South Carolina Lawyers Weekly articles from February 2003

South Carolina Lawyers Weekly archives from February 2003

Insurer Entitled To Reimbursement For Heart Attack Comp Benefits, Rules S.C. Appeals Court.
February 3, 2003... Byline: Gregory Froom The S.C. Second Injury Fund must reimburse a farm's workers' comp carrier for benefits paid to the estate of an employee who died of a heart attack after fighting a fire in a wheat field near Elloree, the Appeals...

S.C. Court of Appeals Case Summaries: February 3, 2003.
February 3, 2003... Byline: South Carolina Lawyers Weekly Staff Arbitration Bylaws Amendment - Contract Terms Where the appellant agricultural cooperative argues that by signing a membership agreement, the respondent was bound by the appellant's...

South Carolina Lawyers In The News: February 3, 2003.
February 3, 2003... Byline: South Carolina Lawyers Weekly Staff Greenville attorney Michael E. Easterday has been tapped to serve as Gov. Mark Sanford's legislative director. Easterday has practiced with firm Moore, Taylor & Thomas since 1999 and has...

S.C. Court Of Appeals: Entry Of Default Set Aside After Quick Response, Possible Defense.
February 3, 2003... Byline: Michael Dayton A Circuit Court judge should have vacated an entry of default against a Columbia apartment complex that moved quickly to set it aside and raised a meritorious defense, the Court of Appeals has ruled in an unpublished...

S.C. Workers' Compensation Court Case Summaries: February 3, 2003.
February 3, 2003... Byline: South Carolina Lawyers Weekly Staff Workers' Compensation Back Injury - Inmate - Future Medical Treatment Where the claimant sustained an injury to his back while working for the Department of Corrections, the appellate...

Lessons On Powerful, Persuasive Public Speaking.
February 3, 2003... Byline: Paul D. Boynton Unlike many "how-to" guidebooks -- which often put the "less" in lifeless prose -- David Dempsey's Legally Speaking provides a lively blueprint for successful oral presentations anywhere from the courtroom to the...

South Carolina Legal Obituary: Willie Smith Jr.
February 3, 2003... Byline: South Carolina Lawyers Weekly Staff Judge Willie T. Smith jr. died Dec. 17 at St. Francis Hospital. He was 82 years old. Smith was born Jan. 17, 1920 in Sumter. He grew up in Columbia where he attended public schools. Smith...

S.C. Bar Passes Ethics 2000 Update To Professional Conduct Rules.
February 3, 2003... Byline: Gregory Froom Proposed ethics rules revisions that could change how lawyers make fee agreements, handle misdirected faxes and practice across state lines has won the approval of the state Bar's House of Delegates. A slightly...

S.C. Court of Appeals Unpublished Case Summaries: February 3, 2003.
February 3, 2003... Byline: South Carolina Lawyers Weekly Staff Civil Practice Automobile Accident - Magistrate's Court - Motion to Quash Subpoena Where the parties were involved in an automobile accident and the magistrate granted the respondent's...

U.S. Court of Appeals 4th Circuit Case Summaries: February 3, 2003.
February 3, 2003... Byline: South Carolina Lawyers Weekly Staff Criminal Habeas Corpus - Separate Robbery Conviction A North Carolina defendant sentenced to death for the first-degree felony murder of a convenience store owner is not entitled to a...

S.C. Supreme Court Case Summaries: February 3, 2003.
February 3, 2003... Byline: South Carolina Lawyers Weekly Staff Constitutional Charter Schools Act of 1996 - Racial Composition Requirement Where a committee submitted an application for a local charter school and the county board of education denied...

S.C. Supreme Court Case Summaries: February 10, 2003.
February 10, 2003... Byline: South Carolina Lawyers Weekly Staff Attorney Discipline Attorney Disciplinary Matter - Admitted Misconduct - Public Reprimand Where the respondent admitted misconduct, based on his failure to withdraw from representing an...

U.S. Court of Appeals 4th Circuit Case Summaries: February 10, 2003.
February 10, 2003... Byline: South Carolina Lawyers Weekly Staff Civil Practice Expert Testimony - New Opinion Excluded In this lawsuit by the plaintiff rack company alleging the defendant paint company's paint was defective because it rubbed off on...

S.C. Supreme Court: Proposed Rule Sets Guidelines For Sealing Settlements.
February 10, 2003... Byline: Michael Dayton New guidelines for sealing documents and settlement agreements have been issued by the state Supreme Court. Revisions to Rule 41.1, SCRCP, are intended to strike a balance between the public's right to open...

S.C. Administrative Law Judge Division Case Summaries: February 10, 2003.
February 10, 2003... Byline: South Carolina Lawyers Weekly Staff Administrative Injunctive Relief - Discovery Requests Due Process Where the petitioner, who is a physician under disciplinary investigation, filed a petition for injunctive relief,...

South Carolina Lawyers In The News: February 10, 2003.
February 10, 2003... Byline: South Carolina Lawyers Weekly Staff U.S. District Judge Matthew J. Perry recently was honored by Clemson University for his role in integrating the institution in the 1960s. Perry received an honorary doctor of humanities during...

Notice Created Artificial Deadline For Payment Of Delinquent Taxes, Rules S.C. Supreme Court.
February 10, 2003... Byline: Gregory Froom A boat owner could upset the tax sale of his 52-foot sailboat because the Beaufort County treasurer's office didn't strictly comply with a notice statute, the Supreme Court has ruled. The problem with the notice:...

Proposed Rule 41.1, SCRCP.
February 10, 2003... Byline: South Carolina Lawyers Weekly Staff >Rule 41.1, SCRCP Sealing Documents and Settlement Agreements (a) Purpose. Because South Carolina has a long history of maintaining open court proceedings and records, this Rule is intended to...

S.C. Court Of Appeals: Option Holder Could Have Insurable Interest In Property.
February 10, 2003... Byline: Gregory Froom A lessee who had an option to buy a Lexington County residence might have an insurable interest in the property, the Court of Appeals ruled Feb. 3 in a first-impression decision. The plaintiff sued his insurer...

S.C. Court of Appeals Case Summaries: February 10, 2003.
February 10, 2003... Byline: South Carolina Lawyers Weekly Staff Contract Bad Faith Refusal to Pay Insurance Proceeds - Option to Purchase - Insurable Interest Where the appellant, who entered into a "Lease Option to Buy" with another individual, fell...

Verdicts & Settlements February 17, 2003: Rear-End Accident Leads To Lumbar, Cervical Injuries.
February 17, 2003... Byline: South Carolina Lawyers Weekly Staff Other useful info: The plaintiff's wife was awarded $5,110 on her loss of consortium claim that was tried with the plaintiff's claim. Plaintiff's vehicle was rear-ended by defendant's...

Verdicts & Settlements February 17, 2003: Condemnation Left Acreage With No Frontage, Limited Access.
February 17, 2003... Byline: South Carolina Lawyers Weekly Staff Highway condemnation -- 4.02 acres taken, 3.048 acres left and damaged. The property was located at the intersection of Highway 38 and Interstate 95 in Dillon County. Principal injuries (in...

Verdicts & Settlements February 17, 2003: Roofer Wins Slander Action Against Insurance Company.
February 17, 2003... Byline: South Carolina Lawyers Weekly Staff Other useful info: Mays, a roofing contractor, sued State Auto over a 1998 incident in which he alleged that a State Auto adjuster slandered him by refusing to allow a policyholder with roof...

Painter Wins Personal Injury Case After Bulldozer Caused Jobsite Fall.
February 17, 2003... Byline: Gregory Froom A Richland County jury has awarded $850,000 to a painter who was knocked from a 25-foot ladder by a construction company's bulldozer. VERDICT REPORT The painter broke his femur and suffered knee and facial...

Dad's Failure To Get Extra Exam Didn't End Parental Rights, Rules S.C. Appeals Court.
February 17, 2003... Byline: Gregory Froom Even though a divorced father didn't get a psychological evaluation as required by a guardian ad litem -- and thus was never granted formal visitation with his children -- that did not mean he willfully failed to...

Lawsuit Could Be Brought In S.C. Despite Forum Selection Clause.
February 17, 2003... Byline: Michael Dayton Even though a partnership agreement stipulated that any disputes would be litigated in Pennsylvania, a partner from Hilton Head Island could bring a lawsuit in South Carolina, the Court of Appeals has ruled in an...

S.C. Administrative Law Judge Division Case Summaries: February 17, 2003.
February 17, 2003... Byline: South Carolina Lawyers Weekly Staff Administrative Riot - Loss of Good Time Credit - Due Process Where the appellant argues he is not guilty of rioting because he was not found to be in possession of a weapon and there was...

S.C. Court of Appeals Case Summaries: February 17, 2003.
February 17, 2003... Byline: South Carolina Lawyers Weekly Staff Parent and Child Termination of Parental Rights - Failure to Visit - Guardian Ad Litem Where the appellants sought to terminate the natural father's parental rights and the guardian ad...

S.C. Court of Appeals Unpublished Case Summaries: February 17, 2003.
February 17, 2003... Byline: South Carolina Lawyers Weekly Staff Contract Partnership Agreement - Forum Selection Clause Where the respondent, who entered into a partnership agreement with the appellants that designated Pennsylvania as the forum for...

S.C. Largest Law Firm Nelson Mullins Grows In N.C. With New And Expanded Offices.
February 17, 2003... Byline: South Carolina Lawyers Weekly Staff Nelson Mullins Riley & Scarborough, South Carolina's largest law firm, has opened two new North Carolina offices and expanded its existing Charlotte office. "Nelson Mullins has wanted to...

Murder Date Started Limitations Clock On Wrongful Death Claim, Rules S.C. Court Of Appeals.
February 17, 2003... Byline: Gregory Froom The estate of a Richland County woman who was killed by a former psychiatric hospital patient could not sue the state Department of Mental Health, the Court of Appeals has ruled in an unpublished decision. The...

U.S. Court of Appeals 4th Circuit Case Summaries: February 17, 2003.
February 17, 2003... Byline: South Carolina Lawyers Weekly Staff Civil Rights First Amendment - Police Officer's Free Speech - Employee Discipline Where a police chief conditioned the return to work of an officer previously placed on administrative...

Verdicts & Settlements February 17, 2003: Developer Settles With Homeowners Over Mud Damage, Mold.
February 17, 2003... Byline: South Carolina Lawyers Weekly Staff Continuing nuisance; negligence and recklessness; trespass. Principal injuries (in order of severity): Construction practices of developer created a continuous nuisance of flooding and...

South Carolina Lawyers In The News: February 17, 2003.
February 17, 2003... Byline: South Carolina Lawyers Weekly Staff Charleston attorney Todd W. Smyth has been invited to join the International Association of Defense Counsel. Smyth is a shareholder in the firm Haynsworth Sinkler Boyd, where he practices civil...

S.C. Legal Obituary: Claude Hudson.
February 17, 2003... Byline: South Carolina Lawyers Weekly Staff Claude P. Hudson of Mount Pleasant died Jan. 7. in a local hospital. Hudson was born in Clinton and was a graduate of Furman University and the University of South Carolina School of Law. ...

S.C. Supreme Court Case Summaries: February 17, 2003.
February 17, 2003... Byline: South Carolina Lawyers Weekly Staff Attorney Disciplinary Matter Disbarment Where the respondent, who was suspended from the practice of law in North Carolina for three years and eventually disbarred, argues that the...

S.C. Workers' Compensation Court Case Summaries: February 17, 2003.
February 17, 2003... Byline: South Carolina Lawyers Weekly Staff Workers' Compensation Shoulder Injury - Timely Notice of Injury - Barred Claim Where the claimant sought benefits for an alleged injury by accident to his right shoulder when he was...

S.C. Court of Appeals Case Summaries: February 24, 2003.
February 24, 2003... Byline: South Carolina Lawyers Weekly Staff Criminal Criminal Sexual Conduct - Jury Selection - Codefendant's Unconstitutional Strike Where the appellant argues he is entitled to a new trial because the trial court refused to...

S.C. Court of Appeals Unpublished Case Summaries: February 24, 2003.
February 24, 2003... Byline: South Carolina Lawyers Weekly Staff Civil Learning Disabled Student - Individuals with Disabilities Education Act Where the appellant, whose daughter is learning disabled, sued the school district after the disciplinary...

South Carolina Lawyers In The News: February 24, 2003.
February 24, 2003... Byline: South Carolina Lawyers Weekly Staff Attorneys Kenneth E. Ormand Jr., Robert C. Ashley and Carlos W. Gibbons Jr. have opened the law firm Ormand, Ashley & Gibbons P.A. with two offices in Columbia. Greenville attorney Nancy H....

S.C. Appellate Panel Affirms Minimal Punitive Damages In DUI Case.
February 24, 2003... Byline: Michael Dayton Being involved in an auto accident with an at-fault driver who has been drinking doesn't automatically assure a substantial jury verdict, an Anderson County motorist has learned. The motorist said she was...

S.C. Workers' Compensation Court Case Summaries: February 24, 2003.
February 24, 2003... Byline: South Carolina Lawyers Weekly Staff Workers' Compensation Mental Stress - Aggravation of Pre-existing Heart Condition - Claim Denial Where the claimant alleges she suffered from an injury as a result of mental stress and a...

S.C. Supreme Court Case Summaries: February 24, 2003.
February 24, 2003... Byline: South Carolina Lawyers Weekly Staff Criminal Murder - Aggravating Circumstances - Death Sentence - Parole Ineligibility Charge Where the jury recommended that the appellant receive the death sentence based on the...

S.C. Circuit Court Upholds Comp Benefits For Worker's Skin Loss Injuries.
February 24, 2003... Byline: Michael Dayton An employee who was severely burned when a steam hose broke could collect workers' comp benefits for skin loss and disfigurement, a Circuit Court judge has ruled. The claimant, an employee of Nestle Frozen Foods,...

Tort Reform, At-Will Employment Bills Introduced In South Carolina Legislature.
February 24, 2003... Byline: Gregory Froom A bill that would affirm the at-will nature of employment in South Carolina has been introduced in the state House of Representatives during the current legislative session. The bill is among a host of proposals...

U.S. Court of Appeals 4th Circuit Case Summaries: February 24, 2003.
February 24, 2003... Byline: South Carolina Lawyers Weekly Staff Criminal Habeas Corpus - N.C. Death Penalty - Jury Instruction - Mitigating Circumstances The 4th Circuit reverses a District Court decision that the petitioner was procedurally barred...

Town's Personnel Manual Might Have Required Firing For Cause, Rules S.C. Appeals Court.
February 24, 2003... Byline: Gregory Froom A Bishopville water department foreman who was fired for allegedly making a sexual proposition to a local resident could take his wrongful termination claim to trial against the town, the Appeals Court ruled Feb. 13...