Marshall Winn, Member
Marshall has been serving as lead counsel in trials in state and federal courts for over twenty years. His litigation experience includes jury verdicts for clients in contract, fraud, environmental and general insurance coverage, and antitrust cases, among many others. Equally important are the many more cases which Marshall has resolved through private negotiation, mediation, or arbitration, always to the client's satisfaction and often involving creative approaches to conflict resolution. Marshall has also been active in bankruptcy litigation for clients of the firm, particularly in defending substantial preference claims.
Representative Matters
- Marshall, working with Wyche attorney Troy Tessier, represented a major paper manufacturer in a general liability insurance claim involving failure of a large piece of equipment. After three days of trial, the opposing party raised its pretrial offer from $200,000 to the full amount of the claim, nearly $2 million, resulting in settlement of the case.
- With Wyche attorney Mark Bakker, Marshall defended a large military goods manufacturer against a wrongful-rejection claim brought by a supplier alleging damages in the millions of dollars. The jury rendered a verdict for our client, even though the defense was based on a complicated Uniform Commercial Code theory.
- For many years Marshall has represented a well-known fitness equipment manufacturer. Using a principle of bankruptcy law he argued was applicable to certain legacy products, Marshall was able to resolve literally scores of personal-injury claims all across the country without any payment whatsoever by either the client or the client's insurer.
- After a disastrous decision of the state supreme court while represented by another law firm, an international client retained Marshall to resolve a complex matter involving a multi-million dollar U.S. judgment and potential criminal liability. Through patient negotiation over several months, Marshall was able to settle the matter on very favorable terms for the client, which settlement enabled the client to begin a series of business transactions resulting in acquisition of one of the largest industrial enterprises in Europe.
- Marshall defended an insurance company in a substantial fidelity coverage claim brought by a large local bank, resulting in a jury verdict in favor of the defendant. Jurors interviewed after the verdict took special note of certain special tactical decisions Marshall made as being important to their decision.
- With Wyche attorneys Jim Parham and Ted Gentry, Marshall defended a regional supermarket chain against an antitrust claim brought by a larger competitor. The plaintiff's case lasted nearly six days, and Marshall made a strategic decision to abbreviate the defense case to one day. The jury returned a verdict for the defense after fifteen minutes of deliberation.
Professional Background
| 1985– Present | Wyche Burgess Freeman & Parham, P.A. |
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| 1982–85 | Associate, Buist, Moore, Smythe & McGee, Charleston, South Carolina |
| 1974–79 | Admissions Officer, University of South Carolina; founding Director of Admissions, South Carolina Honors College, 1976–79 |
Educational Background
| 1982, J.D. | Harvard Law School; Board of Student Advisors, Member, 1980–82, Chairman, 1981–82; Faculty Legal Education Committee Member, 1981–82 |
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| 1974, B.A. | University of South Carolina Honors College, summa cum laude, Phi Beta Kappa |
Professional Activities and Memberships
- Member, Board of Law Examiners, by appointment of the South Carolina Supreme Court, 2003-Present
Bar and Court Admissions
- South Carolina Bar, 1982
- Supreme Court of the United States, 1991
Representative Community Activities
- United Way, Corporate Solicitor
- Urban League Of the Upstate, Board Member and Chairman of Board of Trustees
- Member, Greenville Civic Chorale
Publications
- Co-author, “Till Death Do We Split: Married Couples and Single Persons Under the Individual Income Tax,” 34 S.C.L. Rev. 829, 1983
Awards and Honors
- Listed in Best Lawyers in America, 2004–08