Our Attorneys and Legislative Professionals
B. Rush Smith III
Partner
Areas of Law
Business Litigation
Class Action Defense
Consumer Financial Services Litigation
Financial Institutions
Insurance
Special Litigation and Corporate Investigations
Task Force on Financial Reform
Business Litigation
Class Action Defense
Consumer Financial Services Litigation
Financial Institutions
Insurance
Special Litigation and Corporate Investigations
Task Force on Financial Reform
Education
University of South Carolina School of Law
Clemson University
University of South Carolina School of Law
Clemson University
Bar Admissions
South Carolina
South Carolina
Rush Smith is a partner of Nelson Mullins Riley & Scarborough LLP. Mr. Smith's practice concentrates on complex civil litigation, primarily consumer class actions. He has defended class actions for clients in a wide array of industries, including financial services, insurance, utilities, healthcare, pharmaceuticals, manufacturing and retailing. In the financial services area, he has extensive experience in class actions arising under the common law, state rules governing the unauthorized practice of law, and state and federal consumer protection statutes, including the South Carolina Consumer Protection Code, the Real Estate Settlement Procedures Act (RESPA), and the Fair Credit Reporting Act (FCRA). In other consumer class actions, he has defended actions arising under unfair or deceptive trade practices acts, RICO, state tax laws, other state and federal statutes, and the common law. His experience extends to class actions in bankruptcy court, multi-district litigation (MDL) proceedings, and arbitration.
A member of the South Carolina Bar, Mr. Smith speaks and writes regularly on consumer class actions and financial services litigation. A member of the American Law Institute, he participated in the Members Consultative Group for Principles of the Law of Aggregate Litigation. He is also a member of the ABA Business Law Section, Consumer Financial Services Committee, the John Belton O’Neall Inn of Court, and the Richland County Bar Association. Mr. Smith is listed in The Best Lawyers in America (2003-2012). He is admitted to practice before the the U.S. District Court for the District of South Carolina, the 4th U.S. Circuit Court of Appeals, and the 6th U.S. Circuit Court of Appeals.
Mr. Smith earned a Juris Doctor, cum laude, from the University of South Carolina School of Law in 1989. During law school, he was a member of the Order of Wig and Robe and Order of the Coif and served as Articles Editor of the South Carolina Law Review from 1988-89. He earned a Bachelor of Science in Engineering Analysis from Clemson University in 1980.
Representative cases:
- Defended lender accused of improper collections practices.
- Coordinated the Firm's defense of numerous class actions arising under the South Carolina "attorney preference" statute.
- Served as lead counsel for a number of hospitals in a bilateral class action arising under a tax refund "debt set-off" statute, in what came to be the leading South Carolina case on Rule 23.
- Represented a state utility in a common law action resulting from the utility s sale of property that had been leased.
- Represented lenders accused of violating the Real Estate Settlement Procedures Act (RESPA) in connection with the payment of broker compensation.
- Represented retailers accused of collecting sales taxes from consumers in violation of state law in a bilateral class action.
- Represented lenders accused of violating the UCC's "notice of sale" provision.
- Coordinated the Firm's class certification defense in an MDL proceeding in which consumers sought refunds of purchases of an allegedly defective pharmaceutical product.
- Represented mortagage insurance company accused of "adverse action" under the FCRA.