A General Practice, Pee Dee to D.C.
☞ traffic court to the Supreme Court
☞ simple wills to extraordinary writs
☞ quit-claims to death claims
Jason Scott Luck, Attorney at Law
107 South Parsonage Street, Bennettsville, South Carolina 29512, United States
Hours
Today | Closed |
Biography
Jason Scott Luck
Jason was born in Winston-Salem, North Carolina, and raised in Seagrove, North Carolina, where his family has been making pottery since the 1860s. He is a graduate of the University of North Carolina at Chapel Hill, where he earned a B.S. with a double major in Mathematical Sciences (Computer Science concentration) and Anthropology. Jason was employed by several multinational technology companies in Research Triangle Park before enrolling in law school at the University of South Carolina. While in law school, Jason was a member of the Moot Court Bar and the editorial staff of the Southeastern Environmental Law Journal (f/k/a South Carolina Environmental Law Journal).
Jason practiced in Charleston, South Carolina for more than fourteen years, litigating before the District of South Carolina and nearly all South Carolina state trial courts.
In 2019 Jason married Bennettsville native Emzee Hilliard (daughter of Kenny Hilliard and Annie Newton Hilliard), and in 2020 he opened his practice in Marlboro County.
Jason is admitted to practice in the state of South Carolina, the United States Virgin Islands, the United States Patent and Trademark Office, the District of South Carolina, the Fourth Circuit Court of Appeals, the Federal Circuit Court of Appeals, and the United States Supreme Court.
Jason is also a sixth-generation potter, and he is privileged to have pottery in the collections of museums, galleries, and private enthusiasts nationwide.
A General Practice
Personal Injury
- Automobile accidents
- Wrongful death
- Civil rights violations
Criminal
- Traffic tickets Misdemeanors (e.g., assault, DUI, etc.)
- Felonies (e.g., murder, attempted murder, kidnapping, burglary, domestic violence, criminal sexual conduct, conspiracy, etc.)
- Post-conviction relief & habeas corpus
Real Estate
- Litigation
- Closings (residential and commercial)
- Contracts
Family
- Divorce
- Child custody
- Child support
- Name changes
Probate and Estate Planning
- Estate administration
- Probate litigation
- Wills
- Powers of attorney
Construction
- Defect litigation
- Mechanic's liens
- Contracts
More Specific Pursuits
Appeals
Intellectual Property
Intellectual Property
Jason is sought out as an appellate attorney in criminal and civil matters, even before a final decision is rendered by the trial court.
In addition to research, brief writing, and oral argument, he also brings valuable expertise in motions practice (appellate and post-trial) and petitions for writs of certiorari, supersedeas, mandamus, and other extraordinary writs.
He has argued cases before the South Carolina Court of Appeals, South Carolina Supreme Court, and United States Court of Appeals for the Fourth Circuit. He has also appeared multiple times, via pleading, before the United States Supreme Court.
Intellectual Property
Intellectual Property
Intellectual Property
Jason is a registered patent attorney with experience in other areas of intellectual property, such as trademarks, copyrights, and trade secrets.
Some of his past clients include:
- Individuals and businesses sued by record companies for unauthorized performance of their music in their establishment.
- Individuals sued by record companies for unauthorized downloading of their music.
- Individuals sued by movie studios for unauthorized downloading of their movies.
- A photographer whose photographs were used by a national construction company without his consent.
- A homebuilder sued by an architect for unauthorized use of house plans.
- A painter whose works were being counterfeited by a former employee.
- A child whose voice was sampled without authorization by a major recording artist.
- Individuals and businesses seeking to register their copyrights and trademarks with government authorities.
Mediation
Intellectual Property
Mediation
Jason is a South Carolina Supreme Court Certified Circuit Court and Family Court Mediator. He is also a certified mediator for the Federal District Court for the District of South Carolina.
Representative and Significant Cases
Clinton Folkes v. Kenneth Nelsen
State of South Carolina v. Kenneth Taylor
State of South Carolina v. Kenneth Taylor
34 F.4th 258 (CA4 2022), cert. denied, sub nom. Folkes v. Williams, 143 S.Ct. 736 (2023).
☞ A petition for a writ of habeas corpus under 28 U.S.C. § 2254, its appeal, and a petition to the United States Supreme Court.
Mr. Luck represented a petitioner serving a life sentence under South Carolina's "three strikes" law who alleged he recei
34 F.4th 258 (CA4 2022), cert. denied, sub nom. Folkes v. Williams, 143 S.Ct. 736 (2023).
☞ A petition for a writ of habeas corpus under 28 U.S.C. § 2254, its appeal, and a petition to the United States Supreme Court.
Mr. Luck represented a petitioner serving a life sentence under South Carolina's "three strikes" law who alleged he received inadequate assistance of appellate counsel. After securing habeas relief at the District Court, the Fourth Circuit reversed in a divided opinion.
A petition to the United States Supreme Court is pending.
Read the Fourth Circuit Court of Appeals’ opinion here.
State of South Carolina v. Kenneth Taylor
State of South Carolina v. Kenneth Taylor
State of South Carolina v. Kenneth Taylor
436 S.C. 28, 870 S.E.2d 168 (2022).
☞ An appeal of the dismissal of a DUI charge.
Mr. Luck argued on behalf of the amicus curiae South Carolina Association of Criminal Defense Lawyers, who sought to preserve the magistrate's dismissal of a DUI for the arresting officer's failure to capture the administration of Mr. Taylor's Miranda warnin
436 S.C. 28, 870 S.E.2d 168 (2022).
☞ An appeal of the dismissal of a DUI charge.
Mr. Luck argued on behalf of the amicus curiae South Carolina Association of Criminal Defense Lawyers, who sought to preserve the magistrate's dismissal of a DUI for the arresting officer's failure to capture the administration of Mr. Taylor's Miranda warning on video. The Supreme Court affirmed, with modification, the dismissal of the DUI charge for failure to comply with the videotaping requirement of S.C. Code § 56-5-2953(A).
Read the South Carolina Supreme Court’s opinion here.
Broderick Seay v. Al Cannon
State of South Carolina v. Kenneth Taylor
State of South Carolina v. Venancio Diaz Perez
927 F.3d 776 (CA4 2019) cert. denied, 140 S.Ct. 2633 (2020).
☞ A petition for a writ of habeas corpus under 28 U.S.C. § 2241, its appeal, and a petition to the United States Supreme Court.
Mr. Luck and his co-counsel represented the petitioner, whose state murder trial ended in mistrial after a key government witness failed to ap
927 F.3d 776 (CA4 2019) cert. denied, 140 S.Ct. 2633 (2020).
☞ A petition for a writ of habeas corpus under 28 U.S.C. § 2241, its appeal, and a petition to the United States Supreme Court.
Mr. Luck and his co-counsel represented the petitioner, whose state murder trial ended in mistrial after a key government witness failed to appear. As a direct appeal was not possible, Mr. Luck sought a writ of habeas corpus from the District Court declaring that double jeopardy prohibited his retrial. The District Court denied the petition, but the Fourth Circuit reversed and ordered the release of Mr. Luck’s client. The United States Supreme Court narrowly declined to review the Fourth Circuit, allowing Mr. Luck's client to be released.
Read more about this case in The Post and Courier here.
Read the Fourth Circuit Court of Appeals’ opinion here.
State of South Carolina v. Venancio Diaz Perez
Ashley II of Charleston, LLC v. PCS Nitrogen, Inc., et al.
State of South Carolina v. Venancio Diaz Perez
423 S.C. 491, 816 S.E.2d 500 (2018).
☞ An appeal of a conviction for Assault and Battery of a High and Aggravated Nature and other crimes.
Mr. Luck represented the defendant. The Supreme Court reversed the Court of Appeals due to the trial court’s improper exclusion of cross- examination related to an undocumented mother’s U-visa. U
423 S.C. 491, 816 S.E.2d 500 (2018).
☞ An appeal of a conviction for Assault and Battery of a High and Aggravated Nature and other crimes.
Mr. Luck represented the defendant. The Supreme Court reversed the Court of Appeals due to the trial court’s improper exclusion of cross- examination related to an undocumented mother’s U-visa. U-visas can legalize the immigration status of a victim of crime, provided they cooperate with the authorities, and the Supreme Court reversed Mr. Perez’s conviction for the trial court’s failure to allow counsel to explore potential bias based on this visa.
Read the South Carolina Supreme Court’s opinion here.
Read more about this case in The Post and Courier here and here.
See video of the South Carolina Supreme Court oral arguments here.
Brian Yates v. Christopher Terry
Ashley II of Charleston, LLC v. PCS Nitrogen, Inc., et al.
Ashley II of Charleston, LLC v. PCS Nitrogen, Inc., et al.
817 F.3d 877 (CA4 2016).
☞ A civil rights action (42 U.S.C. § 1983) brought by an Afghanistan War veteran against an officer of the North Charleston Police Department for excessive force during an arrest.
Mr. Luck and his co-counsel represented the veteran, who was tased repeatedly in view of his family during a traffic stop. A favo
817 F.3d 877 (CA4 2016).
☞ A civil rights action (42 U.S.C. § 1983) brought by an Afghanistan War veteran against an officer of the North Charleston Police Department for excessive force during an arrest.
Mr. Luck and his co-counsel represented the veteran, who was tased repeatedly in view of his family during a traffic stop. A favorable ruling for the veteran client required review by the Fourth Circuit Court of Appeals, which issued a well-cited opinion that has helped define the parameters of police taser use and use of force generally. The case was settled three days before trial for $380,000.
Read more about this case in The Post and Courier here.
Hear audio of the Fourth Circuit Court of Appeals oral arguments here.
Read the Fourth Circuit Court of Appeals’ opinion here.
Ashley II of Charleston, LLC v. PCS Nitrogen, Inc., et al.
Ashley II of Charleston, LLC v. PCS Nitrogen, Inc., et al.
Ashley II of Charleston, LLC v. PCS Nitrogen, Inc., et al.
791 F.Supp.2d 431 (DSC 2011), aff’d, 714 F.3d 161 (CA4 2013), cert. denied, 134 S. Ct. 514 (2013).
☞ A private recovery action under the Comprehensive Environmental Response, Compensation, and Liability Act (a “Superfund” lawsuit).
Mr. Luck represented a landowner subject to liability because it once owned a portion of the site in que
791 F.Supp.2d 431 (DSC 2011), aff’d, 714 F.3d 161 (CA4 2013), cert. denied, 134 S. Ct. 514 (2013).
☞ A private recovery action under the Comprehensive Environmental Response, Compensation, and Liability Act (a “Superfund” lawsuit).
Mr. Luck represented a landowner subject to liability because it once owned a portion of the site in question. This complex action, involving roughly eleven parties and many talented attorneys, was tried over four weeks in the United States District Court, where Mr. Luck obtained a favorable result for his client. This decision was subsequently affirmed by the Fourth Circuit Court of Appeals. The United States Supreme Court declined to review the Fourth Circuit, allowing its decision to stand.
Read the Fourth Circuit Court of Appeals’ decision here.
Thelma Poch v. Bayshore Concrete Products South Carolina, Inc., et al.
Too Tacky Partnership v. South Carolina Department of Health and Environmental Control
Thelma Poch v. Bayshore Concrete Products South Carolina, Inc., et al.
405 S.C. 359, 747 S.E.2d 757 (2013).
☞ An appeal of a summary judgment order dismissing a wrongful death case.
Two workers from a temporary labor agency were buried alive in a ditch used for casting concrete. Mr. Luck was one of the attorneys who represented the wrongful death plaintiff. Mr. Luck and his co-counsel advanced a new test
405 S.C. 359, 747 S.E.2d 757 (2013).
☞ An appeal of a summary judgment order dismissing a wrongful death case.
Two workers from a temporary labor agency were buried alive in a ditch used for casting concrete. Mr. Luck was one of the attorneys who represented the wrongful death plaintiff. Mr. Luck and his co-counsel advanced a new test for when a corporate parent may claim the “statutory employer” status of a subsidiary, and the South Carolina Supreme Court adopted this new test as part of the law of Workers' Compensation in South Carolina.
Read the South Carolina Supreme Court’s decision here.
Charleston County Department of Social Services v. Christine Marccuci
Too Tacky Partnership v. South Carolina Department of Health and Environmental Control
Thelma Poch v. Bayshore Concrete Products South Carolina, Inc., et al.
396 S.C. 218, 721 S.E.2d 768 (2011).
☞ A termination of parental rights action and subsequent appeal.
Mr. Luck represented the father, who had his child wrongfully taken by the Charleston County Department of Social Services.
After years of litigation in the Family Court, DSS sought to terminate the father's parental rights. While Mr. Lu
396 S.C. 218, 721 S.E.2d 768 (2011).
☞ A termination of parental rights action and subsequent appeal.
Mr. Luck represented the father, who had his child wrongfully taken by the Charleston County Department of Social Services.
After years of litigation in the Family Court, DSS sought to terminate the father's parental rights. While Mr. Luck did not prevail at trial, he appealed directly to the South Carolina Supreme Court, who, in a strongly-worded opinion, returned custody of the minor child to Mr. Luck's client. This opinion is cited frequently in termination of parental rights actions for its clarification of certain grounds for termination.
Mr. Luck's years of representation were provided without compensation, and in recognition of his work the South Carolina Bar named him Pro Bono Lawyer of the Year in 2012.
Read the South Carolina Supreme Court’s decision here.
Too Tacky Partnership v. South Carolina Department of Health and Environmental Control
Too Tacky Partnership v. South Carolina Department of Health and Environmental Control
Too Tacky Partnership v. South Carolina Department of Health and Environmental Control
386 S.C. 326, 686 S.E.2d 194 (App. 2009) cert. dismissed as improvidently granted Op. No. 27198 (S.C. Dec. 5, 2012).
☞ An appeal of an OCRM critical area permit for a joint-use dock.
Charles Newton v. Roger Muir, et al.
Charles Newton v. Roger Muir, et al.
Too Tacky Partnership v. South Carolina Department of Health and Environmental Control
2012 WL 8465997 (S.C.Ct.Com.Pl. Sept. 27, 2012).
☞ A construction defect action brought by a homeowner against the builder and his subcontractors.
Chase Bank USA, N.A. v. Anna Ramsey
Charles Newton v. Roger Muir, et al.
Chase Bank USA, N.A. v. Anna Ramsey
2010 WL 9520762 (S.C.Ct.Com.Pl. July 6, 2010).
☞ A complex multi-party residential mortgage foreclosure with proceedings before the circuit court and probate court.
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