South Carolina Lawyers Weekly articles from August 2006

South Carolina Lawyers Weekly archives from August 2006

Receiver for companies involved in Ponzi scheme couldn't sue bank.(Tracy Calvin Dunlap Jr., Elfindepan, RHBT Financial Corp. )
August 7, 2006... Byline: Gregory Froom The receiver for two businesses that allegedly ran fraudulent investment schemes could not recover on tort claims against the Rock Hill bank that handled the organizations' accounts, the Appeals Court ruled July 31....

S.C. Court of Appeals Case Summaries: August 7, 2006.
August 7, 2006... Byline: South Carolina Lawyers Weekly Staff Banks and Banking Receiver - Breach Of Fiduciary Duty - In Pari Delicto Where the SEC sued a corporation and others, alleging they defrauded investors, and appointed the appellant as the...

S.C. Court of Appeals Unpublished Case Summaries: August 7, 2006.
August 7, 2006... Byline: South Carolina Lawyers Weekly Staff Parent & Child Abuse and Neglect - Merits Removal Hearing Where the appellant mother seeks to challenge the initial merits order which found she had physically abused and neglected her...

U.S. Court of Appeals 4th Circuit Case Summaries: August 7, 2006.
August 7, 2006... Byline: South Carolina Lawyers Weekly Staff Civil Rights Prison Conditions - PLRA - 'Three Strikes' - Failure To Exhaust A prisoner whose civil rights lawsuit alleging deliberate indifference to a serious medical need was...

Verdicts & Settlements August 7, 2006: Darlington landowners win verdict in easement dispute.
August 7, 2006... Byline: South Carolina Lawyers Weekly Staff $540,000 Verdict In August 2002, Progress Energy Corporation notified Dr. Pickens K. Moyd Sr. that it intended to run a high-voltage power line through his family's farm in Darlington County....

Verdicts & Settlements August 7, 2006: Man settles claim over tub fire caused by candle.
August 7, 2006... Byline: South Carolina Lawyers Weekly Staff $2 Million Settlement Tub fire in manufactured home caused by candle. Principal injuries (in order of severity): Burns and lung damage due to toxic smoke Tried or settled: Settled...

BlogWatch: The Paperless Office?
August 7, 2006... Byline: DAVID SWANNER July 27, 2006 Going To A Paperless Law Office In a recent discussion on scanning and going paperless, John Powers of Powers & Santola in Albany, NY had such terrific input that I had to share it. Take it...

American Law Institute names Frank S. Holleman as member.(Brief article)
August 7, 2006... Byline: South Carolina Lawyers Weekly Staff Greenville attorney Frank S. Holleman III has been elected to membership in the American Law Institute. Holleman is a member of the firm of Wyche Burgess Freeman & Parham, P.A. Members...

Nancy Zisk named associate dean for academic affairs at Charleston School of Law.(Brief article)
August 7, 2006... Byline: South Carolina Lawyers Weekly Staff Law professor Nancy Zisk has been named associate dean for academic affairs at the Charleston School of Law. "Nancy Zisk has already been recognized for outstanding teaching and her...

Kaye Keefe Mullinax elected president of Palmetto Paralegal Association.(Brief article)
August 7, 2006... Byline: South Carolina Lawyers Weekly Staff Sowell Gray Stepp & Laffitte senior litigation paralegal Kaye Keefe Mullinax, A.A.C.P., has been elected president of Palmetto Paralegal Association, Inc. for 2007. Mullinax has worked as a...

McAngus Goudelock & Courie lawyer relocates to upstate.(Doc Morgan, Maggie Fawcett )
August 7, 2006... Byline: South Carolina Lawyers Weekly Staff Doc Morgan has moved to McAngus Goudelock & Courie, LLC's Greenville office. Morgan practices in the areas of litigation, including personal injury, bad faith/arson and insurance fraud,...

Man injured in bathtub fire settles with tub and mobile home companies.(Tony A. Holmes, Clayton Homes Inc., Better Bath Components Inc.)
August 7, 2006... Byline: Michael Dayton A mobile home owner who was seriously injured when a candle set his bathtub on fire has settled a federal lawsuit for $2 million[cedilla] Lawyers Weekly has learned. The crux of the plaintiff's case was that the...

New dean to concentrate on USC law's human and physical assets.(Walter F. "Jack" Pratt Jr., University of South Carolina School of Law)
August 7, 2006... Byline: Gregory Froom Reconstructing the University of South Carolina law school's outdated facility is just one facet of the larger focus for the institution's new leader. Dean Walter F. "Jack" Pratt Jr. wants to concentrate on...

S.C. Bar announces 2006-2007 section council members.
August 14, 2006... Byline: South Carolina Lawyers Weekly Staff The South Carolina Bar named its 2006-2007 section council members last month. The following attorneys from the across the state have been appointed. Aiken Area * Barbara R. Morgan of...

SC Supreme Court rules workers with shoulder injury not limited to comp benefits for arm.
August 14, 2006... Byline: Michael Dayton Employees who tear their rotator cuffs on the job can recover workers' comp benefits for a shoulder injury beyond the scheduled amount for the loss of an arm, the state Supreme Court has ruled. The first...

New SC Trial Lawyers Assn. president predicts more tort reform initiatives at Statehouse.
August 14, 2006... Byline: Gregory Froom Though he hopes for a tranquil legislative session during his term, the incoming president of the South Carolina Trial Lawyers Association said he anticipates that an overhaul of the workers' comp system and more tort...

SC trial lawyers seminar: revised advertising rules should concern defense firms, not just plaintiff.
August 14, 2006... Byline: Gregory Froom Even though practitioners in defense firms may not view themselves as "advertising lawyers," they still need to pay close attention to recent revisions to ethics rules on marketing. That was the message of a...

SC Appeals Court rules will should be enforced despite testator's eccentricities.
August 14, 2006... Byline: Gregory Froom An eccentric Georgetown County man who lived for years in crude conditions did not lack testamentary capacity -- even though he had been diagnosed as mentally ill and had an appointed guardian, the Appeals Court ruled...

S.C. Court of Appeals Case Summaries: August 14, 2006.
August 14, 2006... Byline: South Carolina Lawyers Weekly Staff Licenses & Permits Certificate of Need - Standing Where: (1) the appellant and respondent both operate nursing facilities; (2) the respondent was granted a certificate of need by DHEC...

S.C. Supreme Court State Summaries: August 14, 2006.
August 14, 2006... Byline: South Carolina Lawyers Weekly Staff Criminal Murder - Involuntary Manslaughter - Jury Charge Where the Court of Appeals held the respondent/petitioner was entitled to an involuntary manslaughter jury instruction, this was...

U.S. Court of Appeals 4th Circuit Case Summaries: August 14, 2006.
August 14, 2006... Byline: South Carolina Lawyers Weekly Staff Administrative FTC - 'Fencing- In' Order - Direct-Response Advertiser Based on the petitioner Telebrands' nationwide marketing of the "Ab Force," an electronic muscle stimulation...

S.C. Lawyers in the News: August 21, 2006.
August 21, 2006... Byline: South Carolina Lawyers Weekly Staff Greenville Attorney James L. Rogers Jr., a shareholder at Leatherwood Walker Todd & Mann, P.C., has been named one of the Best Lawyers International in finance in the Latin American region and...

Echols named of counsel with Hamilton, Martens, Ballou & Sipe, LLC firm in Rock Hill.(Chad Echols appointed)(Brief article)
August 21, 2006... Byline: South Carolina Lawyers Weekly Staff Chad Echols has become associated as of counsel in the Rock Hill firm of Hamilton, Martens, Ballou & Sipe, LLC. Echols is vice president and general counsel for Williams & Fudge, Inc.,...

Charleston attorney selected for Leadership South Carolina.(Mary L. "Molly" Hughes)(Brief article)
August 21, 2006... Byline: South Carolina Lawyers Weekly Staff Attorney Mary L. "Molly" Hughes, a member in Nexsen Pruet's Charleston office, has been chosen for the 2007 class of Leadership South Carolina. Hughes concentrates her practice in the areas...

N.C. COA vacates malicious prosecution verdict against company that had worker arrested continued.
August 21, 2006... Byline: Gregory Froom The Appeals Court has upset a $175,000 verdict for the former manager of a Midlands fried chicken restaurant who claimed the company maliciously pursued a criminal claim against her. The case stemmed from a 2003...

U.S. District Court rules products liability suit over heart device couldn't be removed.
August 21, 2006... Byline: Gregory Froom A South Carolina man's lawsuit over an allegedly defective heart defibrillator has been sent back to state court after a federal judge held that the defendant could not remove the case. The reason: complete...

S.C. Supreme Court rules center owed duty to mentally disabled woman.
August 21, 2006... Byline: GREGORY FROOM A Columbia home for mentally disabled adults owed a duty of care to a retarded resident who claimed that she was raped while staying at the center, the Supreme Court ruled in a first-impression decision. A common...

S.C. Court of Appeals Case Summaries: August 21, 2006.
August 21, 2006... Byline: South Carolina Lawyers Weekly Staff Civil Malicious Prosecution - Abuse Of Process - Breach Of Trust Where the respondent sued the appellant restaurant for malicious prosecution after she admittedly took money from the...

S.C. Supreme Court Case Summaries: August 21, 2006.
August 21, 2006... Byline: South Carolina Lawyers Weekly Staff Criminal Sexual Abuse - Hearsay - Ineffective Assistance Of Counsel Where the state contends that the PCR court erred in finding that counsel was ineffective for failing to object to the...

U.S. Court of Appeals 4th Circuit Case Summaries: August 21, 2006.
August 21, 2006... Byline: South Carolina Lawyers Weekly Staff Administrative Black Lung Benefits - Limitations - Diagnosis Notice In this black lung case, the Benefits Review Board erred in upholding an Administrative Law Judge's decision that the...

U.S. District Court Case Summaries: August 21, 2006.
August 21, 2006... Byline: South Carolina Lawyers Weekly Staff Tort Defibrillator - Defective Design - Removal Where the plaintiffs sued the non-resident defendant manufacturer and two other defendants located in South Carolina for various causes of...

South Carolina Lawyers in the News: August 28, 2006.(Jeffrey T. Allen joins McNair Law Firm, P.A.)(Tracy Thompson Vann joins Hamilton, Martens, Ballou & Sipe, LLC )(Brief article)
August 28, 2006... Byline: South Carolina Lawyers Weekly Staff Jeffrey T. Allen has joined McNair Law Firm, P.A. as an associate in its Columbia office. His areas of practice will be taxation and economic development. Allen graduated from the University of...

S.C. Black Lawyers' Summit Set For Sept. 28-30.(South Caolina Black Lawyers' Association)(Brief article)
August 28, 2006... Byline: South Carolina Lawyers Weekly Staff The S.C. Black Lawyers' Association will hold its summit and retreat Sept. 28-30 at the Charleston Riverview Hotel in Charleston. The retreat opens at the Gallery Chuma Thursday, Sept. 28,...

William D. Britt selected for Leadership Columbia.(Brief article)
August 28, 2006... Byline: South Carolina Lawyers Weekly Staff William D. Britt Jr., an attorney in Nexsen Pruet's Columbia office, has been selected for the 2006-2007 class of Leadership Columbia. Britt practices primarily in the areas of commercial...

Clarence Davis named to Palmetto Economic Development Board.(Santee Cooper Power)(Brief article)
August 28, 2006... Byline: South Carolina Lawyers Weekly Staff Santee Cooper has appointed Clarence Davis, a partner in Nelson Mullins Riley & Scarborough's Columbia office, as one of its four representatives on the Palmetto Economic Development Board. ...

R. Bruce Shaw named chair of South Carolina Trial Lawyers Group.(American College of Trial Lawyers selects)(Brief article)
August 28, 2006... Byline: South Carolina Lawyers Weekly Staff The American College of Trial Lawyers has selected Nelson Mullins Riley & Scarborough partner R. Bruce Shaw as chair of the South Carolina State Committee. Shaw will serve a one-year term as...

William J. Cook, Kevin R. Eberle join Charleston School of Law faculty.(Brief article)
August 28, 2006... Byline: South Carolina Lawyers Weekly Staff Charleston lawyers William J. Cook and Kevin R. Eberle will teach during the 2006-2007 academic year at the Charleston School of Law, the school has announced. Cook will serve as a visiting...

Justices revive suit over fiber optics on electricity easements.(Gressette et al. v. South Carolina Electric and Gas Co.)(Case overview)
August 28, 2006... Byline: Gregory Froom A lawsuit filed by South Carolina landowners over fiber optic lines that were installed on electricity easements could go forward, the Supreme Court ruled Aug. 21. The plaintiffs argued that the fiber optic cables...

Faulty cruise control results in $18M verdict against Ford.(Watson and Carter v. Ford Motor Co.)(Case overview)
August 28, 2006... Byline: South Carolina Lawyers Weekly Staff A products liability suit over a Ford Explorer that crashed on Interstate 385 after the cruise control malfunctioned has resulted in an $18 million verdict against the SUV's manufacturer. A...

Coach's retaliation claim could go forward on First Amendment issue.
August 28, 2006... Byline: Gregory Froom A teacher who lost his coaching duties after he complained that the Greenwood School District discriminated against female athletes has had his First Amendment claims reinstated by the Fourth Circuit U.S. Court of...

State kept insufficient records of problems with breath test machines.
August 28, 2006... Byline: Michael Dayton The failure of state officials to keep detailed records on the DataMaster machines used in DUI stops has been called into question in an Aug. 21 opinion. There are 158 DataMaster machines in use at 117 sites...

S.C. Supreme Court Case Summaries: August 28, 2006.
August 28, 2006... Byline: South Carolina Lawyers Weekly Staff Criminal DUI - Breath Test - Suppression Of Evidence Where the trial judge found that the failure to keep the required records at the site of the testing mandated suppression of the...

U.S. Court of Appeals 4th Circuit Case Summaries: August 28, 2006.
August 28, 2006... Byline: South Carolina Lawyers Weekly Staff Criminal Sentencing - Restitution - Appeal Waiver A chiropractor convicted of mail fraud and health care fraud conspiracy based on a fraudulent billing scheme cannot appeal a District...

U.S. C.A. 4th Cir. Unpublished Case Summaries: August 28, 2006.
August 28, 2006... Byline: South Carolina Lawyers Weekly Staff Employment Title IX - Retaliation - Private Right of Action Where the appellant basketball coach sued a school and school officials, alleging his contract was not renewed based on his...

U.S. District Court Case Summaries: August 28, 2006.
August 28, 2006... Byline: South Carolina Lawyers Weekly Staff Employment Discrimination - Motion To Dismiss Where the plaintiff sued a school district and various individuals for violating Title VII of the Civil Rights Act of 1964, the District...

Verdicts & Settlements August 28, 2006: Motorist Wins Verdict Against Ford.
August 28, 2006... Byline: South Carolina Lawyers Weekly Staff $18 Million Verdict Products liability. Principal injuries (in order of severity): Death and paralysis. Special damages: n/a Tried or settled: Tried County where tried or...