MONEY HUNGRY TRIAL LAWYER SEEKS TO CAPITALIZE ON DATA BREACH, BY ARGUING “WAY AROUND” TORT CLAIMS LAW
Marshall D. Culpepper
THE JEENYUS CORNER
Updated 11-1-2012. 8:56am
SOUTH CAROLINA – There has been a class action lawsuit filed against South Carolina’s Governor, Nikki Haley and the State Dept. of Revenue after it was made public that 3.6 million South Carolina resident’s Social Security Numbers had been stolen by hackers.
On Wednesday, the Hawkins Law Firm announced a lawsuit filed in Richland County that accuses Haley and the state tax agency of failing to protect the citizens of South Carolina and violating a state law that requires prompt disclosure of breaches according to Fox Carolina, in Greenville, SC.
Hawkins told FOX Carolina that the lawsuit was filed by a Spartanburg man whose information was compromised during the cyber attack. He said that the lawsuit does not seek monetary damages, but instead seeks to hold leaders accountable.
This report by WHNS Fox 21 turns out to be false. Which is no big shocker when you consider that morning news anchor, “Foxy” Cody Alcorn has made conflicting claims as to who the local station is an affiliate of (CNN or Fox, which is it Cody?)
According to an article on GoUpstate.com, Hawkins’ suit asserts that the Department of Revenue should be liable for a fine of $1,000 for each resident affected. This would amount to the SCDOR (which is funded by the tax payers of South Carolina) being fined $3,600,000,000 ($3.6 billion, with a ‘B’ dollars).
In cases such as this, the state is limited to a maximum $600,000 payout for damages, according to the South Carolina Tort Claims Act, however, Hawkins said his office is “convinced we have a strong argument around the cap. That’s all I can say now about the cap.”
“There is a trial lawyer with a hand out and a tissue ready at any crisis, and he has just proven that,” Governor Haley said at a press conference in Columbia. The former senator has had quite a lucrative law career since leaving the state legislature by suing businesses that provide jobs to the workers of the state, including BMW in Greenville, one of the state’s biggest employers.
There is, however, more motivation for Hawkins than just another big fat commission on the backs of the tax-payers.
John Hawkins served as the state Senator in Spartanburg’s district 12 from 2001-2009, at which point he left the state legislature to work as a trial lawyer. After Hawkins’ left the senate to chase the big bucks as a trial, suing businesses across the state.
He was replaced with conservative Lee Bright. Yet after only one term out of office, Hawkins set out to challenge Bright for the Dist. 12 Senate seat, using a deceptive campaign slogan of calling himself a “New Senator”.
In a hotly contested primary which saw allegations of Hawkins criminal past resurface, Bright edged out his opponent after Gov. Haley gave the freshman senator her endorsement in the GOP primary.
It doesn’t take a rocket scientist to figure out that, in addition to a potential big payday on the public dime, the shady ex-senator turned anti-business trial lawyer would relish the opportunity to exact some revenge against the state’s top official.
While Gov. Haley and those in charge at the SCDOR certainly should be held accountable, you have to question the motive behind Hawkins’s taking up the case.
READ THE DOCUMENT FILED IN A RICHLAND COUNTY, SC. COURT YESTERDAY BY THE JOHN HAWKINS LAW FIRM
- Nikki Haley’s Data Breach Claims Debunked | THE JEENYUS CORNER (jeenyuscorner.com)
- SC Hacking Blame Game | THE JEENYUS CORNER (jeenyuscorner.com)
- Nikki Haley: ‘I Want Him Slammed Against a Wall” | THE JEENYUS CORNER (jeenyuscorner.com)
- Hacker Takes Millions of SC Citizens’ Personal Info | THE JEENYUS CORNER (jeenyuscorner.com)
- Data security breach expands to 657K SC businesses; suit filed against state (thestate.com)
- Spartanburg Lawyer Files Lawsuit Over State Security Breach (wspa.com)
- Lawsuit filed against Haley, SCDOR in hacking case (wyff4.com)
- South Carolina sheriffs offering amnesty for explosives | THE JEENYUS CORNER (jeenyuscorner.com)
- Open Letter to All South Carolina News Papers and TV Stations | THE JEENYUS CORNER (jeenyuscorner.com)
- FITSNEWS REPORTS: Nikki Haley To Hold Conference Call For Lawmakers After Security Breach | THE JEENYUS CORNER (jeenyuscorner.com)