Lawyer Bio : Henry B. Smythe, Jr.

Henry B. Smythe, Jr.

Charleston

Henry is a trial lawyer with 30 years of experience representing major corporations in complex litigation in the areas of product liability defense, mass tort defense, and class action litigation. His clients range from major national and regional companies to locally owned concerns, in court cases in both the state and federal systems. His product liability clients have included many manufacturers of automobiles, tractor-trailers, heavy-duty building equipment, tires, automobile seats, tobacco products and wood products. Other work regarding personal injury includes representation of automobile service companies.  Henry has also handled various business litigation matters for corporations and individual clients.

Representative Matters:
  • Representation of a tobacco manufacturer in suits for wrongful death.
  • Representation of tire manufacturers in personal injury and wrongful death actions.
  • Representation of vehicle manufacturers in personal injury and wrongful death actions.
  • Representation of consumer products manufacturer in fire-related lawsuits.
  • Representation of equipment manufacturers in warranty and personal injury matters.
Selected Decisions

Any result the lawyer or law firm may have achieved on behalf of clients in other matters does not necessarily indicate similar results can be obtained for other clients.
  • Represented defendants in obtaining summary judgment in alleged bank fraud matter on several legal grounds including the preclusive effect of prior adjudications in related cases.
  • Represented employer in common-law tort claim. The Fourth Circuit held that the defendant, as a statutory employer, was immune from the longshoreman’s common-law tort claim.
  • Represented defendant, a distributor supplier of insulation products, in an appeal from denial of its Motion for Change of Venue. Supreme Court held that venue was proper only in county in which distributor supplier had its only place of business. Adverse ruling for appellant.
  • Represented defendant in a successful effort to change the assessment on an unfinished subdivision.
  • Represented respondents in an appeal from an order enjoining a South Carolina municipality from annexing an industrial park. The respondents persuaded the South Carolina Supreme Court that the petition for annexation was improper.

Additional Biography Info

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Professional Activities

Bar Associations: American Bar Association; South Carolina Bar Association, Past President.

Admitted to the bar 1977, South Carolina.

Certified Mediator; United States District Court for the District of South Carolina, Certified Circuit Court Mediator.

American Board of Trial Advocates, Member; American Counsel Association, Member; Defense Research Institute-Products Section, Member; Product Liability Advisory Council, Member; World’s Leading Product Liability Lawyers; SC Defense Trial Attorneys Association, Member; Sporting Goods Manufacturers Association, Member; Litigation Counsel of America.

Listed in The Best Lawyers In America, Personal Injury Litigation; Super Lawyers, South Carolina, 2009; Chambers USA 2007 - Leaders in their Field, Litigation; Martindale Hubbell Law Directory, AV rating.

Civic Activities

Member, Charleston City Council, 1992-1996; President, 1988-1991, Board of Directors, 1985-1991, 1999-2005, Coastal Community Foundation; Board of Directors, College of Charleston Foundation, 1991-1998; Board of Directors, Hospice of Charleston, Inc.; Board of Directors, International African American Museum, 2006-present; Leadership South Carolina, Class of 1982; Advisory Board/past Member, Palmetto Project; Board Member, Saul Alexander Foundation, 2002-present; Secretary, 1994-2011, Board of Directors, 1993-2011, Spoleto Festival, USA; Town Attorney, Town of Sullivan’s Island, 1977-1978; Trident Urban League, 1995-present.

Education

B.A., Political Science, 1970, Yale University.

J.D., 1976, University of Virginia School of Law.

Areas of Proficiency

  • Product Liability

Honors

Practice & Industry Teams

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