Palmetto State News

Alan Wilson, Attorney General for South Carolina, has raised concerns about what he describes as "lawsuit abuse" in the state, particularly in asbestos litigation. He warns that this trend is increasing costs and deterring business investment. The statement was made in an op-ed on February 6.

"Many in the business community have told me that South Carolina is gaining a reputation nationally and internationally for various types of lawsuit abuse," said Wilson. "They cite the asbestos docket as a primary example. South Carolina asbestos litigation is currently ranked third in the nation for judicial “hellholes” by the American Tort Reform Foundation — a ranking that places us behind only New York's and Pennsylvania's court systems. This reputation has real consequences, Many of the cases on our asbestos docket have resulted in multimillion-dollar verdicts, driving up tort costs across the state. In 2023 alone, tort costs in South Carolina reached the equivalent of $738 per person, resulting in $2.4 billion in lost personal income."

According to the op-ed, South Carolina employs retired judges who continue to serve in temporary roles without requiring legislative re-approval. Wilson says that while full-time judges must be voted on by the Legislature, retired judges serving temporarily are only reviewed for qualification by the Judicial Merit Selection Commission every four years. He proposes requiring these judges to undergo a retention vote every two years to enhance accountability and ensure continued legislative oversight.

Wilson notes that business owners in South Carolina have expressed concerns about frivolous lawsuits forcing companies to settle out of court. He says these settlements occur not because of wrongdoing but to avoid lengthy and costly litigation, which some businesses view as an effort to secure large payouts rather than legitimate claims for justice. Wilson warns that this perception affects South Carolina’s ability to attract new businesses and maintain a competitive economic environment.

The American Tort Reform Association (ATRA) reports that the number of defendants named in South Carolina asbestos lawsuits has increased in recent years. In 2018 and 2019, asbestos cases in the state typically included between 50 and 60 defendants, but by 2020, that number had risen to an average of more than 105 defendants per case annually. This figure is higher than the national average, which stood at 70 defendants per case in 2022, according to consulting firm KCIC.

Wilson has served as South Carolina’s Attorney General since 2011 and is currently in his fourth term after being re-elected in 2022. Before becoming Attorney General, he worked in the office as a prosecution division intern under Charlie Condon and later as an Assistant Attorney General under Henry McMaster. Throughout his tenure, Wilson has focused on public safety, defending constitutional freedoms, and implementing judicial reforms.