South Carolina Lawyers Weekly articles from February 2005

South Carolina Lawyers Weekly archives from February 2005

Appeals Court rules Statute of Frauds did not bar Dealers Act.
February 7, 2005... Byline: Gregory Froom A Fort Mill auto dealership that allegedly took deposits for more cars than it could deliver could be held liable under the Dealers Act and the Unfair Trade Practices Act, the Appeals Court has ruled in an unpublished...

U.S. Court of Appeals 4th Circuit Case Summaries: Feb. 7, 2005.
February 7, 2005... Byline: South Carolina Lawyers Weekly Staff Civil Practice Voluntary Dismissal - Savings Statute - Toxic Gas Exposure - W. Va. Law Poultry-plant workers who claim they suffered exposure to toxic gases in the work place, and who...

S.C. Supreme Court Summaries: Feb. 7, 2005.
February 7, 2005... Byline: South Carolina Lawyers Weekly Staff Constitutional Life Sciences Act - Violation of S.C. Constitution Where the petitioner filed a petition in this court's original jurisdiction seeking a declaration that Act 187 (the Life...

S.C. Supreme Court Summaries: Feb. 7, 2005.
February 7, 2005... Byline: South Carolina Lawyers Weekly Staff Contract Breach - Payment of License Fees - Illegal Contract Where the respondent amusement company sued the appellants for breach of contract, seeking to collect the unpaid license fees...

S.C. Court of Appeals Unpublished Case Summaries: Feb. 7, 2005.
February 7, 2005... Byline: South Carolina Lawyers Weekly Staff Motor Vehicles Car Purchase - Deposit - Dealers Act - Unfair Trade Practices Act Where the appellants sued a car dealership for violations of the Motor Vehicles Dealers Act and the Unfair...

SC Court of Appeals rules no common law marriage exists despite ten years together.(South Carolina)
February 14, 2005... Byline: Michael Dayton Even though an Aiken County couple lived together for 10 years and had five children, a Family Court judge properly found that no common law marriage existed, the Court of Appeals has ruled in an unpublished...

SC Supreme Court rules venue in Hampton County not proper in suit against railroad.(South Carolina)
February 14, 2005... Byline: Gregory Froom A railroad engineer who suffered heat-related injuries on his Greenwood-to-Laurens route could not sue his employer in Hampton County, the Supreme Court ruled Feb. 2. The plaintiff's employer, CSX Transportation,...

U.S. Court of Appeals 4th Circuit Case Summaries: February 14, 2005.
February 14, 2005... Byline: South Carolina Lawyers Weekly Staff Civil Rights Property Seizure - Animal Euthanasia - Due Process A South Carolina woman has no claim against a county and a county humane society under 42 U.S.C. Sect. 1983 in connection...

S.C. Supreme Court Case Summaries: February 14, 2005.
February 14, 2005... Byline: South Carolina Lawyers Weekly Staff Employment Salary Reduction - Interim Appointed Official Where the county sought a declaratory judgment determining whether the county council had the authority to reduce the salary of an...

S.C. Court of Appeals Case Summaries: February 14, 2005.
February 14, 2005... Byline: South Carolina Lawyers Weekly Staff Banks and Banking Personal Guaranty - Default - Additional Consideration Where the appellant, who decided to become an investor and employee of a company that previously had renewed two...

S.C. Court of Appeals Unpublished Case Summaries: February 14, 2005.
February 14, 2005... Byline: South Carolina Lawyers Weekly Staff Civil Practice Protective Order - Discovery Request Limitation - Representation Where the trial court issued an order limiting the appellants' discovery from third parties to the time...

Administrative Law Judge Division Case Summaries: February 14, 2005.
February 14, 2005... Byline: South Carolina Lawyers Weekly Staff Administrative Medically Indigent Assistance Program - Request for Information Where the South Carolina Department of Health and Human Services dismissed the petitioner's request for...

SC Lawyers in the News: February 14, 2005.
February 14, 2005... Byline: South Carolina Lawyers Weekly Staff Greenville attorneys David Wilkins and Tim Madden of the firm Wilkins & Madden, P.A. were included in the 2005-2006 edition of The Best Lawyers in America. Wilkins has been nominated for inclusion...

Charlestown law firm of Buist, Byars, Pearce & Taylor honored for exceptional growth.(Brief Article)
February 14, 2005... Byline: South Carolina Lawyers Weekly Staff The real estate law firm of Buist, Byars, Pearce & Taylor, LLC was named the seventh fastest-growing company from over 400 nominees in the Charleston area and was recognized for its increasing...

South Carolina Bar recognizes attorneys for pro bono efforts.(Stuart M. Andrews Jr. and Robert K. Whitney )(Brief Article)
February 14, 2005... Byline: South Carolina Lawyers Weekly Staff The South Carolina Bar bestowed the 2004 Pro Bono Awards upon its top volunteer lawyers during the 2005 Bar Convention last month. Two winners were selected who made significant contributions...

South Carolina Bar honors Ethics 2000 advocate.(Brief Article)
February 14, 2005... Byline: South Carolina Lawyers Weekly Staff The South Carolina Bar recognized William O. Higgins for his dedication to the implementation of Ethics 2000 at its Jan. 20 House of Delegates meeting. A resolution commending Higgins was...

South Carolina Supreme Court bars municipal judge who took gifts in office.
February 14, 2005... Byline: South Carolina Lawyers Weekly Staff The South Carolina Supreme Court has barred a former municipal judge from seeking another judicial office in the state after the high court found he accepted money and gifts in exchange for favors...

SC Senate begins floor debate on bills limiting lawsuits, awards.(South Carolina )
February 14, 2005... Byline: South Carolina Lawyers Weekly Staff The extremes in the fight over lawsuit reforms were to meet on the Senate floor last week. Supporters of limiting lawsuits in malpractice, accidents, business dealings and home building say...

Some Graniteville, SC, residents oppose legislation limiting lawsuits.(Norfolk Southern Corp.)
February 14, 2005... Byline: South Carolina Lawyers Weekly Staff The debate over whether to limit lawsuits filed in South Carolina came to the heart of one of the nation's deadliest chemical spills last week. About 150 residents crowded a gymnasium to hear...

S.C. Appeals Court rules alleged oral agreement for severance pay not binding.(South Carolina)
February 21, 2005... Byline: Gregory Froom An alleged oral agreement did not entitle the employee of a Charleston auto dealership to severance pay when he lost his job soon after the business was sold, the Appeals Court has ruled. Evidence indicated that...

Rule 59(e) motion tolled time for appeal of medical malpractice case.
February 21, 2005... Byline: Gregory Froom Where a plaintiff in a medical malpractice case orally moved for a new trial then spelled out her evidentiary grounds in a later Rule 59(e) motion the second motion tolled the time for filing an appeal, the Supreme...

U.S. Court of Appeals 4th Circuit Case Summaries: Feb. 21, 2005.
February 21, 2005... Byline: South Carolina Lawyers Weekly Staff Civil Rights Education - IDEA - Autistic Student - Private School Placement Although a Virginia federal District Court owes deference to the professional opinions of local educators on...

S.C. Supreme Court Case Summaries: Feb: 21, 2005.
February 21, 2005... Byline: South Carolina Lawyers Weekly Staff Elections Entitlement to Vote - Mootness Where: (1) the Town of James Island was formed; (2) the City of Charleston and other individuals sought injunctive and declaratory relief as to...

S.C. Court of Appeals Case Summaries: Feb. 21, 2005.
February 21, 2005... Byline: South Carolina Lawyers Weekly Staff Contract Affidavits - Personal Knowledge - Admissibility Where the respondent corporation sued the appellant tree company, alleging the appellant failed to pay the respondent for...

S.C. Court of Appeals Unpublished Case Summaries: Feb. 21, 2005.
February 21, 2005... Byline: South Carolina Lawyers Weekly Staff Criminal Criminal Sexual Conduct - Sufficiency of Indictment Where the appellant contends the Circuit Court lacked subject matter jurisdiction to convict him of first-degree CSC with a...

Workers' Compensation Case Summaries: Feb. 21, 2005.
February 21, 2005... Byline: South Carolina Lawyers Weekly Staff Workers' Compensation Back Injury - Claim Denial Where the claimant alleges she injured her back when she sneezed while lifting a plastic container filled with two 10-pound bags of...

S.C. Lawyers In The News: Feb. 21, 2005.(South Carolina )(appointments)(Brief Article)
February 21, 2005... Byline: South Carolina Lawyers Weekly Staff West Columbia attorney Robert D. "Bob" Hazel has been named a partner with the law firm of Moore, Taylor & Thomas, P.A. Hazel retired as the vice president of public affairs for SCANA Corp. in...

S.C. lawyers recognized by Honda for products liability work.(South Carolina)(Joel Smith)(Brief Article)
February 21, 2005... Byline: South Carolina Lawyers Weekly Staff Nelson Mullins Riley & Scarborough attorney Joel Smith has been named the 2004 Honda Product Liability Trial Attorney of the Year. Smith, a partner in Nelson Mullins' Columbia office,...

Supreme Court extends time for taking lawyer's oath.
February 28, 2005... Byline: Michael Dayton Saying a "disappointing number" of South Carolina lawyers have not taken a mandatory lawyer's oath despite a court order to do so by today the Supreme Court has extended the deadline to May 31. This marks the...

Supreme Court says Form 50 could not be withdrawn once compensation hearing under way.
February 28, 2005... Byline: Michael Dayton Once a workers' compensation claimant reached the hearing stage, she lost the right to use a "Form 50" withdrawal, the Supreme Court has ruled. Form 50s are used as the employee's notice of claim or to request a...

Supreme Court says prescriptive easement blocked by repeated obstructions.
February 28, 2005... Byline: Gregory Froom A Jasper County landowner who bypassed the barriers a neighbor set up to block his access could not establish a prescriptive easement over a private road, the Supreme Court has ruled in a first-impression decision....

N. Carolina Lawyers in the News: February 28, 2005.
February 28, 2005... Byline: South Carolina Lawyers Weekly Staff Hilton Head Municipal Court Judge James Montgomery Herring will return to the other side of the bench in early March when he joins Buist, Byars, Pearce & Taylor, LLC, a real estate law firm based...

Court of Appeals says plaintiff's tort claims not subject to arbitration clause.(Global-Sun Pools, Inc.)
February 28, 2005... Byline: Gregory Froom A Varnville woman was not required to arbitrate her tort claims against a pool company that allegedly made harassing phone calls to her workplace and relatives, the Appeals Court ruled Feb. 22. The plaintiff...

National Safety Council installs President of S.C. chapter.(South Carolina )(Joel W. Collins Jr.)
February 28, 2005... Byline: South Carolina Lawyers Weekly Staff The National Safety Council has installed Joel W. Collins Jr., founding partner of Collins & Lacy, P.C., Attorneys at Law, as president of its South Carolina chapter. Collins was inducted as...

Nelson Verdin certified as tax law, estate planning specialist by S.C. Supreme Court.(South Carolina)(Brief Article)
February 28, 2005... Byline: South Carolina Lawyers Weekly Staff Nelson Mullins attorney Charles S. Verdin IV has received certifications from the South Carolina Supreme Court as a taxation law specialist and an estate planning and probate law specialist. ...

Palmetto Paralegal Assn. names Paralegal of the Year for 2004.
February 28, 2005... Byline: South Carolina Lawyers Weekly Staff The Palmetto Paralegal Association has selected Tina L. D. Perkins of SCANA Corp. as its Paralegal of the Year for 2004. The award recognizes her "exceptional dedication to the Palmetto...

U.S. Court of Appeals 4th Circuit Case Summaries: February 28, 2005.
February 28, 2005... Byline: South Carolina Lawyers Weekly Staff Criminal Habeas Corpus - Death Penalty - Mental Retardation - Va. Law A District Court erred in denying a habeas petition filed by a Virginia death-row defendant who has alleged facts,...

S.C. Supreme Court Case Summaries: February 28, 2005.
February 28, 2005... Byline: South Carolina Lawyers Weekly Staff Contract Breach - Listing Agreement - Commission - JNOV Where the parties entered a listing agreement, the respondent argues that a condition precedent in the sales contract was not...

S.C. Court of Appeals Case Summaries: February 28, 2005.
February 28, 2005... Byline: South Carolina Lawyers Weekly Staff Arbitration Contract - Defamation - Motion to Compel Where the respondent, who contracted with the appellants for the construction of a pool, sued the appellants for defamation and other...

S.C. Court of Appeals Unpublished Case Summaries: February 28, 2005.
February 28, 2005... Byline: South Carolina Lawyers Weekly Staff Criminal Shoplifting - Right to Fair Trial - Judge's Bias Where the appellant argues she was denied her right to a fair trial because the trial judge interrupted counsel to ask questions...