South Carolina Lawyers Weekly articles from August 2005

South Carolina Lawyers Weekly archives from August 2005

South Carolina Bar Ethics Advisory Opinion: May 10, 2005.
August 1, 2005... Byline: South Carolina Lawyers Weekly Staff Upon the request of a member of the South Carolina Bar, the Ethics Advisory Committee has rendered this opinion on the ethical propriety of the inquirer's contemplated conduct. This Committee has...

Workers' Compensation Court Case Summaries: Aug. 1, 2005.
August 1, 2005... Byline: South Carolina Lawyers Weekly Staff Workers' Compensation Multiple Injuries - Going and Coming Rule - Sole Proprietor Where the claimant sole proprietor alleges he suffered multiple injuries when he was involved in a motor...

S.C. Court of Appeals Unpublished Case Summaries: Aug. 1, 2005.
August 1, 2005... Byline: South Carolina Lawyers Weekly Staff Criminal Voluntary Manslaughter - Violation of Right to Counsel Where the appellant, who argues the trial court erred in admitting evidence of two statements he made in front of a...

Workers' Compensation Commission rules claimant could get workers' comp under going & coming rule.(Mitchum v. Mitchum Well Drilling and Amcomp Assurance Corp.)
August 1, 2005... Byline: Gregory Froom The owner of a Moncks Corner well drilling company could recover workers' comp benefits for an early morning accident even though it happened on his way home from a job site, the Workers' Compensation Commission has...

Ethics Committee: Lawyers may advertise affiliation with title insurers.
August 1, 2005... Byline: Gregory Froom A lawyer may advertise his affiliation with a title insurance agency on his firm's Web site and in his printed materials, according to a recently issued ethics ruling. The ethics advisory opinion marks an...

Negligent employment verdict stands despite man's fault in other claims.(Longshore v. Saber Security Services Inc. and Shafer)
August 1, 2005... Byline: Gregory Froom The Appeals Court has upheld an $800,000 verdict for a man who was shot by a security guard outside a party at the Laurens County armory. According to the July 25 decision, the verdict on the plaintiff's negligent...

U.S. Court of Appeals 4th Circuit Case Summaries: Aug. 1, 2005.
August 1, 2005... Byline: South Carolina Lawyers Weekly Staff Attorneys Fees - Unresolved Claim - Final Decision A claim for legal fees based on a contractual provision that is not limited to expenses incurred during the underlying litigation is an...

S.C. Supreme Court Case Summaries: Aug. 1, 2005.
August 1, 2005... Byline: South Carolina Lawyers Weekly Staff Attorney Disciplinary Matter Admitted Misconduct - Public Reprimand Where the respondent admitted misconduct in connection with various matters, we accept the agreement for discipline by...

S.C. Court of Appeals Case Summaries: Aug. 1, 2005.
August 1, 2005... Byline: South Carolina Lawyers Weekly Staff Arbitration Motion to Compel - Intertwining Doctrine Where the appellants argue the trial court erred in denying its motions to compel arbitration based on its finding that "the...

S.C. Supreme Court rules teacher's employment terminable at will despite contract.(Cape v. Greenville County School Dist.)
August 8, 2005... Byline: Gregory Froom A Greenville County special education teacher could not prevail on her breach of contract claim against the school district even though her "at-will" agreement was for a specific term, the Supreme Court has ruled....

S.C. Bar's IP committee chair says technology is reshaping Upstate's legal market.(Interview)
August 8, 2005... Byline: South Carolina Lawyers Weekly Staff The electronic filing of patents and trademarks has marked a "big move" in the intellectual property field, says Greenville attorney Sara A. Centioni, the incoming chair of the State Bar's IP and...

S.C. Supreme Court rules expert's affidavit failed standard of care test.(David v. McLeod Regional Medical Center)
August 8, 2005... Byline: GREGORY FROOM The high court has upheld summary judgment for two Florence physicians on a patient's claims that they were negligent in removing part of her lung based on an erroneous preliminary biopsy report. The plaintiff's...

Real estate law firm of Buist, Byars, Pearce & Taylor, LLC adds office in North Charleston.(Brief Article)
August 8, 2005... Byline: South Carolina Lawyers Weekly Staff Buist, Byars, Pearce & Taylor, LLC, a regional real estate law firm, has added a new office in North Charleston. The location is the firm's third new office in just more than a year and its...

Greenville County Probate Court overview slated for Sept. 30.
August 8, 2005... Byline: South Carolina Lawyers Weekly Staff An overview of the Probate Court rules and procedures for the Greenville County Probate Court has been scheduled for Sept. 20 in the Greenville County Probate Courtroom at 301 University Ridge,...

S.C. Court of Appeals rules women identified as 'listed driver' not entitled to UIM benefits.(underinsured motorist)
August 8, 2005... Byline: MICHAEL DAYTON Even though an auto policy did not define a "driver listed on the vehicle," a woman who was identified that way on the declaration sheet was not entitled to underinsured motorist benefits, the Court of Appeals has...

S.C. Lawyers in the News: August 8, 2005.(South Carolina )(appointments)(Brief Article)
August 8, 2005... Byline: South Carolina Lawyers Weekly Staff Cari Hicks, an attorney with the firm of Leatherwood Walker Todd & Mann, P.C., was recently elected to serve in the South Carolina Bar house of delegates when the Bar's board of governors decided...

Charleston School of Law selected by judicial assn. to publish Federal Courts Law Review.(Federal Magistrate Judges Association)(Brief Article)
August 8, 2005... Byline: South Carolina Lawyers Weekly Staff The Charleston School of Law has been selected by the Federal Magistrate Judges Association to publish the print copy of the Federal Courts Law Review, according to the association president, U.S....

Guilty plea by former Carolina Investors vice president expected to help prosecutors.
August 8, 2005... Byline: South Carolina Lawyers Weekly Staff The guilty plea last month by former Carolina Investors Vice President Anne Owen should help prosecutors get deeper into what caused the company to go bankrupt, Attorney General Henry McMaster...

U.S. Court of Appeals 4th Circuit Case Summaries: August 8, 2005.
August 8, 2005... Byline: South Carolina Lawyers Weekly Staff Civil Rights Parade Permit - Small Groups - Sunday Ban Provisions in a South Carolina city parade ordinance that require a permit for small gatherings of two or three, and that ban Sunday...

S.C. Family Court Case Summaries: August 8, 2005.
August 8, 2005... Byline: South Carolina Lawyers Weekly Staff Criminal Burglary - Self- Incriminating Statements - Admission Where the appellant argues the trial court erred in admitting both his oral and written statements because he had not been...

S.C. Circuit Court Case Summaries: August 8, 2005.
August 8, 2005... Byline: South Carolina Lawyers Weekly Staff Banks and Banking Jury Charge - Independent Contractor - Attorney Misconduct Where the appellant bank, who was sued by the respondent for being grossly negligent in its conduct regarding...

U.S. C.A. 4th Cir. Unpublished Case Summaries: August 8, 2005.(Brief Article)
August 8, 2005... Byline: South Carolina Lawyers Weekly Staff Workers' Compensation Multiple Injuries - Going and Coming Rule - Sole Proprietor Where the claimant sole proprietor alleges he suffered multiple injuries when he was involved in a motor...

U.S. Court of Appeals says Army nurse could reopen appeal of job termination.
August 15, 2005... Byline: Gregory Froom A former Fort Jackson nursing assistant could reopen the appeal of his termination based on corrected paperwork submitted after the close of evidence, the U.S. Court of Appeals for the Federal Circuit has ruled in an...

S.C. Bar announces 2005-2006 section council members.(South Carolina Bar)(appointments)
August 15, 2005... Byline: South Carolina Lawyers Weekly Staff The South Carolina Bar has named its 2005-2006 section council members. The newly appointed members are listed by geographical region: Aiken Area * Barbara R. Morgan of the 2nd Circuit...

U.S. Court of Appeals 4th Circuit Case Summaries: August 15, 2005.
August 15, 2005... Byline: South Carolina Lawyers Weekly Staff Employment Discrimination Title VII - Race - CIA Operative - 'State Secrets Doctrine' A Title VII race discrimination suit filed by an African-American operations officer in the CIA's...

U.S. Court of Appeals 4th Cir. Unpublished Case Summaries: August 15, 2005.
August 15, 2005... Byline: South Carolina Lawyers Weekly Staff Employment Probationary Employee - Jurisdiction Where the petitioner, who was employed as a nursing assistant at an Army hospital, seeks review of the final decision of the Merit Systems...

S.C. Supreme Court Case Summaries: August 15, 2005.
August 15, 2005... Byline: South Carolina Lawyers Weekly Staff Licenses and Permits Scope of Court's Authority - Order Issuance Where the petitioner, who contends the Administrative Law Court engaged in closed, interlocutory reviews of the Board of...

S.C. Court of Appeals Case Summaries: August 15, 2005.(South Carolina )
August 15, 2005... Byline: South Carolina Lawyers Weekly Staff Contract Machinery Buy- Back Option - Different Corporate Names Where: (1) Mr. Vickory entered into a sub-license contract with the respondent Englert Inc. on behalf of his company,...

S.C. Court of Appeals Unpublished Case Summaries: August 15, 2005.(South Carolina)
August 15, 2005... Byline: South Carolina Lawyers Weekly Staff Parent and Child Termination of Parental Rights - Failure to Support Where the Family Court terminated the appellant mother's parental rights to her three children, this was proper since...

S.C. Workers' Compensation Court Case Summaries: August 15, 2005.(South Carolina)
August 15, 2005... Byline: South Carolina Lawyers Weekly Staff Workers' Compensation Back Injury - Temporary Total Disability Where the claimant alleges he injured his back while attempting to lift a lazer out of a lagoon area at work, the appellate...

Greenville law firm attorneys listed in Chambers USA.(Wyche law firm )(Brief Article)
August 22, 2005... Byline: South Carolina Lawyers Weekly Staff The Wyche law firm has been named a leading law firm in corporate law, mergers and acquisitions and commercial litigation in South Carolina in the 2005 edition of Chambers USA America's Leading...

Financial Financial services attorney joins Haynsworth Sinkler Boyd, P.A. in Columbia.( Kathleen Goodpasture Smith )
August 22, 2005... Byline: South Carolina Lawyers Weekly Staff Attorney Kathleen Goodpasture Smith has joined the Columbia office of Haynsworth Sinkler Boyd, P.A. Smith will be of counsel in the areas of financial services and banking, and she will also...

U.S. Court of Appeals 4th Circuit Case Summaries: Aug. 22, 2005.
August 22, 2005... Byline: South Carolina Lawyers Weekly Staff Civil Rights Constitutional - Establishment Clause - School Pledge A Loudoun County public school that provides for daily, voluntary recitation of the Pledge of Allegiance does not...

S.C.'s oldest practicing attorney dies at 94 years of age.(South Carolina )(Obituary)
August 22, 2005... Byline: South Carolina Lawyers Weekly Staff Henry Hammer, the oldest practicing attorney in South Carolina who was also known for a landmark 1958 U.S. Supreme Court decision, died Aug. 4. He was 94. The Columbia native worked until...

Jonathan D. Hammond rejoins Greenwood law firm.(Brief Article)
August 22, 2005... Byline: South Carolina Lawyers Weekly Staff Jonathan D. Hammond has rejoined the firm of Leatherwood Walker Todd & Mann, P.C. as an associate attorney. Hammond will practice in the areas of insurance and tort litigation, products liability...

S.C. Supreme Court Case Summaries: Aug. 22, 2005.
August 22, 2005... Byline: South Carolina Lawyers Weekly Staff Arbitration Arbitrator Selection - Injunction - Immunity Where the parties disagreed as to which set of American Arbitration Association rules were applicable, the trial court improperly...

Workers' Compensation Court Case Summaries: Aug. 22, 2005.
August 22, 2005... Byline: South Carolina Lawyers Weekly Staff Workers' Compensation Multiple Injuries - Employee/Independent Contractor Where the claimant alleges he suffered a compensable injury by accident when he ran off the road while...

S.C. Supreme Court rules internal railroad safety policies admissible despite federal regs.(Peterson v. National Railroad Passenger Corp.)
August 29, 2005... Byline: South Carolina Lawyers Weekly Staff Evidence that Amtrak and CSX deviated from their own safety policies regarding ballast maintenance at the scene of a Lake City derailment was admissible even though federal regulations set the...

Ethics committee okays joint marketing plan between Georgia firm, South Carolina lawyer.(Brief Article)
August 29, 2005... Byline: South Carolina Lawyers Weekly Staff A joint marketing arrangement between a Georgia law firm and a Palmetto State lawyer to provide incorporation services here would pass ethical muster so long as all legal advice comes from the...

EEOC judge rules for worker in Title VII suit against Transportation Security Administration.(Equal Employment Opportunity Commission)(Carmody v. Chertoff, Secretary, Department of Homeland Security (South Carolina Lawyers Weekly No. 009-004-05)
August 29, 2005... Byline: South Carolina Lawyers Weekly Staff A retired post office official who was offered a job as an airport security screener only to have the Transportation Security Administration drop the ball during the hiring process has been...

U.S. Court of Appeals 4th Circuit Case Summaries: August 29, 2005.(Soliman v. Gonzales)(Mudd v. Barnhart)
August 29, 2005... Byline: South Carolina Lawyers Weekly Staff Immigration Removal Order - Aggravated Felony - Credit Card Fraud An Egyptian national can overturn a decision of the Board of Immigration Appeals ordering her removal to Egypt based on a...

S.C. Circuit Court Case Summaries: August 29, 2005.(Croft v. Old Republic Ins. Co.)(Peterson v. National Railroad Passenger Corp.)(Anderson v. The Augusta Chronicle)
August 29, 2005... Byline: South Carolina Lawyers Weekly Staff Insurance Underinsured Motorist Coverage Provisions - Commercial Insured Where we accepted four questions certified by the United States District Court for South Carolina pursuant to Rule...

S.C. Family Court Case Summaries: August 29, 2005.(South Carolina)
August 29, 2005... Byline: South Carolina Lawyers Weekly Staff Contract Mechanic's Lien - Bond - Personal Judgment Where the appellant construction company appeals the trial court's order denying its request for disbursement of funds from a...

U.S. Court of Appeals 4th Cir. Unpublished Case Summaries: August 29, 2005.
August 29, 2005... Byline: South Carolina Lawyers Weekly Staff Workers' Compensation Multiple Injuries - Claim Denial Where the claimant alleges he injured his chest, back and both arms when he fell off the back of a tractor after checking the...

S.C. Court of Appeals Case Summaries: August 29, 2005.(South Carolina )
August 29, 2005... Byline: South Carolina Lawyers Weekly Staff Employment Discrimination - Equitable Relief - Compensatory Damages Where the complainant sued the Department of Homeland Security Agency, alleging he was discriminated against in...

S.C. Supreme Court rules against Augusta newspaper.(South Carolina)(case for libel and slander)
August 29, 2005... Byline: South Carolina Lawyers Weekly Staff A former House candidate can ask a jury to decide whether he should be awarded damages in a libel lawsuit against a newspaper, the South Carolina Supreme Court ruled in an unanimous opinion Aug....

S.C. Lawyers in the News: August 29, 2005.(South Carolina )(appointment)(Brief Article)
August 29, 2005... Byline: South Carolina Lawyers Weekly Staff Marguerite S. Willis, an attorney with Nexsen Pruet, LLC in Columbia, has been appointed to a four-year term as a trustee of Columbia College. Willis practices in the area of commercial...

S.C. Supreme Court rules insurer had to make meaningful offer of UIM in commercial policy.(South Carolina)(underinsured motorist coverage)
August 29, 2005... Byline: South Carolina Lawyers Weekly Staff Insurers must make a meaningful offer of underinsured motorist coverage even when selling policies to sophisticated corporations that have repeatedly rejected the optional coverage, the Supreme...

Two Charleston lawyers, former college provost to join Charleston School of Law faculty.
August 29, 2005... Byline: South Carolina Lawyers Weekly Staff Two Charleston lawyers and a former College of Charleston provost are the latest to join the faculty at the Charleston School of Law, Dean Richard Gershon announced earlier this month. ...

Collins & Lacy law firm in Columbia announces addition of Christopher Adams.(Brief Article)
August 29, 2005... Byline: South Carolina Lawyers Weekly Staff Attorney Christopher Adams has joined the law firm of Collins & Lacy in Columbia. Adams will focus his practice on civil litigation; construction and transportation law; insurance and criminal...

More gay and lesbian activists in S. C. donating to politicians.(South Carolina )
August 29, 2005... Byline: South Carolina Lawyers Weekly Staff Gay and lesbian activists in South Carolina have begun contributing more money to politicians who support them, signaling a growth among gay and lesbian groups. Since January, nine prominent...

Full text of S. C. Ethics Advisory Committee's opinion 05-12.
August 29, 2005... Byline: South Carolina Lawyers Weekly Staff Upon the request of a member of the South Carolina Bar, the Ethics Advisory Committee has rendered this opinion on the ethical propriety of the inquirer's contemplated conduct. This Committee has...