil litigation matters. While the majority of his cases have settled, he has had vast experience in trying cases before Federal and State Court juries, as well as handling non-jury and arbitration cases to verdict. He has handled cases in areas such as contract disputes, construction litigation, environmental claims, real estate-related litigation, insurance coverage litigation, product liability, premises liability, automotive liability, and medical malpractice. He has practiced in the South Carolina and Federal trial and appellate courts.
- Won $1.3 million award for manufacturing client for faulty Enterprise Resource Program (ERP) software
- Defeated class action claim against soil anchor manufacturer which has been affirmed on appeal
- Defeated multi-million dollar claim against a Prime Contractor by a Subcontractor. This was a jury verdict in federal court which was affirmed on appeal
- Obtained zero allocation of response costs for multinational corporate defendant in environmental contribution action concerning Superfund Site
- Successfully vacated default judgment against product manufacturer in wrongful death and survival action case
- Successfully settled wrongful death and survival action claims; and personal injury claims
- Member, American Bar Association
- Member, South Carolina Bar Association
- Member, Charleston County Bar Association
- Member, The Fourth Circuit Judicial Conference
- Member, American Association for Justice
- Charleston School of Law Moot Court Judge, 2007
- 2002 Merit Selection Panel Member, United States Magistrate Judge applicants
- Named,The Best Lawyers in America© (2013-2019)
- "Lawyer of the Year," Litigation-Real Estate - Charleston (2014)
- Awarded, Martindale-Hubbell AV Preeminent® Peer Review Rating*
- Member, Editorial Staff, South Carolina Law Review (1976-1978)
*AV®, BV®, AV Preeminent®, and BV Distinguished® are registered certification marks of Reed Elsevier Properties Inc., used under in accordance with the Martindale-Hubbell certification procedures, standards and policies.
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2011
Dana E. Winters and Daniella C. Winters v. Joyce Fiddie, C.W. Burbage, Barbara Daniels, and Prudential Carolina Real Estate
Berkeley County Court of Common Pleas, Case No.: 2007-CP-08-973, Opinion No.: 4884. Represented real estate company, real estate agent and sellers in dispute over sale of property. Case was settled after appellate decision. -
2012
Giles Cadman v. Kenneth Schoen
United States District Court, District of South Carolina, Civil Action No.: 2:10-cv-03253-CWH. Summary Judgment granted for Defendant client in dispute over ownership of stolen outboard motors. -
2005
Gregory v. South Carolina Department of Transportation, et al
289 F. Supp.2d 721 (D.S.C. 2003) affirmed 114 Fed. Appx. 87 (4th Cir. 2004). U.S. Supreme Court Certiorari Denied 2005. Obtained summary judgment for State entity on 11th Amendment grounds which was upheld on appeal. -
2008
Midland parkway Associates, LLC v. George Touras, Equity Properties and Development Company, Wilmington Trust Company, a Trustee for Southland-Summerville W.D. Delaware Business Trust
Dorchester County Court of Common Pleas, Case No.: 2003-CP-18-278. Unpublished Opinion No.: 2008-UP-083. Trial court granted Defendants’ Summary Judgment on Plaintiff’s Claims of Breach of Contract, Fraudulent Misrepresentation, Violation of the South Carolina Unfair Trade Practices Act and Promissory Estoppel because of Plaintiff’s failure to prove an enforceable agreement to convey real property. There was no written agreement and no unambiguous promise to convey real property to the Plaintiff. The Summary Judgment for the Defendants was affirmed on appeal. -
2005
Hawes v. Cart Products, Inc., U.S.L. Products, Inc.
386 F.Supp.2d 681 (D.S.C. 2005). Successfully vacated default judgment against product manufacturer in wrongful death and survival action case. -
1997
Handyman Network, Inc. v. Westinghouse Savannah River Co., Inc.
Op. No. 97UP256 S.C. Ct.App. filed April 15 1997. Obtained summary judgment for management and operations contractor in alleged breach of contract and tort claims case brought by subcontractor. The summary judgment was upheld on appeal. -
2002
Project Control Services, Inc. v. Westinghouse Savannah River Co., Inc. (D.S.C.)
Affirmed. 35 Fed. Appx. 359, 2002 U.S. App. Lexis 9644 (4th Cir. 2002), U.S. Supreme Court Certiorari Denied. Defeated multi-million dollar claim against management and operations contractor by a subcontractor in a Federal Court jury trial which was affirmed on appeal. -
2003
Beneteau, USA v. Baan USA, Inc.
United States District Court, District of South Carolina, Civil Action No.: 4:00-2834-12. Recovered and collected $1,326,559.00 in damages for boat manufacturer in dispute over faulty computer software. -
1987
Bonaparte v. Floyd
291 S.C. 427, 354 S.E.2d 40 (Ct. App. 1987) S.C. Supreme Court certiorari denied, July, 1987. Jury verdict for Plaintiff in medical malpractice action upheld on appeal. -
1999
Baird v. Charleston County, South Carolina
511 S.E.2d 69, 333 S.C. 519 (1999). Represented Charleston County in dispute over issuance of tax exempt bonds -
1985
Charleston Committee for Safe Water v. Commissioners of Public Works
286 S.C. 10, 331 S.E.2d 371 (Ct. App. 1985). Defended City of Charleston Agency’s action adding fluoride to public water supply. The Trial Court’s decision allowing fluoridation was upheld on appeal. -
1998
Dent, Jr. et al v. Agrico Chemical Company;
993 F. Supp. 923 (D.S.C. 1995) Affirmed 156 F.3d 523 (4th Cir. 1998). Obtained zero allocation of response cost for multi-national corporate Defendant in environmental contribution action concerning Super Fund Site. -
2000
Kuznik v. Bee's Ferry Associates, a SC Partnership and Howard E. Koffman v.Bee's Ferry Associates, a SC Partnership, Hilton Head Equity Management Co., Inc., Greenbax Enterprises. Inc,
538 S.E.2d 15, 342 S.C. 579 (Ct. App. 2000). Defended entity in partnership dispute which was settled after the South Carolina Supreme Court granted certiorari to review the Court of Appeals opinion. -
2000
Dunes Hotel Associates, a SC General Partnership v. Hyatt Corporation and SC Hyatt Corporation
245 B.R. 492; 2000 U.S. Dist. LEXIS 2127. Upheld hotel chain and affiliate’s right to continue operations at successful resort property. -
2006
The Contractors Club, Inc. v K-Con, Inc.
Charleston County Court of Common Pleas, Case No.: 2002-CP-10-1693. Defeated alleged breach of contract and tort claims in arbitration proceeding. The arbitrator’s decision was confirmed by the South Carolina Court in an order dated October 8, 2007. -
1994
Walters v. Mann, et al
1994 U.S. App. LEXIS 18241. Successfully defended an industrial pump designer for rights to own and market the device. -
1985
McDonald v. State Farm Mutual Automobile Insurance Company
287 S.C. 40, 336 S.E.2d 492 (Ct. App. 1985). Represented insured over insurance coverage dispute. -
2005
Wilson, et al v. Minute Man Products, et al
367 S.C. 653, 627 S.E.2d 733 (2005). Defeated class action claim against soil anchor manufacturer which was affirmed on appeal. -
1986
Spartanburg County School District Seven v. National Gypsum Company; United States Gypsum Company
805 F.2d 1148 (4th Cir. 1986). Defended building materials manufacturer. -
2008
Samantha Gauld v. O'Shaughnessy Reality Company d/b/a Prudential Carolina Real Estate, Chip Allen, Julie Lynch and Raymond Harris
Dorchester County Court of Common Pleas, Case No.: 2005-CP-18-1091. Opinion No.: 4455. 2008 S.C. App. Lexis 222. The trial court found that the Plaintiff’s alleged damages resulting from the sale of a residence were purely speculative and the Summary Judgment for the Defendants on claims of Breach of Contract, Breach of Contract accompanied by a Fraudulent Act, Breach of Fiduciary Duty, Negligence, Negligent Misrepresentation and Violation of the South Carolina Unfair Trade Practices Act was affirmed on appeal. -
2004
Fotia v. Palmetto Behavioral Health
317 F. Supp.2d 638 (D.S.C. 2004). Represented healthcare provider in action alleging violation of the Emergency Medical Treatment and Active Labor Act (EMTALA). -
January 1, 2005
Hawes v. Cart Products, Inc.
Case Cite: 386 F. Supp. 2d 681 (D.S.C. 2005)
Hawes v. Cart Products, Inc.