South Carolina Lawyers Weekly articles from April 2008

South Carolina Lawyers Weekly archives from April 2008

S.C. Lawyers in the News: April 7, 2008.(South Carolina)
April 7, 2008... Byline: South Carolina Lawyers Weekly Staff Retired 11th Circuit Family Court Judge C. David Sawyer has joined the law firm of Moore, Taylor & Thomas as a partner. Sawyer will primarily work out of the firm's Saluda office, but will also...

When loans are truly outstanding.(student loans)
April 7, 2008... Byline: Diana Smith When Emily Jura moved from Ohio to North Carolina to attend Duke University's law school, she knew two things for certain. First, she wanted to work in public defense. Second, she wanted to be able to afford to do...

S.C. COA rules case to go forward against radiologist who allegedly misread newborn's X-ray.(South Carolina Court of Appeals )
April 7, 2008... Byline: Gregory Froom A medmal suit brought by parents of a newborn whose heart was punctured by an IV line could survive the summary judgment motion of the radiologist who allegedly misread the baby girl's X-ray, the appeals court has...

S.C. Court of Appeals Rules claimant entitled to benefits for wreck en route to job site.(South Carolina)
April 7, 2008... Byline: Gregory Froom, Editor The Court of Appeals has upheld a comp award for a Lancaster brick mason who was injured in a wreck while riding to work with his foreman -- despite the employer's argument that the foreman wasn't authorized...

S.C. Court of Appeals rules non-compete fails for lack of additional consideration.(South Carolina)
April 7, 2008... Byline: Gregory Froom A Florence printer supply company could not recover damages from a toner salesman who quit to form a competing business -- even though he signed non-compete and non-solicitation agreements, the appeals court has ruled...

S.C. Court of Appeals Case Summaries: April 7, 2008.(South Carolina)
April 7, 2008... Byline: South Carolina Lawyers Weekly Staff Criminal Sexual Predator - Prior Offenses - Expert Testimony Expert testimony of a prior murder conviction and prior sexually related offenses that did not result in convictions was...

S.C. Court of Appeals Unpublished Case Summaries: April 7, 2008.(South Carolina)
April 7, 2008... Byline: South Carolina Lawyers Weekly Staff Arbitration Credit Card Agreement - Confirmation Of Award The Circuit Court erred by confirming an arbitration award because the credit card issuer failed to produce any evidence...

S.C. Supreme Court Case Summaries: April 7, 2008.(South Carolina)
April 7, 2008... Byline: South Carolina Lawyers Weekly Staff Constitutional Smoking Ordinance - Preemption A municipal ordinance banning smoking in bars and restaurants is valid and enforceable since it is not preempted by state law and does not...

U.S. Court of Appeals 4th Circuit Case Summaries: April 7, 2008.
April 7, 2008... Byline: South Carolina Lawyers Weekly Staff Civil Rights Va. FOIA - Prisoner Request - Hepatitis Protocol The Virginia Department of Corrections did not violate the civil rights of a Virginia inmate who has hepatitis C when it...

Commentary: New marketing trend for lawyers: Online videos.
April 14, 2008... Byline: Dale Tincher If you've heard the hype about online videos and are wondering about their relevance for your law firm's Web site, you're not alone. Lawyers USA recently spotlighted a trend among law firms that use online videos...

Commentary: 'Brilliant, but eccentric' poet lawyer obsessed over improving fans.(Maurice M. Glasser)
April 14, 2008... Byline: Ruth W. Cupp U.S. Supreme Court Justice Clarence Thomas is coming to Charleston this week. Justice Thomas will arrive aboard the boat "Michaela Rose," which is owned by the Dallas-based Trammell Crow Company. This company has...

Opinion may have redefined 'duress' in contracts context in S.C., too.(South Carolina)(Brief article)
April 14, 2008... Byline: Gregory Froom The impact of the high court's ruling in McCann v. Doe could extend beyond adoption law, according to one of the lawyers in the case. The birth mother's attorney in McCann, Kenneth L. Tootle of Beaufort, said...

U.S. D.C. rules woman's claim that employer wrongfully committed her not barred by comp exclusivity.
April 14, 2008... Byline: Gregory Froom, Editor An Upstate woman could go forward with her suit against her former employer for allegedly committing her involuntarily to a mental hospital after she confided to her supervisor about emotional troubles, the...

Law School for Non-Lawyers: S.C. lawyers get a taste of academia.(South Carolina )
April 14, 2008... Byline: Diana Smith Lawyers, ever thought about entering academia? The South Carolina Bar may just be able give you a taste of what teaching is all about. Throughout the year, volunteer attorneys across the state can participate in the...

S.C. Supreme Court lets birth mom unravel adoption choice.(South Carolina)
April 14, 2008... Byline: Gregory Froom, Editor A Hilton Head Island birth mother could derail the adoption of her child -- even though state law provided no reflection period for her to change her mind, the Supreme Court ruled April 7. "In the state of...

S.C. Court of Appeals Case Summaries: April 14, 2008.(South Carolina )
April 14, 2008... Byline: South Carolina Lawyers Weekly Staff Civil Medicaid - Undue Hardship Waiver - Nursing Home A son's request for an undue hardship waiver for his mother's nursing home care under the S.C. Medicaid program was properly denied...

S.C. Supreme Court Case Summaries: April 14, 2008.(South Carolina)(Case overview)
April 14, 2008... Byline: South Carolina Lawyers Weekly Staff Parent & Child Adoption - Relinquishment - Involuntary Consent The Family Court properly revoked a woman's consent for adoption, even though state law does not provide for a...

U.S. Court of Appeals 4th Circuit Case Summaries: April 14, 2008.
April 14, 2008... Byline: South Carolina Lawyers Weekly Staff Bankruptcy Discharge Revocation - Ch. 7 - Willful Refusal A Bankruptcy Court miscalculated the level of "intransigence" a Chapter 7 debtor must show to lose her discharge in bankruptcy,...

U.S. District Court Case Summaries: April 14, 2008.
April 14, 2008... Byline: South Carolina Lawyers Weekly Staff Employment Involuntary Commitment - False Imprisonment - Workers' Compensation An employee, whose supervisor instigated her involuntary commitment to a psychiatric hospital, can sue her...

S.C. Lawyers In The News: April 28, 2008.(South Carolina)
April 28, 2008... Byline: South Carolina Lawyers Weekly Staff Briefly Suzanne Hawkins has joined the Barton Law Firm as an associate. A 1997 graduate of the Wake Forest University School of Law, Hawkins previously practiced with Rosen, Rosen & Hagood....

S.C. Supreme Court rules amateur contractor not liable on buyer's faulty stucco claims.(South Carolina)
April 28, 2008... Byline: Gregory Froom, Editor The new owner of a Hilton Head Island house could not recover on her faulty stucco claim against the man who built it because he served as his own general contractor and didn't build the house to sell it, the...

North Charleston woman attacked, tied down at florist's settles civil lawsuit.(Carolina Florist, LLC)
April 28, 2008... Byline: Gregory Froom A woman who was attacked and roped to a chair in a North Charleston flower shop has settled her civil claim against the store and its owners for $150,000. One of the defendants was not only a partner in Carolina...

From J.D. to Deejay in S.C.(South Carolina)
April 28, 2008... Byline: Diana Smith Turn on, tune in, take note: Helping people understand the law has become as simple as turning a dial or clicking a file. It's free radio legal education, and attorneys are doing it with increasing frequency in the...

S.C. Court of Appeals tosses widow's fiduciary duty claim against estate lawyer.(South Carolina)
April 28, 2008... Byline: Gregory Froom A Columbia lawyer could not be held liable for allegedly breaching a fiduciary duty to the widow of a former congressman in a life insurance dispute, the Court of Appeals has ruled in a 2-1 decision. The court...

S.C. Court of Appeals Case Summaries: April 28, 2008.(South Carolina )
April 28, 2008... Byline: South Carolina Lawyers Weekly Staff Criminal Murder - Hearsay - Co- Conspirator The trial judge properly allowed one co-conspirator to testify to another co-conspirator's statement relating to the appellant's own statement...

S.C. Court of Appeals Unpublished Case Summaries: April 28, 2008.(South Carolina)(Case overview)
April 28, 2008... Byline: South Carolina Lawyers Weekly Staff Contract Loan Application - Statute Of Frauds - Breach Of Contract A man alleging he had to seek alternative financing at a higher rate because the bank failed to honor its loan...

S.C. Supreme Court Case Summaries: April 28, 2008.(South Carolina )
April 28, 2008... Byline: South Carolina Lawyers Weekly Staff Attorney Disciplinary Matter Mail Fraud - Guilty Plea - Disbarment An attorney who pled guilty to numerous crimes, including mail fraud, is disbarred from the practice of law in this...

U.S. Court of Appeals 4th Circuit Case Summaries: April 28, 2008.(United States Court of Appeals for the 4th Circuit)
April 28, 2008... Byline: South Carolina Lawyers Weekly Staff Civil Rights Free Speech - Picketing On Public Ways - Prior Notice A plaintiff whose group was asked by police if it had notified the City of Raleigh, N.C., of its intent to picket a...

Verdicts & Settlements April 28, 2008: Judge rules DHEC couldn't block developer.(Department of Health and Environmental Control)
April 28, 2008... Byline: South Carolina Lawyers Weekly Staff Brief statement of claim: Spectre, LLC, planned a commercial development on a tract of land adjacent to Highway 17 in lower Horry County. In order to prepare the site for development, a land...

Verdicts & Settlements April 28, 2008: Developer settles claim with city.
April 28, 2008... Byline: South Carolina Lawyers Weekly Staff Brief statement of claim: The lawsuit was filed in February 2005 under the Fair Housing Act of 1968, 42 U.S.C. Sect. 3601, et seq. The act makes it unlawful to "interfere" with someone who has...

Verdicts & Settlements April 28, 2008: Grocery store held liable for shopper's slip and fall.(Brief article)
April 28, 2008... Byline: South Carolina Lawyers Weekly Staff Type of Action: Slip and fall Principal injuries (in order of severity): Neck was primary injury. Special damages: $147,000 in medical bills Tried or settled: Tried to a verdict ...

Verdicts & Settlements April 28, 2008: Woman settles with florist for attack in shop by sex offender.(Brief article)(Case overview)
April 28, 2008... Byline: South Carolina Lawyers Weekly Staff Brief statement of claim: Plaintiff was violently assaulted when she entered a florist shop. Her assailant was registered sex offender who was a partner in the business with his wife and was...