South Carolina Lawyers Weekly articles from April 2005

South Carolina Lawyers Weekly archives from April 2005

S.C. Supreme Court upholds verdict for bus passenger injured on highway shoulder.
April 4, 2005... Byline: Gregory Froom A Williamsburg County man who was hit by a car after a municipal bus dropped him off on the side of a highway instead of at a nearby park and ride could recover damages from the transit authority, the Supreme Court...

U.S. Court of Appeals 4th Circuit Case Summaries: April 4, 2005.
April 4, 2005... Byline: South Carolina Lawyers Weekly Staff Bankruptcy Unpaid Workers' Comp Premiums - Priority Claim - Ch. 11 Joining the 9th Circuit, the 4th Circuit reverses the lower courts and holds in a split opinion that an insurance...

Commentary: Ask The Risk Man.
April 4, 2005... Byline: Jay Reeves In late December, I drove down to South Carolina, shook hands with the Chief Justice, swore to be professional and nice, climbed back in my car and after purchasing fireworks and an Elvis necktie from South of the...

S.C. Court of Appeals Case Summaries: April 4, 2005.
April 4, 2005... Byline: South Carolina Lawyers Weekly Staff Criminal Murder - Hearsay - Confrontation Clause Where a jury convicted the appellant of robbing and murdering Paul Williams, and the appellant argues the trial judge erred by allowing...

S.C. Court of Appeals Unpublished Case Summaries: April 4, 2005.
April 4, 2005... Byline: South Carolina Lawyers Weekly Staff Appeals Injunctive Relief - Rule 59(e) Motion Where the respondent sued Carolina Air Services, Inc. and its shareholders, the appellants, for damages arising out of work performed on her...

Columbia-based law firm of Nelson Mullins Riley & Scarborough adds tax practice group.(appointments)(Brief Article)
April 4, 2005... Byline: South Carolina Lawyers Weekly Staff The Columbia-based law firm of Nelson Mullins Riley & Scarborough LLP has created a state and local taxation practice group to formalize its work in that area of law. The practice group is...

Columbia-based law firm of McAngus Goudelock & Courie celebrates 10th anniversary.
April 4, 2005... Byline: South Carolina Lawyers Weekly Staff The Columbia-based law firm of McAngus Goudelock & Courie recently celebrated its 10th anniversary. Founding members Hugh McAngus, Rusty Goudelock and Jay Courie said they never expected the...

S.C. Supreme Court Case Summaries: April 4, 2005.
April 4, 2005... Byline: South Carolina Lawyers Weekly Staff Criminal Armed Robbery - PCR - Statute of Limitations - Tolling Where the petitioner, who argues he filed his PCR application within one year from the date he returned to South Carolina,...

Workers' comp cases increasingly complex, says Greenville lawyer Russell T. Infinger.(Interview)
April 11, 2005... Byline: MICHAEL DAYTON, Editor Like many other practice areas, workers' compensation law is moving toward specialization, says Greenville lawyer Russell T. Infinger. "In the nearly 20 years I've defended workers' compensation cases, I...

S.C. Supreme Court rules out-of-state testing agency not subject to state jurisdiction.(Cockrell v. Hillerich and Bradsby Co.)
April 11, 2005... Byline: Gregory Froom An out-of-state organization that certified baseball bats as meeting certain standards was not subject to personal jurisdiction in a South Carolina suit over a player's injuries, the Supreme Court has ruled in an...

Law firm Kennedy Covington relocates its Rock Hill office.(Brief Article)
April 11, 2005... Byline: South Carolina Lawyers Weekly Staff The law firm of Kennedy Covington Lobdell & Hickman, L.L.P. held a ribbon-cutting ceremony and client reception at the new location of its Rock Hill office March 31. The firm has moved its...

Noted California professor, Michael H. Schwartz, hired by Charleston School of Law.(Brief Article)
April 11, 2005... Byline: South Carolina Lawyers Weekly Staff Prof. Michael H. Schwartz, a nationally known expert on issues in law school teaching, will join the faculty of the Charleston School of Law in August, Dean Richard Gershon announced late last...

Greenville-based law firm of Dobson, Jones & Ball adds shareholders, changes name.(Brief Article)
April 11, 2005... Byline: South Carolina Lawyers Weekly Staff The Greenville-based law firm of Dobson, Jones & Ball, P.A. has added two new shareholders: Virginia M. Phillips and Michael B. Bridges. The firm has also changed its name to Dobson, Jones, Ball,...

Commentary: Message from president of the Greenville County Bar Association.
April 11, 2005... Byline: James H. A lawyer friend whose wit and opinions have been respected by me for almost 30 years recently made the comment that our bar association seemed to him to be "distant." Is this reality or his perception? Is the preceding...

Greenville County Bar Association to host circuit judges' reception.
April 11, 2005... Byline: South Carolina Lawyers Weekly Staff The Greenville County Bar Association will host the statewide Circuit Court Judges and their spouses at a May 11 reception at the Commerce Club. Contact GCBA President Chip Price at...

Legal Staff Professionals of Greenville to host annual meeting.
April 11, 2005... Byline: South Carolina Lawyers Weekly Staff Legal Staff Professionals of Greenville is hosting the state association's annual meeting in Greenville, April 22-24, at the Westin Poinsett on Main Street. Contact Fran Powell at...

U.S. Court of Appeals 4th Circuit Case Summaries: April 11, 2005.
April 11, 2005... Byline: South Carolina Lawyers Weekly Staff Bankruptcy Arbitration Stay - Debtor Reorganization - Ch. 11 Where the debtor, who operated a coal mine in West Virginia, would have had its efforts to reorganize seriously hindered by an...

S.C. Supreme Court Case Summaries: April 11, 2005.
April 11, 2005... Byline: South Carolina Lawyers Weekly Staff Criminal Right to Obtain Documents - Grand Jury Impanelment Where we granted the petitioner's petition for a writ of certiorari to decide whether a criminal defendant has the right to...

S.C. Court of Appeals Unpublished Case Summaries: April 11, 2005.
April 11, 2005... Byline: South Carolina Lawyers Weekly Staff Attorneys Legal Malpractice - Default Judgment - Punitive Damages Where the respondent brought a malpractice suit against the appellant, his former attorney, for among other claims,...

S.C. Appeals Court rules judicial estoppel doesn't bar arguments that are seemingly contradictory.(Pro Clean)
April 18, 2005... Byline: Gregory Froom A woman who was injured in a Richland County wreck could argue that the other driver's van was "non-owned" under a commercial liability policy despite her earlier assertion that the driver's employer owned the...

S.C. Court of Appeals rules officer's knowledge prior to incorporation can be imputed to co.(Waterfront Flats)
April 18, 2005... Byline: Gregory Froom A corporate officer's knowledge about a potential dispute over water hook-ups could be imputed to the corporation for statute of limitation purposes, the Appeals Court has ruled in an unpublished opinion. That...

Commentary: Finding a computer forensics specialist.
April 18, 2005... Byline: FRANK GRINDSTAFF As little as five years ago most lawyers did not have to think about whether their case required computer forensics work in the discovery phase. Either they had never heard of computer forensics or they knew it was...

S.C. Lawyers in the News: April 18, 2005.
April 18, 2005... Byline: South Carolina Lawyers Weekly Staff Attorney Benjamin A. Lafond recently joined The Mason Law Firm, P.A. in Mount Pleasant. Lafond previously worked with the 1st Circuit Solicitor's Office. The firm focuses on personal injury cases,...

Wyche Law Firm attorney elected fellow of American Bar Foundation.(Carl F. Muller)(Brief Article)
April 18, 2005... Byline: South Carolina Lawyers Weekly Staff Greenville attorney Carl F. Muller, a member of the Wyche Law Firm, was recently elected a fellow of the American Bar Foundation, the preeminent research center for the empirical study of law,...

Ralph C. McCullough II to join Charleston School of Law as provost.(Brief Article)
April 18, 2005... Byline: South Carolina Lawyers Weekly Staff South Carolina lawyer Ralph C. McCullough II, has been named provost of the Charleston School of Law, the school's founders announced last week. As provost, McCullough will serve as chief...

U.S. Court of Appeals 4th Circuit Case Summaries: April 18, 2005.
April 18, 2005... Byline: South Carolina Lawyers Weekly Staff Civil Rights Attorney's Fees The Virginia Office for Protection and Advocacy was not entitled to an award of attorney's fees in this action against the commissioner of the Virginia...

S.C. Supreme Court Case Summaries: April 18, 2005.
April 18, 2005... Byline: South Carolina Lawyers Weekly Staff Attorney Disciplinary Matter Admitted Misconduct - Sexual Advances - Definite Suspension Where the respondent admitted misconduct for sexually harassing vulnerable female clients, we...

S.C. Court of Appeals Case Summaries: April 18, 2005.
April 18, 2005... Byline: South Carolina Lawyers Weekly Staff Criminal Threatening a Public Official - Mental Illness - Examination Where the appellant alleges the trial court abused its discretion by failing to order a medical examination to...

S.C. Court of Appeals Unpublished Case Summaries: April 18, 2005.
April 18, 2005... Byline: South Carolina Lawyers Weekly Staff Contract Payment for Delivered Merchandise - Rule 60(b) Motion Where the respondent sued the appellant seeking payment for merchandise delivered to the appellant, who argues her failure...

S.C Court of Appeals invalidates prenuptial signed by Ukrainian woman under duress.(South Carolina)
April 25, 2005... Byline: Gregory Froom A prenuptial agreement that was signed by a Ukrainian woman before she married a man from Rock Hill was unenforceable, the Appeals Court ruled April 18. The reason: the wife entered the agreement under duress, the...

Major bankruptcy overhaul becomes law.
April 25, 2005... Byline: Reni Gertner, Lawyers Weekly News Service A sweeping consumer bankruptcy bill that will make it more difficult for debtors to file for bankruptcy has been signed into law by President Bush. The bulk of the provisions in the new...

S.C. Court of Appeals rules lack of unusual circumstances made nurse's mental claim not compensable.(South Carolina)
April 25, 2005... Byline: Gregory Froom A Florence nurse who cared for mentally retarded patients could not recover comp benefits for workplace stress-related injuries even though she fell ill after she was assigned to more aggressive patients, the Appeals...

S.C. Women Lawyers Association names 2005 officers.
April 25, 2005... Byline: South Carolina Lawyers Weekly Staff The South Carolina Women Lawyers Association recently elected new officers for 2005. They include: * President: Katherine Dudley Helms, a shareholder with the law firm of Ogletree, Deakins,...

S.C. Lawyers In The News: April 25, 2005.
April 25, 2005... Byline: South Carolina Lawyers Weekly Staff Attorney Ryan Thomas Gardner has joined Nelson Mullins Riley & Scarborough in the law firm's Columbia office. Gardner is an associate of the firm who practices in the areas of tax planning,...

S.C. Lawyers In The News: April 25, 2005.
April 25, 2005... Byline: South Carolina Lawyers Weekly Staff Attorney Belton T. Zeigler has become a shareholder with the firm of Haynsworth Sinkler Boyd, P.A. Zeigler practices in the firm's Columbia office where he concentrates in regulatory and...

U.S. Court of Appeals 4th Circuit Case Summaries: April 25, 2005.
April 25, 2005... Byline: South Carolina Lawyers Weekly Staff Civil Practice Satellite TV - Encrypted Transmissions - 'Pirate Access Device' A plaintiff satellite TV company can sue a defendant suspected of using a "pirate access device" to...

S.C. Supreme Court Case Summaries: April 25, 2005.
April 25, 2005... Byline: South Carolina Lawyers Weekly Staff Contract S.C. Business Opportunity Sales Act - Franchise Agreement Where we accepted the following certified questions from the U.S. District Court: (1) Does the S.C. Business Opportunity...

S.C. Court of Appeals Case Summaries: April 25, 2005.
April 25, 2005... Byline: South Carolina Lawyers Weekly Staff Criminal Drug Offenses - Confrontation Clause - Hearsay Testimony Where the appellant alleges his right to confront witnesses was violated when the trial court permitted an officer to...