South Carolina Lawyers Weekly articles from August 2007

South Carolina Lawyers Weekly archives from August 2007

South Carolina Lawyers in the News: August 6, 2007.
August 6, 2007... Byline: South Carolina Lawyers Weekly Staff McAngus Goudelock & Courie adds two lawyers Attorneys Jenna Micklash and Ann Goulding have joined the law firm of McAngus Goudelock & Courie, LLC. Micklash will practice in the firm's...

Firms should review their employment practices, Charleston lawyer warns.(attorney Shawn D. Wallace)
August 6, 2007... Byline: Gregory Froom Just like their corporate clients, law firms face exposure to litigation from their employees -- and firms would be well advised to make sure their own houses are in order to minimize the risk. That cautionary...

S.C. Appeals Court says judgment didn't lose effect despite enforcement order after expiration.(South Carolina)
August 6, 2007... Byline: Gregory Froom A Lancaster County judgment remained alive, even though an order to execute and levy was not entered until one day after the 10-year limitations period had expired, the Appeals Court has ruled in a first-impression...

Legal OnRamp reduces costs for legal work through information sharing.
August 6, 2007... Byline: Dick Dahl, Dolan Media Newswire Many small law firms have the capacity to perform outsourced legal work for corporate legal departments, but lack the connections. A virtual Internet meeting place called Legal OnRamp is providing...

How to develop a legal Web site: Tips for improving Internet presence.
August 6, 2007... Byline: Bernadette Starzee, Dolan Media Newswires Editor's note: "How To" offers advice on a variety of subjects related to the management of a law practice. With attorney Web site ubiquitous in cyberspace, Lawyers Weekly presents a...

'Boxing in' witnesses for knockout depositions.
August 6, 2007... Byline: Nora Lockwood Tooher, Dolan Media Newswires For 29 years as a plaintiffs' trial lawyer in Milwaukee, Wis., Paul Scoptur has deposed adverse expert and lay witnesses in cases focused on auto accidents, medical malpractice, products...

How to achieve your work-life balance.
August 6, 2007... Byline: Barbara Rabinovitz, Dolan Media Newswires Editor's note: Cambridge, Mass., attorney Peter A. Hahn recently moderated a continuing-legal-education seminar on "Business and Pleasure: Achieving Your Work-Life Balance." An at-large...

South Carolina Supreme Court says jogger can challenge excavation permit.(James W. Smiley)
August 6, 2007... Byline: Gregory Froom A partially disabled man who jogged for rehabilitation on an Isle of Palms beach can challenge a permit allowing an oceanfront resort to excavate sand, the Supreme Court ruled July 30. The plaintiff, James W....

S.C. Court of Appeals Case Summaries: August 6, 2007.(South Carolina)
August 6, 2007... Byline: South Carolina Lawyers Weekly Staff Civil Practice Unpaid Sales Commissions - Judgment - Statute Of Limitations The appellants' argument that the 10-year period expired on June 2, 2005, Sect. 15-39-30 deprives the judgment...

S.C. Supreme Court Case Summaries: August 6, 2007.(South Carolina Supreme Court)
August 6, 2007... Byline: South Carolina Lawyers Weekly Staff Appeals Prison Grievance - Good- Time Credits - Liberty Interest An inmate's loss of good-time credits is reviewable by the Administrative Law Court pursuant to Al-Shabazz since the loss...

U.S. Court of Appeals 4th Circuit Case Summaries: August 6, 2007.
August 6, 2007... Byline: South Carolina Lawyers Weekly Staff Administrative Utility Regulation - Telecom Competition - Incentive Rate A District Court erred in reversing the North Carolina Utilities Commission's determination under the federal...

How to select a real estate firm.
August 13, 2007... Byline: Bernadette Starzee, Dolan Media Newswires Real estate transactions, whether commercial or residential, are rife with potential snafus. Just as you would carefully choose a property, take your time and select a real estate firm that...

S.C. Circuit Court Case Summaries: August 13, 2007.(South Carolina Circuit Court)
August 13, 2007... Byline: South Carolina Lawyers Weekly Staff Workers' Compensation Termination - Jobsite Injury - Course Of Employment A claimant who was run over by a truck while leaving his employer's jobsite shortly after being terminated is...

S.C. Court of Appeals Case Summaries: August 13, 2007.(South Carolina Court of Appeals)
August 13, 2007... Byline: South Carolina Lawyers Weekly Staff Criminal ABHAN - Lesser Included Offense The trial court properly refused to charge assault and battery of a high and aggravated nature as a lesser-included offense of assault with...

S.C. Court of Appeals Unpublished Case Summaries: August 13, 2007.(South Carolina Court of Appeals)
August 13, 2007... Byline: South Carolina Lawyers Weekly Staff Marshlands - Adverse Possession - Title A man established possession of a fee interest in marshlands under the 20-year grant theory and the 40-year lapse statute, the Court of Appeals ruled...

S.C. Supreme Court Case Summaries: August 13, 2007.(South Carolina Supreme Court)
August 13, 2007... Byline: South Carolina Lawyers Weekly Staff Civil Writ Of Certiorari The Supreme Court dismissed the writ of certiorari as improvidently granted in Bass v. Isochem (Lawyers Weekly No. 010-132-07) (2 pages). Dismissed. Bass v....

U.S. Court of Appeals 4th Circuit Case Summaries: August 13, 2007.
August 13, 2007... Byline: South Carolina Lawyers Weekly Staff Criminal Abusive Sexual Contact - Minor's Age - Airplane Molestation In this prosecution of the defendant for molesting a 13-year-old girl on a "redeye" flight from San Diego to...

South Carolina Lawyers in the News: August 13, 2007.
August 13, 2007... Byline: South Carolina Lawyers Weekly Staff Briefly Chief Justice Jean Hoefer Toal became president of the Conference of Chief Justices at the organization's annual meeting at Mackinac Island, Mich., on Aug. 1. The law firm of...

S.C. Court of Appeals says lawsuit over collapse of footbridge was time-barred.(South Carolina Court of Appeals)
August 13, 2007... Byline: Gregory Froom A Spartanburg County suit over the collapse of a footbridge at Charlotte Motor Speedway in 2000 was time-barred, even though it was filed within South Carolina's eight-year statute of repose, the Appeals Court ruled...

S.C. Circuit Court says fired construction worker entitled to workers' comp benefits.(South Carolina Circuit Court)
August 13, 2007... Byline: Gregory Froom An Upstate construction worker who had been fired for alleged misconduct just minutes before he was run over by a truck was entitled to workers' comp benefits, the Circuit Court has ruled. The accident happened as...

Man fired minutes before injury awarded workers' comp benefits.(workers' compensation)
August 13, 2007... Byline: Gregory Froom An Upstate construction worker who had been fired for alleged misconduct just minutes before he was run over by a truck was entitled to workers' comp benefits, the Circuit Court has ruled. The accident happened as...

South Carolina Lawyers in the News: August 20, 2007.(Steven E. Farrar, Jason Maertens and Jennifer S. Barr)(Federation of Defense and Corporate Counsel)
August 20, 2007... Byline: South Carolina Lawyers Weekly Staff Farrar elected VP of Federation of Defense and Corporate Counsel Attorney Steven E. Farrar was elected vice president of the Federation of Defense and Corporate Counsel (FDCC) at its recent...

Nexsen Pruet's Columbia office completes move to First Citizens building.
August 20, 2007... Byline: South Carolina Lawyers Weekly Staff Nexsen Pruet's Columbia office has completed its move to the new First Citizens Center at 1230 Main St. The move involved more than 200 people, and technology systems which support the firm's...

Jean Hoefer Toal first S.C. chief justice to head up national conference.(Conference of Chief Justices)
August 20, 2007... Byline: Gregory Froom Insert another "first" on the resume of South Carolina's trailblazing chief justice, Jean Hoefer Toal. She recently became the first president of the Conference of Chief Justices to hail from the Palmetto State --...

S.C. Supreme Court says worker's claimed distress not severe enough to allow IIED suit to proceed.(South Carolina, intentional infliction of emotional distress)
August 20, 2007... Byline: Gregory Froom An Horry County construction worker couldn't recover on his claims that raunchy workplace comments caused him emotional distress, even though the alleged taunts arguably were "extreme and outrageous," the Supreme...

Injured tugboat mechanic's lawsuit requires expertise from two different types of lawyer.(Case overview)
August 20, 2007... Byline: Gregory Froom The unique case of a tugboat mechanic who was injured during a dry-docking procedure on the Wando River brought together Charleston attorneys with expertise in distinct areas of law. The plaintiff, who was on...

U.S. Tax Court approves deduction in 'creative settlement arrangement'.
August 20, 2007... Byline: Reni Gertner, Dolan Media Newswires A $1 million loan by a father from a personal injury settlement to a trust for his severely injured daughter is deductible from the value of the child's estate, the U.S. Tax Court has ruled. ...

Sibling agreements: A planning tool that helps avoid elder care battles.
August 20, 2007... Byline: Justin Rebello, Dolan Media Newswires The fastest-growing age group in the country, according to a U.S. Census report, is people aged 85 years and older, a demographic that is projected to increase by 20 million in the next 40...

S.C. Court of Appeals Case Summaries: August 20, 2007.(South Carolina case on unallocated support payments)(Case note)
August 20, 2007... Byline: South Carolina Lawyers Weekly Staff Domestic Relations Unallocated Support Payments - Taxation - Deductibility The Family Court's first order awarding unallocated support to the wife was unambiguous and allowed the amount...

S.C. Supreme Court Case Summaries: August 20, 2007.(South Carolina cases on judicial misconduct, intentional infliction of emotional distress and wrongful death)(Case note)
August 20, 2007... Byline: South Carolina Lawyers Weekly Staff Judicial Disciplinary Matter Ticket Help - Transport Police - Retired Magistrate A retired magistrate who assisted the State Transport Police with county truck tickets was issued a public...

U.S. District Court Case Summaries: August 20, 2007.(negligence in dry docking procedure)(Case overview)
August 20, 2007... Byline: South Carolina Lawyers Weekly Staff Negligence Vessel Repair - Dry- Docking Procedure - Head Injury A man injured by a rope-covered weight is entitled to approximately $1.5 million since a shipyard breached its duty by...

U.S. C.A. 4th Cir. Unpublished Case Summaries: August 27, 2007.(United States Court of Appeals for the 4th Circuit)
August 27, 2007... Byline: South Carolina Lawyers Weekly Staff Products Liability Automobile Accident - Vehicle Rollover - Expert Testimony - Future Earnings The District Court properly admitted expert testimony as to vehicle rollovers and an...

U.S. District Court Case Summaries: August 27, 2007.
August 27, 2007... Byline: South Carolina Lawyers Weekly Staff Employment Medical Resident - Disability - Reasonable Accommodations A medical resident cannot maintain his claim that MUSC violated the ADA when it failed to accommodate him since he was...

South Carolina Lawyers in the News: August 27, 2007.
August 27, 2007... Byline: South Carolina Lawyers Weekly Staff DuBois Joins Buist, Byars & Taylor, LLC Joseph DuBois has joined Buist, Byars & Taylor, LLC, as an associate attorney in the firm's Mount Pleasant office. He represents clients in a...

S.C. Appeals Court says expert's opinion about soccer player's future earnings admissible.(United States Court of Appeals for the 4th Circuit)
August 27, 2007... Byline: Gregory Froom The Fourth Circuit has upheld a $6 million verdict for a former Furman University soccer player who was injured in an SUV rollover -- even though the manufacturer cried foul over expert testimony regarding his...

South Carolina medical resident with cognitive disabilities loses ADA claim.(Americans with Disabilities Act)
August 27, 2007... Byline: Gregory Froom A physician resident at the Medical University of South Carolina whose brain injury caused cognitive problems and made him read much slower than the average person has had his Americans with Disabilities Act claim...

Lesley M. Coggiola is Disciplinary Counsel for Supreme Court Commns. on Lawyer and Judicial Conduct.(Supreme Court Commissions on Lawyer and Judicial Conduct)(Interview)
August 27, 2007... Byline: Guy Loranger As a public defender, Lesley M. Coggiola saw her role as protecting the vulnerable -- her indigent clients -- and making sure South Carolina's legal system worked for them. In her new, prosecutorial role as...

U.S. Supreme Court rules passengers can challenge searches after traffic stops.
August 27, 2007... Byline: Kimberly Atkins, Dolan Media Newswires Defense attorneys and civil liberties advocates are hailing the U.S. Supreme Court's recent ruling that passengers in a car pulled over during a traffic stop are seized for purposes of the...

New office space trends include more color, glass walls, carpet tile.(Interview)
August 27, 2007... Byline: David Page, Dolan Media Newswires After working as a commercial and residential interior designer in Oklahoma City, Janis Bevers spent a year working in Washington, D.C. "I wanted to get a new perspective of what was going on in...

How to choose furniture for your office.
August 27, 2007... Byline: Bernadette Starzee, Dolan Media Newswires Choosing office furniture can be a daunting task. It's a considerable expense, and your choices will affect employees' daily lives for many years to come. And chances are, like many others...

Supreme Court of South Carolina issues order.
August 27, 2007... Byline: South Carolina Lawyers Weekly Staff The Supreme Court of South Carolina RE: Interim Guidance Regarding Personal Data Identifiers and Other Sensitive Information in Appellate Court Filings ORDER Under the Federal...

Charleston federal Judge Duffy to kick off lecture series this week.(U.S. District Judge Patrick Michael Duffy)
August 27, 2007... Byline: South Carolina Lawyers Weekly Staff U.S. District Judge Patrick Michael Duffy will kick off the Charleston School of Law's fall professionalism speaker series at noon Aug. 29 with a speech that focuses on why students should be...

S.C. Court of Appeals Case Summaries: August 27, 2007.(South Carolina Court of Appeals)
August 27, 2007... Byline: South Carolina Lawyers Weekly Staff Criminal Community Supervision Program - Revocation - PCR Review A former inmate's community supervision program judge improperly held the inmate was required to challenge his sentence...

U.S. Court of Appeals 4th Circuit Case Summaries: August 27, 2007.(United States Court of Appeals for the 4th Circuit)
August 27, 2007... Byline: South Carolina Lawyers Weekly Staff Administrative FDA Certification - Mammography - Sanctions A physician and his practice are subject to monetary sanctions imposed by the Food and Drug Administration for allowing a...