South Carolina Lawyers Weekly articles from February 2004

South Carolina Lawyers Weekly archives from February 2004

S.C. Supreme Court rules witness's testimony sufficient to show "John Doe" caused collision.
February 2, 2004... Byline: Gregory Froom A Greenville motorist injured in a no-contact "John Doe" accident could recover UM benefits, the Supreme Court ruled Jan. 27 in a unanimous opinion. The high court reinstated a jury verdict of more than $207,000,...

S.C. Circuit Court Case Summaries: February 2, 2004.
February 2, 2004... Byline: South Carolina Lawyers Weekly Staff Tort Car Accident - Unknown Driver - "Independent Witness" Where the petitioner sought coverage for personal injuries she sustained from a car accident involving an unknown driver, the...

S.C. Court of Appeals Case Summaries: February 2, 2004.
February 2, 2004... Byline: South Carolina Lawyers Weekly Staff Criminal Criminal Sexual Conduct - Batson Motion - Discrimination Where the appellant argues the trial court erred in granting the state's motion under Batson, we agree but find that the...

S.C. Lawyers in the News: February 2, 2004.
February 2, 2004... Byline: South Carolina Lawyers Weekly Staff Attorney Cynthia Spieth Morton has become a principal of the firm of Buist Moore Smythe McGee P.A. Morton received a B.S. degree with honors from the Georgia Institute of Technology in 1988 and...

Womble Carlyle attorney named Greenville Area Development Corporation board chairman.
February 2, 2004... Byline: South Carolina Lawyers Weekly Staff Attorney Brent Clinkscale has been elected to serve as the Greenville Area Development Corporation's chairman of the board. Clinkscale practices with the firm of Womble Carlyle Sandridge & Rice,...

S.C. Supreme Court announces new guidelines on "competing affidavit" rule.
February 2, 2004... Byline: Michael Dayton Although not necessary for the outcome of the case, the Supreme Court in Cothran v. Brown (South Carolina Lawyers Weekly No. 010-017-04, 5 pages) has set out guidelines on the "competing affidavit" rule. Also...

S.C. appellate court rules guest at private swim club was owed licensee standard of care.
February 2, 2004... Byline: Gregory Froom A non-member injured in the private pool of a Lexington County swim club was due the standard of care owed to a licensee -- not an invitee, the Appeals Court ruled Jan. 26. The plaintiff was injured when he struck...

U.S. Court of Appeals 4th Circuit Case Summaries: February 2, 2004.
February 2, 2004... Byline: South Carolina Lawyers Weekly Staff Civil Rights Excessive Force - Unlawful Arrest - FBI Agent's ID Although the District Court did not err in granting the defendants summary judgment on the claim of the plaintiff, an...

S.C. Supreme Court Case Summaries: February 2, 2004.
February 2, 2004... Byline: South Carolina Lawyers Weekly Staff Appeals Certiorari Where we granted certiorari to review the Court of Appeals' decision in this case, we dismiss certiorari as improvidently granted after careful consideration. ...

S.C. Supreme Court's ruling sets new judicial estoppel guidelines.
February 2, 2004... Byline: Michael Dayton Even though a Clarendon County motorist accepted criminal responsibility for a fatal auto accident, he could still raise the comparative fault of a second motorist in a wrongful death civil trial, the Supreme Court...

U.S. Court of Appeals 4th Circuit Case Summaries: February 9, 2004.
February 9, 2004... Byline: South Carolina Lawyers Weekly Staff Administrative FOIA - Postal Service Contract The U.S. Postal Service was not required under the Freedom of Information Act to turn over to an unsuccessful contract bidder 13 pages of...

S.C. Court of Appeals Case Summaries: February 9, 2004.
February 9, 2004... Byline: South Carolina Lawyers Weekly Staff Contract Breach - Valid Lease Termination Where the parties filed competing claims of breach of contract and sought a declaratory judgment on the status of the lease between them, the...

S.C. Appeals Court upholds new trial for plaintiff on claims against Dept. of Transportation.
February 9, 2004... Byline: Gregory Froom An Aiken County motorist who rear-ended a highway department truck as it slowed to cross the median of Interstate 20 will get a new trial on his negligence claims, the Appeals Court has ruled. Based on the...

S.C. Supreme Court Case Summaries: February 9, 2004.
February 9, 2004... Byline: South Carolina Lawyers Weekly Staff Appeals Amended Answer - Interlocutory Order Where the petitioners, who were sued by the respondent for foreclosure of a mechanic's lien, moved to be allowed to file an amended answer,...

Atlanta-based firm of Fisher & Phillips LLP to expand into the Carolinas.
February 9, 2004... Byline: South Carolina Lawyers Weekly Staff The Atlanta-based firm of Fisher & Phillips LLP announced its expansion into the Carolinas Feb. 2 as it merged the law firm Ellzey & Brooks LLC into its fold, according to a firm press release....

Alex Sanders receives S.C. Bar Foundation's highest award.
February 9, 2004... Byline: South Carolina Lawyers Weekly Staff The South Carolina Bar Foundation Board of Directors named Hon. Alex Sanders as the 24th recipient of the DuRant Distinguished Public Service Award on Jan. 23 during the S.C. Bar convention in...

S.C. Appeals Court rules statute didn't bar subcontractor from suing builder for workplace injury.
February 9, 2004... Byline: Gregory Froom Even though a Greenville County electrical subcontractor represented that he carried workers' comp insurance, he could still sue the builder after allegedly being injured at a job site, the Appeals Court ruled Feb. 2....

S.C. Appeals Court rules mental comp claim lacks unusual conditions finding.
February 9, 2004... Byline: Greg Froom The workers' comp claim of a Beaufort County man who suffered a mental breakdown on the job has been remanded by the Appeals Court for a specific finding on whether his workplace conditions were "extraordinary and...

S.C. Appeals Court rules drug test results not admissible without showing of impairment.
February 16, 2004... Byline: Gregory Froom Tests that showed a Cherokee County motorist had marijuana in his system after he was injured in an auto accident should have been excluded from evidence as more prejudicial than probative, the Appeals Court has ruled...

U.S. Court of Appeals 4th Cir. Unpublished Case Summaries: February 16, 2004.
February 16, 2004... Byline: South Carolina Lawyers Weekly Staff Tort Dog Barking - Nuisance - Tape Recording Where the appellants, who alleged the barking of the respondents' dogs constituted a nuisance, argue the trial court should have considered a...

Mark H. Wall named Robert W. Hemphill Award recipient.
February 16, 2004... Byline: South Carolina Lawyers Weekly Staff Mark H. Wall was presented the Robert W. Hemphill Award at the annual meeting of the South Carolina Defense Trial Attorneys' Association held at The Cloister at Sea Island, Ga. Wall is a...

S.C. Workers' Compensation Court Case Summaries: February 16, 2004.
February 16, 2004... Byline: South Carolina Lawyers Weekly Staff Workers' Compensation Back and Neck Injuries - Change of Condition Where the claimant, who suffered two admittedly compensable injuries to his spine and neck, asserts he has suffered a...

Michael Brickman wins second highest verdict in U.S. on "Top 10 Jury Verdicts for 2003" survey.
February 16, 2004... Byline: South Carolina Lawyers Weekly Staff For his $250 million asbestos verdict against U.S. Steel in March 2003, partner Michael Brickman and his firm, Richardson, Patrick, Westbrook & Brickman, have landed the second-place spot on...

South Carolina law firm of Nelson Mullins opens new office in Washington D.C.
February 16, 2004... Byline: South Carolina Lawyers Weekly Staff Nelson Mullins Riley & Scarborough has expanded into the nation's capital, opening an office at 101 Constitution Avenue in Washington D.C., the firm announced Feb. 9. The office will be...

Three attorneys join Nexsen Pruet, further strengthening benefits and employment practice.
February 16, 2004... Byline: South Carolina Lawyers Weekly Staff Nexsen Pruet, LLC, announced Feb. 5 that three new attorneys have joined the firm, bringing added strength and experience to its employee benefits, labor and employment practice. The three...

S.C. Court of Appeals Case Summaries: February 16, 2004.
February 16, 2004... Byline: South Carolina Lawyers Weekly Staff Employment Termination - Civil Conspiracy - Third Party - At- Will Employee Where the appellant, whose employment contract stated she was "employed at the will" of the Horry County...

S.C. Court of Appeals Unpublished Case Summaries: February 16, 2004.
February 16, 2004... Byline: South Carolina Lawyers Weekly Staff Appeals Violation of County Ordinance - Dismissal Where the appellant, who filed a request for a variance with the Spartanburg County Building Codes Board after he was ordered to comply...

Narwold joins Motley Rice LLC as member; firm expands commercial litigation practice.
February 16, 2004... Byline: South Carolina Lawyers Weekly Staff Attorney William H. Narwold has become a member of the Mount Pleasant-based firm of Motley Rice LLC. Narwold joins Motley Rice's commercial litigation practice and is spearheading a major...

South Carolina Bar report calls for more study on tort reform bills.
February 16, 2004... Byline: Michael Dayton A report prepared for the South Carolina Bar says many of the tort reform measures now before lawmakers should not be adopted without further proof that they're needed. Meantime, a national advocacy group has...

S.C. Appeals Court rules revocation of will presumed despite finding copy with important papers.
February 16, 2004... Byline: South Carolina Lawyers Weekly Staff A conformed copy of an Anderson County woman's will could not be admitted to probate -- even though it was found with her "important papers" while she was on her deathbed, the Appeals Court has...

S.C. Supreme Court Case Summaries: February 16, 2004.
February 16, 2004... Byline: South Carolina Lawyers Weekly Staff Constitutional Governor - Eligibility Requirements - Commissioned Officer Where the petitioner brings this action in the court's original jurisdiction against the governor of South...

Workers' comp reform bills under consideration by South Carolina lawmakers.
February 23, 2004... Byline: Michael Dayton Despite calls for deliberation from Bar leaders, lawmakers are forging ahead with a dramatic restructuring of the state's workers' compensation system. "This will be a busy legislative year, and anyone who...

Motley Rice senior member cited as 'Best of the Bad' by Corporate Legal Times.
February 23, 2004... Byline: South Carolina Lawyers Weekly Staff Motley Rice LLC Senior Member Joseph F. Rice was named one of the nation's five most respected plaintiff's attorneys in the February 2004 issue of Corporate Legal Times. The monthly magazine,...

Nexsen Pruet attorney elected to board of S.C. Business and Industry Political Education Committee.
February 23, 2004... Byline: South Carolina Lawyers Weekly Staff Thomas B. Pollard Jr., head of Nexsen Pruet's legislative department, has been elected to serve on the board of trustees of the South Carolina Business and Industry Political Education Committee....

S.C. Appeals Court rules attractive nuisance doctrine not applicable in drowning case.
February 23, 2004... Byline: Gregory Froom The estate of a 10-year-old Georgetown boy who drowned in a mill canal that was unguarded and lacked warning signs could not recover under a theory of attractive nuisance, the Appeals Court ruled Feb. 17 in a 2-1...

Gallivan, White & Boyd receives national recognition as patriotic employer.
February 23, 2004... Byline: South Carolina Lawyers Weekly Staff Gallivan, White & Boyd, P.A has been recognized by the National Committee for Employer Support of the Guard and Reserve as a patriotic employer for contributing to national security and protecting...

South Carolina State Bar House of Delegates Resolution about workers' comp reform.
February 23, 2004... Byline: South Carolina Lawyers Weekly Staff WHEREAS, the governor of South Carolina has indicated the desire to reform the state workers' compensation system; and WHEREAS, the South Carolina General Assembly will soon consider proposed...

Bill Dennis joins Nelson Mullins law firm in Greenville.
February 23, 2004... Byline: South Carolina Lawyers Weekly Staff William L. Dennis has joined Nelson Mullins Riley & Scarborough, L.L.P., as a partner in the law firm's Greenville office. Dennis' practice includes employee benefits and ERISA; estate and...

Former Santee Cooper president and CEO to join Haynsworth Sinkler Boyd, P.A.
February 23, 2004... Byline: South Carolina Lawyers Weekly Staff The law firm of Haynsworth Sinkler Boyd, P.A. has announced that John H. Tiencken Jr. will join the firm's Charleston office as a shareholder on July 1. Tiencken is the former president and...

S.C. Supreme Court denies certiorari on case requiring arbitration of employee's tort claims.
February 23, 2004... Byline: Gregory Froom The high court will not hear case of a fired account representative who had to arbitrate his tort claims after his employer allegedly broke into his office and removed files and other property. The Supreme Court...

U.S. Court of Appeals 4th Circuit Case Summaries: February 23, 2004.
February 23, 2004... Byline: South Carolina Lawyers Weekly Staff Administrative Patent Office - Advertising Campaign - Final Agency Action A company, who complains that the Patent & Trademark Office's advertising campaign alerting the public about...

S.C. Court of Appeals Case Summaries: February 23, 2004.
February 23, 2004... Byline: South Carolina Lawyers Weekly Staff Tort Wrongful Death - Attractive Nuisance - Directed Verdict Where the appellant sued a paper company for the wrongful death of her 10-year-old nephew after he drowned in a canal that was...

S.C. Court of Appeals Unpublished Case Summaries: February 23, 2004.
February 23, 2004... Byline: South Carolina Lawyers Weekly Staff Attorneys Legal Malpractice - Scope of Representation Where the appellant claims the respondent attorney committed legal malpractice in failing to file a civil action against the...