As new settlements emerge, Murdaugh moves to have Satterfield suit dismissed

Even as another settlement was announced, attorneys for former South Carolina attorney Richard "Alex" Murdaugh filed a motion to dismiss a lawsuit from the family of his late housekeeper, Gloria Ann Satterfield, whom he allegedly stole millions from in insurance settlements.

On Nov. 17, attorneys for Murdaugh filed a "motion to dismiss, or in the alternative, stay the proceedings" in regards to Michael "Tony" Satterfield and Brian Harriott, vs. Richard Alexander "Alex" Murdaugh, Chad Westendorf, Palmetto State Bank, Corey Fleming, and Moss, Kuhn & Fleming, P.A." This civil suit alleges that Murdaugh, with the help of other parties, stole insurance settlement money from the sons of Satterfield, who died after a fall at Murdaugh's home in 2018.

Murdaugh attorneys Richard A. Harpootlian and James M. Griffin filed the motion in Hampton County Court of Common Pleas asking the court to dismiss claims against Murdaugh in this suit because other parties have already paid settlements; or, stay the lawsuit until his criminal proceedings are over. Murdaugh is currently charged with two counts of obtaining goods under false pretenses after allegations that he stole approximately $4.3 million in insurance payouts from the Satterfield heirs.

Eric Bland, an attorney representing the Satterfield estate, called the latest motion "cockamamie," adding that Murdaugh's attorneys are "pulling motions out of the air."

"It's repugnant, and it stains the legal profession," said Bland, of Bland Richter, LLP.

"I fully expected Alex Murdaugh to take the 5th Amendment on this case ... but I did not expect this ridiculous proposition," stated Bland. "Basically, Alex is now saying that, 'Yeah, I may have stolen the money, but you have been made whole, so I get to keep the stolen money.' It's an arrogant proposition that he should get to declare the Satterfields have been made whole, and not a judge or jury."

"This doesn't get to be a windfall for Alex Murdaugh," Bland said.

To date, Bland Richter, LLP has recovered in excess of $7 million in settlements in this case, from insurance companies and other parties - but not from the accused man, Murdaugh.

Bland further contended that Murdaugh is "victimizing" his clients for a second time, by forcing them to go through the gauntlet and costly, emotional turmoil of civil litigation, instead of "trying for the first time to do the honorable thing."

"That's the kind of evil darkness that exists in this guy," stated Bland. "That's the kind of DNA flaws he's got."

When contacted for comment, Murdaugh attorney Harpootlian said "We are not commenting on these matters outside the courtroom," citing that this was prohibited by professional rules of conduct.

Murdaugh's motion to dismiss or stay states two main points:

"Plaintiffs previously settled all pending claims against the co-defendants and other alleged tortfeasors for more than $6 Million. As a result, Plaintiffs have been fully compensated for their alleged losses. Because South Carolina law prohibits Plaintiffs from obtaining a double recovery for the same injury, Defendant Murdaugh is entitled to a credit for the more than $6 Million paid by all other settling tortfeasors against any judgment Plaintiffs may be awarded for damages against him... "

"Plaintiffs' only potential for recovery against Murdaugh is on their claim for punitive damages. The purposes of punitive damages are to punish the wrongdoer and deter the wrongdoer and others from engaging in similar reckless, willful, wanton, or malicious conduct in the future ... These are the exact same purposes of a criminal prosecution. As a result, a stay of this civil lawsuit is in the best interests of judicial economy and will not interfere with Plaintiffs' interest in an expeditious recovery (which has already been obtained). Furthermore, the public interests will best be served staying this civil lawsuit, and allowing the criminal prosecution to proceed without interference."

Bland added that this motion is more "repugnant" when considered in the context of Murdaugh's Oct. 29 signed confessions of judgement on two other civil suits, from his brother, Randolph Murdaugh IV, and his former law partner, John E. Parker, who claim that Murdaugh borrowed money from them but never repaid.

Bland pointed out that these confessions of judgement, if accepted and approved by the court, would legally ensure that his brother and partner's claims would be paid before other claims, including that of the Satterfields or a wrongful death suit by Renee Beach, the Hampton County mother who lost her teenage daughter Mallory in a 2019 boat crash in which Murdaugh son, Paul, was allegedly responsible.

Since those confessions of judgement were signed, attorney John Lay, who was recently court-appointed as a co-receiver over Murdaugh's assets, has filed a motion to stay that judgment pending further consideration by the court.

Bland Richter files Memo

in Opposition to Dismiss

On Nov. 23, Bland Richter filed a "Memorandum in Opposition to Murdaugh's Motion to Dismiss" in H.C. Court of Common Pleas.

This memo alleges that not only does Murdaugh still owe the $4.3 million allegedly stolen, he also owes the Satterfield Estate interest and taxes on this money, as well as punitive damages. Applying conservatively a five time punitive multiplier, Murdaugh's damages exposure is $38,990,350, alleges the memo.

The memo calls Murdaugh's motion to dismiss "fatally flawed" and "akin to rearranging the deck chairs on the Titanic - it will not change the outcome."

"Murdaugh cannot argue that because others paid for the money he stole, he is entitled to a get out of jail free card," the Satterfield memo states. "Much to Murdaugh's chagrin, he will have to wait until the jury speaks, evaluate the verdict (if any) that issues and then determine whether prior settlements were obtained on the same cause of action and whether he is entitled to an off-set for the amounts paid."

"The public is waiting and watching to see how South Carolina Courts will handle a once powerful and influential attorney," the memo adds. "Is there one system of justice for all or a two-tiered justice system that favors the wealthy and powerful?"

Additional Satterfield settlement announced

On Nov. 17, Bland Richter, LLP announced a new settlement in the Satterfield suit.

"The law firm of Bland Richter, LLP is pleased to announce on behalf of the Estate of Gloria Satterfield ("Estate") that on Tuesday, November 16, 2021, a second and final settlement was reached with attorney Cory Fleming, his former law firm, Moss, Kuhn & Fleming, P.A., and their professional liability insurance carrier in connection with an additional portion of their applicable insurance policy," said Bland and his partner, Ronnie Richter, in a statement.

The additional claim was against Fleming's professional malpractice insurance policy, said Bland.

"The insurance company and Cory Fleming stepped forward and wanted to do what's right," Bland added. "We are grateful that we are able to recover for these (Satterfield) boys, who deserve it."

Bland stated last week that, to date, his firm had reached more than $7 million in settlements from parties that include Palmetto State Bank, banker Chad Westendorf, Fleming, Fleming's law firm, Moss, Kuhn & Fleming, P.A., of Beaufort, S.C., and several insurance companies.