South Carolina Lawyers Weekly articles from August 2003

South Carolina Lawyers Weekly archives from August 2003

S.C. Lawyers In The News: August 4, 2003.
August 4, 2003... Byline: South Carolina Lawyers Weekly Staff Attorney Ellen Stretcher Cheek has hired on with the Michael Wilkes Law Firm of Spartanburg. Cheek is a 1995 graduate of the Emory University School of Law. She is admitted to practice in Georgia...

S.C. Supreme Court Rules Hospital Not Liable To ER Group For Employee Theft.
August 4, 2003... Byline: Michael Dayton A Laurens County hospital whose employee embezzled from an emergency room medical group was not liable for those losses under an indemnity agreement, the state Supreme Court ruled July 28. The case arose when a...

S.C.-Based Nexsen Pruet Attorneys Graduate From Leadership Program.
August 4, 2003... Byline: South Carolina Lawyers Weekly Staff Three attorneys from the firm Nexsen, Pruet, Jacobs & Pollard, LLC have completed year-long leadership programs in cities across South Carolina. The graduates are Jones Dubose, a member of...

S.C. Supreme Court Reverses JNOV On Products Liability Claim.
August 4, 2003... Byline: Gregory Froom The estate of a Simpsonville mechanic could recover a $500,000 products liability verdict against the manufacturer of the heavy equipment that crushed him to death, the Supreme Court ruled July 28. The high court...

S.C. Supreme Court Case Summaries: August 4, 2003.
August 4, 2003... Byline: South Carolina Lawyers Weekly Staff Attorney Disciplinary Matter Bank Fraud - Guilty Plea - Conflicting Prior Statements Where the respondent, who pled guilty to bank fraud in federal court, argues that his admissions made...

U.S. Court of Appeals 4th Circuit Case Summaries: August 4, 2003.
August 4, 2003... Byline: South Carolina Lawyers Weekly Staff Civil Rights Lawyer's Arrest - Lack Of Probable Cause - Qualified Immunity A police officer that arrested a lawyer who was attempting to assist his client, a neighbor being arrested in...

S.C. Court of Appeals Case Summaries: August 4, 2003.
August 4, 2003... Byline: South Carolina Lawyers Weekly Staff Workers' Compensation Mouth Injury - Pre-existing Oral Disease - Loss of Teeth Where the claimant, whose dentist recommended that his two front teeth be extracted and replaced with a...

S.C. Court Of Appeals Rules Misrepresentations At Hiring Barred Employee's Comp Claim.
August 4, 2003... Byline: Gregory Froom A Columbia hospital security guard who concealed his prior back injuries on his application was not entitled to comp benefits when he hurt his back at work several years after his date of hire, the Appeals Court has...

S.C. Court of Appeals Unpublished Case Summaries: August 4, 2003.
August 4, 2003... Byline: South Carolina Lawyers Weekly Staff Employment Faithless Servant - Retention of Future Stock Options Where the appellant argues that the Master-in-Equity's order was inconsistent because it found the appellant was entitled...

Nelson Mullins Law Firm Continues Growth In North Carolina.
August 11, 2003... Byline: South Carolina Lawyers Weekly Staff Eight prominent attorneys will join Nelson Mullins Riley & Scarborough, L.L.P. in the firm's Raleigh, N.C. office. The attorneys are relocating to Nelson Mullins from Moore & Van Allen's...

S.C. Court of Appeals Unpublished Case Summaries: August 11, 2003.
August 11, 2003... Byline: South Carolina Lawyers Weekly Staff Administrative Waste Tire Facility - Violations Where the Circuit Court affirmed the DHEC Board's reversal of the Administrative Law Judge's finding that the appellant tire recycling...

S.C. Supreme Court Case Summaries: August 11, 2003.
August 11, 2003... Byline: South Carolina Lawyers Weekly Staff Tort Invasion of Privacy by Misappropriation of Personality - Driver's License Where the appellant, in 1999, sued a company that purchased driver's license information in 1998 from the...

S.C. Court Of Appeals Rules Barriers Blocked Man's Prescriptive Easement Claim.
August 11, 2003... Byline: South Carolina Lawyers Weekly Staff A Jasper County landowner who bypassed the barriers a neighbor set up could not establish a prescriptive easement over a private plantation road, the Appeals Court ruled Aug. 4. The reason:...

S.C. Lawyers In The News: August 11, 2003.
August 11, 2003... Byline: South Carolina Lawyers Weekly Staff Attorneys Bill Tinsley and Welborn Adams recently opened the firm of Tinsley and Adams in Greenwood. The firm will focus on real estate law. Both lawyers previously practiced with the McDonald...

Supreme Court Rules Purchase Of Driver's License Photo Not Privacy Invasion.
August 11, 2003... Byline: South Carolina Lawyers Weekly Staff A Greenville woman could not recover on her invasion of privacy claim against a company that purchased her driver's license data for use in a fraud-prevention service, the Supreme Court has ruled....

S.C. Court of Appeals Case Summaries: August 11, 2003.
August 11, 2003... Byline: South Carolina Lawyers Weekly Staff Workers' Compensation Knee Injury - Permanent Disability - Loss of Use Where the claimant injured his left knee by accident arising out of and in the course of his employment as a result...

S.C. Ethics Committee Rules Fired Lawyer Limited To Quantum Meruit Fee.
August 11, 2003... Byline: South Carolina Lawyers Weekly Staff An attorney who was fired by his client before trial may be entitled to a reasonable fee for his share of the work under a joint representation arrangement, the Bar's Ethics Advisory Committee has...

S.C. Court of Appeals Case Summaries: August 11, 2003.
August 11, 2003... Byline: South Carolina Lawyers Weekly Staff Criminal Lewd Act on a Child - Improper Comments Where the solicitor told the jury that the appellant "has had many protections before he gets into this court of law to face you jurors,"...

U.S. Court of Appeals 4th Circuit Case Summaries: August 11, 2003.
August 11, 2003... Byline: South Carolina Lawyers Weekly Staff Administrative Hydroelectric Power - Rate Schedule - Flood Control Act The 4th Circuit reverses a District Court judgment setting aside the defendant utility's rate schedule for the sale...

S.C. Lawyers In The News: August 18, 2003.
August 18, 2003... Byline: South Carolina Lawyers Weekly Staff Attorney Alex Cash has been elected to the 2003-2004 Board of Governors for the South Carolina Trial Lawyers Association. Cash practices with the firm Rosen, Rosen & Hagood in Charleston. He...

Battling Tort Reform Key Goal For New S.C. Trial Lawyers Leader.
August 18, 2003... Byline: Gregory Froom Answering the challenge posed by a pending tort reform package tops the agenda of the incoming president of the South Carolina Trial Lawyers Association, Luther J. Battiste III. "That is number one on my agenda,...

S.C. Supreme Court Case Summaries: August 18, 2003.
August 18, 2003... Byline: South Carolina Lawyers Weekly Staff Attorney Disciplinary Matter Admitted Misconduct - Agreement for Discipline by Consent - Disbarment Where the respondent admitted misconduct for misappropriating client funds and...

U.S. Court of Appeals 4th Circuit Case Summaries: August 18, 2003.
August 18, 2003... Byline: South Carolina Lawyers Weekly Staff Administrative Commodity Futures Trading - Reparation Action Although an investor who filed two separate reparations actions against the respondent investment company with the Commodity...

S.C. Attorney John Roy Harper II Dies At 63.
August 18, 2003... Byline: South Carolina Lawyers Weekly Staff Attorney John Roy Harper II died July 27 at Palmetto Richland Memorial Hospital after a battling lung cancer for several months. He was 63 years old. Harper was born in Greenwood, but grew up...

S.C. Court of Appeals Case Summaries: August 18, 2003.
August 18, 2003... Byline: South Carolina Lawyers Weekly Staff Criminal Murder - Criminal Sexual Conduct - Reasonable Doubt Charge Where the PCR court found that the trial judge violated the respondent's constitutional right of due process when he...

S.C. Court Of Appeals Awards Employee Comp Benefits For 'Repetitive Trauma' To Back.
August 18, 2003... Byline: Michael Dayton Even though a hospital employee complained of back problems as early as 1997, a workers' compensation claim he filed in December 2000 was not time-barred, the Court of Appeals has ruled. The employee lifted...

Supreme Court Rules Prenup Not Unconscionable Despite Wife's Poor Health.
August 18, 2003... Byline: Gregory Froom A Sumter County wife's prenuptial waiver of alimony, support and attorney's fees was not void for unconscionability, the Supreme Court ruled Aug. 11. This is true, the court said, even though the wife suffered...

S.C. Supreme Court Case Summaries: August 25, 2003.
August 25, 2003... Byline: South Carolina Lawyers Weekly Staff Civil Practice Real Estate Closings - Refinancing - Unauthorized Practice of Law Where an attorney petitioned this court to determine whether his business association with a lender bank...

U.S. Court of Appeals 4th Circuit Case Summaries: August 25, 2003.
August 25, 2003... Byline: South Carolina Lawyers Weekly Staff Civil Rights First Amendment - Establishment Clause - Prayer - College Meal In this suit involving a successful challenge by the plaintiff cadets to the constitutionality of a prayer...

S.C. Workers' Compensation Court Case Summaries: August 25, 2003.
August 25, 2003... Byline: South Carolina Lawyers Weekly Staff Workers' Compensation Upper Body Injuries - Bilateral Carpel Tunnel Syndrome Where the claimant, whose job involved winding and packaging material, overhead work and repetitive and...

South Carolina Disciplinary Counsel's Caseload Up, But Backlog Of Complaints Shrinking.
August 25, 2003... Byline: Michael Dayton Complaints against lawyers increased by 8 percent in the past fiscal year, according to the latest annual report from the state Commission on Lawyer Conduct. The commission received 1,233 complaints in fiscal...

Supreme Court Rules Visitation Order For Grandparents Violated Parents' Due Process Rights.
August 25, 2003... Byline: Gregory Froom The grandparents of three Horry County children were not entitled to visitation over the objections of the children's parents -- even though the Family Court said it was in the children's best interest, the Supreme...

S.C. Court of Appeals Unpublished Case Summaries: August 25, 2003.
August 25, 2003... Byline: South Carolina Lawyers Weekly Staff Administrative Tanning Facility - Violations - Civil Penalty - Reduction Where: (1) DHEC issued an administrative order against the appellants for violating certain regulatory...

S.C. Court Of Appeals Rules Issue Preclusion Barred Employee's Retaliatory Termination Claim.
August 25, 2003... Byline: Gregory Froom A Greenwood factory worker who was fired six months after he reported a manager's ethnic slur could not recover against his employer for allegedly breaching a promise to keep that report confidential, the Appeals...

S.C. Court Of Appeals Rules Landlord Not Liable For Dog Bite At Tenant's Apartment.
August 25, 2003... Byline: Gregory Froom A Greenville County woman who was attacked by a tenant's dog while she was visiting a neighbor's apartment could not recover on her claim against the landlord, the Court of Appeals has ruled. The landlord owed the...