South Carolina Lawyers Weekly articles from December 2007

South Carolina Lawyers Weekly archives from December 2007

South Carolina Lawyers in the News: December 3, 2007.
December 3, 2007... Byline: South Carolina Lawyers Weekly Staff Two attorneys join growing IP practice at Nelson Mullins Two lawyers have joined Nelson Mullins Riley & Scarborough's growing intellectual property practice in Greenville. Ashley B....

S.C. Court of Appeals tosses DUI license suspension when trooper didn't offer breath test to driver.(South Carolina; driving under influence)
December 3, 2007... Byline: Gregory Froom A DUI suspect's 90-day administrative license suspension for refusing a blood test has been lifted because the arresting officer did not first offer him a breath test and failed to offer a sufficient justification,...

Charleston clerk gets comp after being hit by car in intersection near store.(compensation)
December 3, 2007... Byline: Gregory Froom A sales clerk at a Charleston convenience store could recover comp benefits after he was hit by a car in an intersection near the business -- even though he had stepped off the premises to chat with an acquaintance,...

Salary forecast for attorneys looks bullish nationwide, but less so in S.C.(South Carolina)
December 3, 2007... Byline: Fred Horlbeck A little extra holiday cheer is in the offing for lawyers looking for more lucrative jobs -- especially first-year associates aiming at positions with big firms -- as a new study highlights prospects for bountiful...

S. C. Court of Appeals upholds verdict for woman wrongly charged with shoplifting.(South Carolina)
December 3, 2007... Byline: Gregory Froom Malicious prosecution and slander verdicts have been upheld against a North Charleston baby store after a woman and her Russian mother were wrongly charged with shoplifting there in 2003, the Court of Appeals ruled...

South Carolina Supreme Court's statement regarding the July 2007 bar examination.
December 3, 2007... Byline: South Carolina Lawyers Weekly Staff Actions of this Court relating to the July, 2007, South Carolina Bar Examination have been the subject of public discussion. On November 2, 2007, the Court released a statement on the South...

U.S. Court of Appeals Case Summaries: December 3, 2007.
December 3, 2007... Byline: South Carolina Lawyers Weekly Staff NINTH CIRCUIT Case: Doran v. 7-Eleven, Inc., U.S. Court of Appeals, 9th Circuit No. 05-56439. Nov. 9, 2007. Holding: A plaintiff suing under the ADA over barriers he encountered at a...

S.C. Court of Appeals Case Summaries: December 3, 2007.(South Carolina)
December 3, 2007... Byline: South Carolina Lawyers Weekly Staff Criminal Prison Riot - Media Interview - Miranda Warnings An inmate was not entitled to be advised of his Miranda rights when he spoke to a television reporter since the inmate's...

S.C. Court of Appeals Unpublished Case Summaries: December 3, 2007.(South Carolina)
December 3, 2007... Byline: South Carolina Lawyers Weekly Staff Real Property Default - Attorney Suspension The trial court properly dismissed the appellant's motion to set aside entry of default for failure to prosecute since there is nothing in the...

S.C. Supreme Court Case Summaries: December 3, 2007.(South Carolina)
December 3, 2007... Byline: South Carolina Lawyers Weekly Staff Attorney Disciplinary Matter Law Clerk - Real Estate Closings - Definite Suspension A recent law school graduate who did real estate closings while employed as a law clerk/staff attorney...

U.S. Court of Appeals 4th Circuit Case Summaries: December 3, 2007.
December 3, 2007... Byline: South Carolina Lawyers Weekly Staff Antitrust Limitations - Fraudulent Concealment - Inquiry Notice In this antitrust suit filed by GO Computer Inc., which alleged defendant Microsoft took a variety of anticompetitive...

South Carolina Lawyers in the News: December 10, 2007.
December 10, 2007... Byline: South Carolina Lawyers Weekly Staff Gregory A. DeLuca has been promoted to partner in the law firm of DeLuca & Maucher located in Goose Creek. He received his undergraduate degree from Georgetown University in 1997 and graduated...

Consumer department couldn't regulate law firm's credit counseling services, rules Admin. Law Ct.(Lexington Law Firm)
December 10, 2007... Byline: Gregory Froom A Utah law firm that provided credit counseling in South Carolina did not have to register under the state's Consumer Credit Counseling Act, the Administrative Law Court has ruled. The act requires credit...

After rehearing, Fourth Circuit resolves policy ambiguity in favor of insured.
December 10, 2007... Byline: Gregory Froom The term "actual charges" in a South Carolina woman's supplemental cancer insurance policy was ambiguous and must be construed in her favor, the Fourth Circuit ruled Nov. 29. The unpublished decision followed a...

S.C. appeals court says gravel surface good enough for easement road.(South Carolina)
December 10, 2007... Byline: Gregory Froom Owners of an easement that crossed several Oconee County parcels could use and maintain a gravel road over the land but they couldn't lay down blacktop, the Court of Appeals has ruled in an unpublished decision. ...

S.C. Administrative Law Judge Division Case Summaries: December 10, 2007.
December 10, 2007... Byline: South Carolina Lawyers Weekly Staff Administrative Consumer Credit Counseling Act - Law Firm - Exemptions The South Carolina Department of Consumer Affairs erred in denying a Utah law firm exemption status under the...

S.C. Court of Appeals Case Summaries: December 10, 2007.(South Carolina)
December 10, 2007... Byline: South Carolina Lawyers Weekly Staff Criminal Felony DUI - Third- Party Guilt Evidence A man convicted of felony DUI could not introduce evidence that a third-party was driving the truck at the time of the accident since the...

S.C. Court of Appeals Unpublished Case Summaries: December 10, 2007.(South Carolina)
December 10, 2007... Byline: South Carolina Lawyers Weekly Staff Contract Breach - Home Purchase - Counteroffer - Notice Of Withdrawal Although there was never a specific statement withdrawing a seller's counteroffer, the seller's act of informing the...

U.S. Court of Appeals 4th Circuit Case Summaries: December 10, 2007.(if policy phrase 'actual charges' is ambiguous or not)
December 10, 2007... Byline: South Carolina Lawyers Weekly Staff Insurance Supplemental Policy - 'Actual Charges' - Ambiguity The District Court improperly granted summary judgment to an insurer who refused to pay the full amount of benefits owed since...

South Carolina Lawyers in the News: December 17, 2007.
December 17, 2007... Byline: South Carolina Lawyers Weekly Staff Richardson Plowden attorney elected to SCDTAA executive board Columbia lawyer David Anderson was recently elected to the South Carolina Defense Trial Attorneys' Association's executive...

S.C. Supreme Court disciplines five attorneys over real estate issues.(South Carolina)
December 17, 2007... Byline: Gregory Froom The Supreme Court last week issued sanctions ranging from disbarment to public reprimand to five lawyers in separate disciplinary matters with a common thread. All five sprang from the ethical minefield of real...

Medical clinic could bring Sect. 1983 claim in Medicaid payment dispute, rules 4th Circuit.(Pee Dee Health Care)
December 17, 2007... Byline: Gregory Froom A Darlington-based medical clinic could bring a Sect. 1983 suit against the state in a dispute over Medicaid reimbursements but it was barred from pursuing the case in federal court, according to a first-impression...

Worker couldn't recover from railroad for job loss after plant closure, rules 4th Circuit.
December 17, 2007... Byline: South Carolina Lawyers Weekly Staff An employee at a plant forced to close after the deadly 2005 Graniteville train wreck could not recover from the railroad for his lost job even though the resulting gas leak damaged the factory,...

Persuasive Authority: Summary of recent federal appellate court decisions: December 17, 2007.
December 17, 2007... Byline: South Carolina Lawyers Weekly Staff Editor's note: This summary of recent decisions from the federal appellate courts was compiled from wire reports. FIFTH CIRCUIT Case: Pinkerton v. U.S. Department of Education, U.S. Court...

S.C. Supreme Court Case Summaries: December 17, 2007.(South Carolina)
December 17, 2007... Byline: South Carolina Lawyers Weekly Staff Attorney Disciplinary Matter Real Estate Transactions - Unknowing Aid To Fraud Scheme An attorney who admitted misconduct in connection with real estate transactions involving purchases...

U.S. Court of Appeals 4th Circuit Case Summaries: December 17, 2007.
December 17, 2007... Byline: South Carolina Lawyers Weekly Staff Administrative Medicaid Reimbursement - Provider's Claim - Forum- Selection Clause Although a healthcare provider has a private right of action under 42 U.S.C.Sect. 1983 against state...

S.C. Supreme Court disciplines five attorneys over real estate issues.(South Carolina Supreme Court )
December 17, 2007... Byline: Gregory Froom The Supreme Court last week issued sanctions ranging from disbarment to public reprimand to five lawyers in separate disciplinary matters with a common thread. All five sprang from the ethical minefield of real...

S.C. Lawyers in the News: December 24, 2007.(South Carolina)
December 24, 2007... Byline: South Carolina Lawyers Weekly Staff Barrow named to board of directors of national organization Columbia lawyer Mark S. Barrow has been named to the 2007-2008 board of directors of USLAW, a national organization comprised of 61...

College student was mom's dependent too, despite dad's paying of expenses, rules S.C. Supreme Ct.(South Carolina Supreme Court)
December 24, 2007... Byline: Gregory Froom A Clemson University student was his mother's dependent, even though his father paid his college and living expenses, the Supreme Court has ruled in a dispute over excess insurance coverage. The question of...

Landlord to face trial on accusations he refused to rent based on race.
December 24, 2007... Byline: Gregory Froom Business partners who claim that they were denied a lease on a Pelion garage because one of them is black can go forward on their racial discrimination and defamation claims, the U.S. District Court has ruled. ...

Court wrongly penalized gay father by barring out-of-state visitation, rules S.C. Court of Appeals.(South Carolina)
December 24, 2007... Byline: Gregory Froom The Family Court was wrong to bar a divorced Upstate father from taking his children out of state during visitation simply because the judge disapproved of the man's same-sex relationship, the Court of Appeals has...

Persuasive Authority: Summary of recent federal appellate court decisions: December 24, 2007.
December 24, 2007... Byline: South Carolina Lawyers Weekly Staff Editor's note: This summary of recent decisions from the federal appellate courts was compiled from wire reports. U.S. SUPREME COURT Case: Watson v. U.S., No. 06-571. Dec. 10, 2007. ...

S.C. Court of Appeals Unpublished Case Summaries: December 24, 2007.(South Carolina)
December 24, 2007... Byline: South Carolina Lawyers Weekly Staff Civil Automobile Purchase - Warranty - Settlement A car dealership and warranty company were properly granted a motion to compel settlement since the appellant agreed to the settlement...

S.C. Supreme Court Case Summaries: December 24, 2007.(South Carolina)
December 24, 2007... Byline: South Carolina Lawyers Weekly Staff Criminal New Trial - Polygraph Test Testimony A criminal defendant was entitled to a new trial since testimony from a witness for the state concerning polygraph test results created an...

U.S. Court of Appeals 4th Circuit Case Summaries: December 24, 2007.
December 24, 2007... Byline: South Carolina Lawyers Weekly Staff Bankruptcy Airline Bankruptcy - Pension Termination - Proof Of Claim A retired U.S. Airways pilot has waited too late to file a proof of claim alleging during debtor airline's second...

U.S. District Court Case Summaries: December 24, 2007.
December 24, 2007... Byline: South Carolina Lawyers Weekly Staff Landlord & Tenant Business Lease - Discrimination - Sect. 1981 - Racial Epithet A landlord who refused to rent his building after learning that one of the business partners was black is...

How much money will your new solo practice need?(Column)
December 31, 2007... Byline: Ed Poll In this and subsequent columns we'll consider how to start a practice on your own successfully, because it's not an easy path to take. The Wall Street Journal recently reported that, during the last 20 years, the...

South Carolina Lawyers in the News: December 31, 2007.
December 31, 2007... Byline: South Carolina Lawyers Weekly Staff Haynsworth Sinkler Boyd adds eight associate attorneys The law firm of Haynsworth Sinkler Boyd has added eight associates to its South Carolina offices. Jacquelin Bennett Lynn has joined...