Buist Moore Smythe McGee P.A., Charleston SC

John J. Kerr

John J. Kerr

Of Counsel


Phone: (843) 720-4630  |  Fax: (843) 723-7398  |  Email: jkerr@buistmoore.com

Practice Areas
Business and Banking
Business Litigation
Civil Litigation
Media Law

John Kerr has over thirty years of experience as a business and trial lawyer. For the last twenty years, he has placed emphasis on media law defense of libel and slander actions against broadcast and print media. Mr. Kerr also represents media and business clients on related media issues, such as advice on the Freedom of Information Act, the Telephone Consumer Protection Act., copyright, media related contracts and internet law issues. He has also litigated a wide range of cases including divorce, contested and uncontested suits to quiet real estate title, suits to force compliance with the FOIA, employment and construction related lawsuits.

Representative Matters:
   •  Dismissal of author in a libel trial involving nationally circulated book, upheld on appeal
   •  Dismissal of libel lawsuit brought against two newspapers, upheld on appeal
   •  South Carolina Supreme Court overturned appellate and lower court’s refusal to order 911 tape recordings requested by newspaper under the FOIA in police shooting incident
   •  Directed verdict for newspaper’s qualified privilege in investigation of employee conduct, upheld on appeal
   •  Lower court ordered nullification of a tax deed conveying a portion of client’s property, upheld on appeal
   •  Won new trial on appeal for a military spouse when lower court awarded an inadequate amount of military retirement pay as alimony and child support
   •  Courtroom closing for a preliminary bond hearing for attorney accused of felony DUI reversed by South Carolina Supreme Court on appeal
   •  Defense verdict after 7 minute jury deliberation in a newspaper libel trial, no appeal
   •  Defense verdict after 8 minute jury deliberation in a 3-week breach of contract trial, no appeal

Selected Reported Decisions:
   •  Corbin v. Carlin, 366 S.C. 187, 620 S.E.2d 745 (S.C.App.,2005).
   •  Metts v. Mims, 370 S.C. 529, 635 S.E.2d 640, (S.C.App.2006)
   •  Moosally v. W.W. Norton & Co., Inc., 358 S.C.320, 594 S.E.2d 878,32 Media L.Rep.1642(Ct. App. 2004)
   •  Evening Post Pub. Co. v. City of North Charleston, 363 S.C.452, 611 S.E.2d 496, 33 Media L. Rep. 1532 (S.C., 2005)
   •  Ex Parte First Charleston Corp., 329 S.C. 31, 495 S.E.2d 423 (1998)
   •  Smith v. Haynsworth, Marion, McKay & Guerard, 472 S.E.2d 612, 322 S.C. 433 (1996)
   •  Bell v. Evening Post Publishing Company, 459 S.E.2d 315, 318 S.C. 558 (Ct. App. 1995)
   •  C.D. Walters Const. Co. v. Fireman's Ins. Co. of Newark, New Jersey, 16 S.E.2d 709, 281 S.C. 593 (Ct. App. 1984)
   •  Haynes v. Haynes, 303 S.E.2d 429, 279 S.C. 162 (1983)

Educational Background:
   •  University of South Carolina School of Law, 1973 - J.D.
   •  The Citadel, 1968 - B.S., Business Administration

Professional Background:
   •  First Lieutenant, Field Artillery, United States Army, 1968-70
    • Bronze Star with First Oak Leaf Cluster
    • Air Medal with First and Second Oak Leaf Clusters
    • Purple Heart

Honors:
   •  Best Lawyers in America, First Amendment Law

Professional Organizations:
   •  Former President, Charleston Lawyers Club
   •  Former President, Young Lawyers Division, South Carolina Bar
   •  Former Member, Board of Governers, South Carolina Bar

Bar Admissions:
   •  South Carolina, 1973
   •  South Carolina Supreme Court, 1973
   •  United States Court of Appeals, Fourth Circuit, 2001
   •  United States District Court for the District of South Carolina, 1973

Community Organizations:
   •  President and Member of Board of Directors, Charleston Men's Chorus
   •  Former Senior and Junior Warden, St. Philip's Church, Charleston
   •  Three Term Vestry Member, St. Philip's Church
   •  Former President, John Ancrum Society for Prevention of Cruely to Animals




 
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