South Carolina Lawyers Weekly articles from December 2003

South Carolina Lawyers Weekly archives from December 2003

Sumter-Based Clark Law Firm Spotlighted.
December 1, 2003... Byline: South Carolina Lawyers Weekly Staff The Sumter-based Clark Law Firm was recently spotlighted in the Sumter Item. The three-lawyer practice includes John Clark, his wife Sharon Baker Clark and Brian Benenhaley. The firm concentrates...

Charleston Firm Rosen, Rosen & Hagood Announces Recent Appointments.
December 1, 2003... Byline: South Carolina Lawyers Weekly Staff The Charleston firm Rosen, Rosen & Hagood, LLC, recently named attorney Alex Cash shareholder and Alice Paylor has been named managing member of the firm. Cash, who practices primarily in the...

S.C. Legal Obituary: Orangeburg attorney Carlisle Walker Limehouse.
December 1, 2003... Byline: South Carolina Lawyers Weekly Staff Orangeburg attorney Carlisle Walker Limehouse died Oct. 17. He was 87 years old. Limehouse was born in 1915 and spent most of his life in Orangeburg. He graduated from Emory Law School and...

S.C. Court of Appeals Case Summaries: December 1, 2003.
December 1, 2003... Byline: South Carolina Lawyers Weekly Staff Arbitration Contract - Duress - Ultimatum Where the appellant subcontractor, who sued the respondent general contractor eight months after payment of the arbitration award to recover...

S.C. Supreme Court Case Summaries: December 1, 2003.
December 1, 2003... Byline: South Carolina Lawyers Weekly Staff Civil Practice Certiorari Where we granted this petition for a writ of certiorari to review the decision of the Court of Appeals in this case, we dismiss certiorari as improvidently...

Columbia-Based Nexsen Pruet To Merge With N.C.'s Adams Kleemeier.
December 1, 2003... Byline: Michael Dayton In a move to expand its presence in the Carolinas, the Columbia-based firm of Nexsen Pruet Jacobs & Pollard will merge with Greensboro, N.C.'s Adams Kleemeier Hagan Hannah & Fouts, Lawyers Weekly has learned. ...

Unpaid Commission Claimant Entitled To Automatic Attorney's Fees, Rules S.C. Appeals Court.
December 1, 2003... Byline: Michael Dayton, Editor A sales representative who made a successful claim for unpaid commissions was entitled by statute to attorney's fees, the Appeals Court ruled Nov. 24. The opinion clarifies the operation of the state's...

13-Month Delay, Discovery Activity Didn't Waive Right To Arbitration, Rules S.C. Court of Appeals.
December 1, 2003... Byline: Gregory Froom An Orangeburg County small business owner must arbitrate his fraud claims against a bank -- even though the bank engaged in discovery and waited 13 months to make a motion to compel, the Court of Appeals ruled Nov....

Refusal Of Breathalyzer Admissible Despite Transfer To Second Officer, Rules S.C. Court Of Appeals.
December 1, 2003... Byline: Michael Dayton Even though the arresting officer turned over a DUI suspect to another trooper, the driver's refusal to take a breath test was still admissible, the Court of Appeals has ruled in an unpublished decision. A drunk...

S.C. Court of Appeals Unpublished Case Summaries: December 1, 2003.
December 1, 2003... Byline: South Carolina Lawyers Weekly Staff Contract Purchase of Sewer Tap Certificates - Estoppel Where the appellant limited partnership, who was obligated to provide the city with 70 additional sewer tap certificates, argues the...

U.S. Court of Appeals 4th Circuit Case Summaries: December 1, 2003.
December 1, 2003... Byline: South Carolina Lawyers Weekly Staff Civil Rights Prison Inmate - Failure To Protect - Qualified Immunity A District Court erred in granting summary judgment based on qualified immunity to defendant correctional officers in...

S.C. Lawyers In The News: December 8, 2003.
December 8, 2003... Byline: South Carolina Lawyers Weekly Staff Greenville attorney Eric K. Graben has been named a member of the firm Wyche Burgess Freeman & Parham, P.A. Graben joined the firm as an associate in 1997 and concentrates his practice on mergers...

Insured Not Entitled To UM Benefits After Accident In No-Fault State, Rules S.C. Appeals Court.
December 8, 2003... Byline: Gregory Froom A Chester County woman and her daughter could not tap uninsured motorist benefits after an automobile accident in a no-fault state, the Appeals Court has ruled in an unpublished decision. UM coverage was...

S.C. Supreme Court: Attorneys Must Supervise Title Searches During Tax Sales.
December 8, 2003... Byline: Gregory Froom Title searches and abstracts performed in preparation for a tax sale must be conducted -- or at least supervised -- by a licensed attorney, the Supreme Court has ruled in a declaratory judgment action. In a Dec. 1...

S.C. Supreme Court Won't Rehear Decision In Trash Compactor Defect Case.
December 8, 2003... Byline: Gregory Froom The Supreme Court has let stand its decision to allow a Florence worker to go to trial over her distress claim after the trash compactor she was using crushed a co-worker. The high court declined to rehear the...

S.C. Court of Appeals Unpublished Case Summaries: December 8, 2003.
December 8, 2003... Byline: South Carolina Lawyers Weekly Staff Administrative Real Estate Appraisers Board - Service - License Suspension Where the respondent, whose real estate appraiser license was suspended by the South Carolina Real Estate...

S.C. Supreme Court Case Summaries: December 8, 2003.
December 8, 2003... Byline: South Carolina Lawyers Weekly Staff Attorney Disciplinary Matter Forged Assessor's Letters - Sanction Where the respondent committed misconduct by creating two purported assessor's letters in connection with a mortgage...

S.C. Workers' Compensation Court Case Summaries: December 8, 2003.
December 8, 2003... Byline: South Carolina Lawyers Weekly Staff Workers' Compensation Back Injury - Stop Payment - Permanent Partial Disability Where the claimant injured his back, underwent a laminectomy, re-injured his back at work and had a repeat...

S.C. Appeals Court Imposes Social Host Liability For Underage Drinker.
December 15, 2003... Byline: Gregory Froom A Berkeley County drywall contractor that hosted a Christmas party is liable for damages after one of its employees, an underage drinker, caused a fatal auto accident, the Appeals Court ruled Dec. 8. In an...

Running Of Limitations Period Didn't Extinguish Potential Liability, Rules S.C. Court of Appeals.
December 15, 2003... Byline: Gregory Froom A company whose truck clipped a radio tower cable, causing it to fall, could not seek contribution from the owner of a Charleston salvage yard where the accident occurred, the Court of Appeals has ruled. The...

Lender Not Liable For Stucco Damage Despite Funding House's Completion, Rules S.C. Appeals Court.
December 15, 2003... Byline: Gregory Froom The purchasers of a Mt. Pleasant spec home damaged by stucco problems could not recover from the construction lender under an implied warranty of habitability, the Appeals Court has ruled. That was true, even...

S.C. Court of Appeals Case Summaries: December 15, 2003.
December 15, 2003... Byline: South Carolina Lawyers Weekly Staff Arbitration Recruiting Agreement - Interstate Commerce - Federal Arbitration Act Where the appellant medical center entered into a recruiting agreement with the respondent doctor in...

S.C. Supreme Court Case Summaries: December 15, 2003.
December 15, 2003... Byline: South Carolina Lawyers Weekly Staff Criminal First- Degree Burglary - Prior Convictions - Prejudice Where the petitioner was charged with first-degree burglary and the state sought to introduce evidence of the petitioner's...

S.C. Court of Appeals Unpublished Case Summaries: December 15, 2003.
December 15, 2003... Byline: South Carolina Lawyers Weekly Staff Criminal First- Degree Burglary - Admission of Evidence Where the appellant, who was convicted of various crimes including first-degree burglary and ABHAN, argues that a pistol magazine...

U.S. Court of Appeals 4th Circuit Case Summaries: December 15, 2003.
December 15, 2003... Byline: South Carolina Lawyers Weekly Staff Constitutional First Amendment - School Dress Code - NRA T- Shirt A sixth-grade student who was asked to remove or turn inside out a T-shirt that showed three gunmen taking aim at no...

Richland County Bar Association To Launch Public Relations Campaign.
December 22, 2003... Byline: Michael Dayton Saying that the general public holds a negative view of lawyers, the Richland County Bar Association is launching a media campaign to shore up the profession's reputation. "We're going to attempt to improve the...

Time Capsule Letter Offers Glimpse Of 1930s S.C. Legal Community.
December 22, 2003... Byline: Michael Dayton The legal profession was on its deathbed, a victim of "New Deal" policies, and America's corporations likely would not survive much longer. That's what late Columbia attorney James B. "Pat" Murphy predicted in a...

S.C. State Bar's Young Lawyers Division Challenges Firms To Make Community Service Pledge.
December 22, 2003... Byline: Gregory Froom The State Bar's Young Lawyers Division has challenged South Carolina attorneys to get out of their offices and into the community through a new public service initiative. The Public Service Challenge encourages...

UIM Offer Meaningful Despite Insurer's Faulty Offer Form, Rules S.C. Appeals Court.
December 22, 2003... Byline: Gregory Froom A printing company employee who was injured in an on-the-job automobile accident could not reform his employer's UIM policy to provide coverage up to the liability limits -- even though the insurer's offer form didn't...

U.S. Court of Appeals 4th Circuit Case Summaries: December 22, 2003.
December 22, 2003... Byline: South Carolina Lawyers Weekly Staff Civil Rights Prison Inmate - Kosher Diet - RLUIPA In this suit by a Virginia inmate claiming he was illegally denied the kosher diet required by his religious beliefs as a "Hebrew...

S.C. Lawyers In The News: December 22, 2003.
December 22, 2003... Byline: South Carolina Lawyers Weekly Staff Greenville attorney Rita M. McKinney has been appointed to serve a multi-year term on the Greenville County Workforce Investment Board. McKinney is a shareholder in the McNair Law Firm. The...

S.C. Court of Appeals Unpublished Case Summaries: December 22, 2003.
December 22, 2003... Byline: South Carolina Lawyers Weekly Staff Civil Practice Wrongful Death - Failure to Make or Cooperate in Discovery Where the appellant, as personal representative for the estate of the deceased, filed a wrongful death action...

S.C. Workers' Compensation Court Case Summaries: December 22, 2003.
December 22, 2003... Byline: South Carolina Lawyers Weekly Staff Workers' Compensation Back Injury - Stop Payment - MMI Where the claimant injured his back while moving a 700-pound cabinet and fell onto another cabinet, the appellate panel affirmed the...