South Carolina Lawyers Weekly articles from February 2006

South Carolina Lawyers Weekly archives from February 2006

S.C. Appeals Court rules annulment of first marriage does not defeat bigamy claim.
February 6, 2006... Byline: Gregory Froom A Lowcountry woman could not use an annulment of her first marriage to dodge her second husband's bigamy claim, the Appeals Court ruled Jan. 30 in a first-impression decision. The wife had her 1973 marriage...

S.C. Chief Justice discusses plans to ease docket backlog, push ahead with technology.(Jean Hoefer Toal)
February 6, 2006... Byline: Gregory Froom Lean budgets, clogged dockets and an ongoing drive to upgrade the judicial system with 21st century technology were among the key issues that Chief Justice Jean Hoefer Toal tackled during her recent state of the...

S.C. State Bar resolution would post lawyers' disciplinary history on Web.
February 6, 2006... Byline: Gregory Froom Think everyone has forgotten about that public reprimand you got early in your career for a relatively minor ethical violation? It could soon resurface on the Internet under a resolution passed late last month by...

Tammie M. Pope named Paralegal of the Year by Palmetto Paralegal Association.
February 6, 2006... Byline: South Carolina Lawyers Weekly Staff Tammie M. Pope was recently recognized as the 2005 Paralegal of the Year by the Palmetto Paralegal Association. Pope works for the law firm of Nelson Mullins Riley & Scarborough, LLP. ...

Ogletree Deakins names three new shareholders at its Greenville office.(Ogletree, Deakins, Nash, Smoak and Stewart, Brian D. Black, John C. Glancy and Matthew K. Johnson)(Brief Article)
February 6, 2006... Byline: South Carolina Lawyers Weekly Staff Ogletree, Deakins, Nash, Smoak & Stewart, P.C. has elected three new shareholders, Brian D. Black, John C. Glancy and Matthew K. Johnson, at its Greenville office. Ogletree Deakins now has 30...

Womble Carlyle moves Greenville office to RiverPlace development.(Womble Carlyle Sandridge and Rice)(Brief Article)
February 6, 2006... Byline: South Carolina Lawyers Weekly Staff Womble Carlyle Sandridge & Rice, PLLC has expanded its Greenville office and relocated downtown to the new RiverPlace development. The firm's new office is located in the historic West End of...

Lawyer wins victory against South Carolina High School League in fight over athlete transfers.(Chuck Allen)
February 6, 2006... Byline: Michael Dayton As a former defensive end at the University of South Carolina, Anderson lawyer Chuck Allen can talk football. But these days, he's talking about the legal victory he scored for two high school athletes: Cameron...

S.C. Court of Appeals Case Summaries: February 6, 2006.
February 6, 2006... Byline: South Carolina Lawyers Weekly Staff Domestic Relations Annulment Of Prior Marriage - Bigamy Where the appellant wife argues the Family Court erred by barring her from using the order of annulment from her first husband as a...

U.S. Court of Appeals 4th Circuit Case Summaries: February 6, 2006.(Omnibus Consolidated and Emergency Supplemental Appropriations Act of 1999, Immigration and Nationality Act of 1952, Privacy Act of 1974)
February 6, 2006... Byline: South Carolina Lawyers Weekly Staff Civil Rights Privacy Act - SSN - Black Lung - Attorney's Fees Even though an applicant for black lung benefits can show no actual damages from the government's disclosure of his Social...

S.C. Supreme Court Case Summaries: February 6, 2006.
February 6, 2006... Byline: South Carolina Lawyers Weekly Staff Corporate Civil Conspiracy - Judgment Notwithstanding The Verdict Where the respondent/appellant doctor sued the appellant/respondent hospital for civil conspiracy and other causes of...

S.C. Court of Appeals Unpublished Case Summaries: February 6, 2006.
February 6, 2006... Byline: South Carolina Lawyers Weekly Staff Criminal Possession Of A Weapon - Sentencing Error Where the appellant, who pled guilty to various charges, alleges that the trial court's sentencing error as to the weapons possession...

One of Carolinas' largest law firms bumps starting pay again for associate lawyers.(Womble Carlyle Sandridge and Rice)
February 13, 2006... Byline: Michael Dayton For the second time in a month, one of the Carolinas' largest law firms has bumped up its starting pay for associate lawyers, putting pressure on others to follow suit. Last week, 550-lawyer Womble Carlyle...

Rehearing sought on square footage decision.(cases of conveyancing )
February 13, 2006... Byline: Michael Dayton A Mount Pleasant attorney has asked the Appeals Court to reconsider Schnellmann v. Roettger, saying that Jan. 17 opinion could turn back the clock on decades of real estate law. "The [Schnellmann] panel's...

Truck driver entitled to workers' compensation despite independent contractor agreement.(Mitchell v. CLM Trucking/American Trans-Freight)
February 13, 2006... Byline: Gregory Froom A Lowcountry trucker could recover comp benefits for injuries he sustained while picking up a load even though he drove under an independent contractor agreement with his employer, the Workers' Compensation...

Court tosses shareholders' fiduciary duty lawsuit.(Clearwater Trust and Russell B. Lentz Trust v. Bunting and Media General Communications, Inc.)
February 13, 2006... Byline: Gregory Froom, Legal Editor Shareholders of a Spartanburg communications company who claimed a corporate officer misled them about merger prospects had no private cause of action under statutory law, the Supreme Court has ruled. ...

Nelson Mullins Riley & Scarborough LLP elects 9 new partners in S.C. offices.(Cherie Blackburn joins South Carolina Women Lawyers Association)(John C. McElwaine listed as Who's Who of Business Law)
February 13, 2006... Byline: South Carolina Lawyers Weekly Staff Nelson Mullins Riley & Scarborough LLP has elected nine new partners in its South Carolina offices. The new partners include: * Columbia attorney Karl S. "Butch" Bowers Jr., whose...

U.S. Court of Appeals 4th Circuit Case Summaries: February 13, 2006.
February 13, 2006... Byline: South Carolina Lawyers Weekly Staff Admiralty Salvage Law - Titanic - Jurisdiction A Norfolk, Va. federal District Court did not have jurisdiction over certain artifacts salvaged in 1987 from the wreck of the Titanic, in...

S.C. Supreme Court Case Summaries: February 13, 2006.(South Carolina )
February 13, 2006... Byline: South Carolina Lawyers Weekly Staff Attorney Disciplinary Matter Trust Account Mishandling - Admitted Misconduct - Disbarment Where the respondent admitted misconduct for improper handling of her trust account, we accept...

S.C. Court of Appeals Case Summaries: February 13, 2006.(South Carolina )(slip and fall accidents case)(Carrigg v. Cusch, Inc)(Brief Article)
February 13, 2006... Byline: South Carolina Lawyers Weekly Staff Negligence Slip And Fall - Knowledge Where the appellant sued the respondent restaurant after she allegedly injured herself from slipping on water on the floor leading to the restroom,...

Workers' Compensation Court Case Summaries: February 13, 2006.(Mitchell v. CLM Trucking )
February 13, 2006... Byline: South Carolina Lawyers Weekly Staff Workers' Compensation Back Injury - Independent Contractor Where the claimant, who joined a trucking company and admitted to signing an independent contractor's agreement, suffered a back...

Charleston School of Law secures new building, presses toward accreditation.
February 20, 2006... Byline: Gregory Froom The dean of the Charleston School of Law is optimistic: applications are up, the school has secured a permanent building and the accreditation process is "right on track." One of the keys to the new law school's...

Supreme Court says claimant's widow couldn't get balance of comp benefits.(Stone v. Roadway Express and Old Republic Ins. Co.)
February 20, 2006... Byline: Gregory Froom The widow of a Greenville comp claimant was not entitled to the remainder of her husband's disability benefits after he died due to an unrelated illness, the Supreme Court has ruled. The reason: by statute,...

S.C. Bar Foundation honors attorneys with DuRant Awards.(Ernest A. Finney Jr. and Leo H. Hill, 2005 DuRant Distinguished Public Service Award)
February 20, 2006... Byline: South Carolina Lawyers Weekly Staff The S.C. Bar Foundation board of directors has named Ernest A. Finney Jr. and Leo H. Hill as the 2005 DuRant Distinguished Public Service Award recipients. The honors were conferred on Finney...

South Carolina Lawyers in the News: February 20, 2006.(Kenison & Dudley LLC appointed John T. Crawford)(Brian P. Murphy awarded)(Brief Article)
February 20, 2006... Byline: South Carolina Lawyers Weekly Staff Attorney John T. Crawford has become a member of the law firm of Kenison & Dudley, LLC. The firm, which has South Carolina offices in Greenville and Edisto Beach, has been renamed Kenison, Dudley...

Marguerite S. Willis elected to S.C. Women Lawyers Association board.
February 20, 2006... Byline: South Carolina Lawyers Weekly Staff Attorney Marguerite S. Willis, a member of Nexsen Pruet, PLLC, has been elected to the board of directors of the South Carolina Women Lawyers Association. The SCWLA installed Willis along...

Ralph McCullough II appointed to federal rules advisory position.(Court of Appeals for the 4th Circuit)(Brief Article)
February 20, 2006... Byline: South Carolina Lawyers Weekly Staff Charleston School of Law Provost Ralph McCullough II has been appointed by the chief judge of the U.S. Court of Appeals for the Fourth Circuit to chair the court's Rules Advisory Committee. ...

The five biggest marketing mistakes lawyers make.
February 20, 2006... Byline: Nora Lockwood Tooher Each year, law firms start out with the best of marketing intentions. But too often, they're tripped up by common mistakes. Whether it's wasting money on the wrong marketing events or hamstringing their...

Charlotte School of Law dean hits the ground running.(E. Eugene Clark)
February 20, 2006... Byline: SUSAN SHACKELFORD If moving halfway around the world weren't enough, the dean of the new Charlotte School of Law has found himself in another type of time warp since arriving in Charlotte, N.C. in mid-January. "It seems like...

Charlotte School of Law names new board member.(Leigh H. Taylor)(Brief Article)
February 20, 2006... Byline: South Carolina Lawyers Weekly Staff Charlotte School of Law has named Leigh H. Taylor to its board of trustees, according to a school press release. Taylor, the dean emeritus and professor of law emeritus at Southwestern Law...

Bill makes deadly force legal when defending property.(Protection of Persons and Property Act)(Brief Article)
February 20, 2006... Byline: South Carolina Lawyers Weekly Staff The House passed a bill Feb. 9 that lets residents use deadly force to defend their homes, business and vehicles against attackers without fear of being prosecuted or sued. The House...

Comp, medmal bills introduced in South Carolina.
February 20, 2006... Byline: Gregory Froom Changes to the workers' comp system as well as a bill that would allow heath care providers to apologize for "unanticipated outcomes" without admitting liability top the proposals floated since the 2006 legislative...

U.S. Court of Appeals 4th Circuit Case Summaries: February 20, 2006.(Deiter v. Microsoft Corp.)
February 20, 2006... Byline: South Carolina Lawyers Weekly Staff Consumer Protection Antitrust - Class Certification - 'Enterprise' Customer Exclusion In this antitrust litigation against Microsoft Corp., the District Court did not err in certifying a...

S.C. Supreme Court Case Summaries: February 20, 2006.
February 20, 2006... Byline: South Carolina Lawyers Weekly Staff Criminal Murder - Death Penalty - Post- Conviction Relief Where the respondent/petitioner contends the PCR court erred by denying him relief due to the state's failure to disclose...

S.C. Court of Appeals Case Summaries: February 20, 2006.
February 20, 2006... Byline: South Carolina Lawyers Weekly Staff Administrative Statute Repeal - Regulation Violation Where the defendants were convicted in magistrate's court of hunting deer over bait, and the Circuit Court affirmed the convictions,...

S.C. Court of Appeals Unpublished Case Summaries: February 20, 2006.(Federal Tort Claims Act)
February 20, 2006... Byline: South Carolina Lawyers Weekly Staff Arbitration Motion To Compel - Interstate Commerce - Federal Arbitration Act Where the appellant home inspector was sued by the respondent homeowners for problems associated with the...

Stegmaier named shareholder of Collins & Lacy law firm.(Christian Stegmaier)(Brief Article)
February 27, 2006... Byline: South Carolina Lawyers Weekly Staff Attorney Christian Stegmaier has been named a shareholder of the law firm Collins & Lacy, P.C. "Christian is one of the most capable and resourceful young lawyers I know," founding partner...

S.C. Court of Appeals Unpublished Case Summaries: February 27, 2006.
February 27, 2006... Byline: South Carolina Lawyers Weekly Staff Criminal Criminal Sexual Conduct - Severance Of Trial - Joinder Of Offenses Where the appellant, who was charged with CSC with a minor, first degree, and lewd act upon a child, argues...

S.C. Supreme Court gives lawyers deadline for getting e-mail addresses.
February 27, 2006... Byline: South Carolina Lawyers Weekly Staff Got e-mail? If so, you'd better let the Bar know and pronto. Appellate Rule 410(e) currently requires all active attorneys who practice in the unified court system to provide a current...

S.C. Court of Appeals upholds DUI license suspension when officer read consent form to suspect.
February 27, 2006... Byline: Michael Dayton Even though a Berkeley County DUI suspect neither read nor signed an implied consent form, his license could still be suspended because the arresting officer read the form to him, the Court of Appeals has ruled in an...

Buist, Byars, Pearce & Taylor opens new Kiawah, North Charleston offices.(Brief Article)
February 27, 2006... Byline: South Carolina Lawyers Weekly Staff Real estate law firm Buist, Byars, Pearce & Taylor, LLC recently opened new offices in Kiawah and North Charleston. The Kiawah office is in Freshfields Village, a pedestrian-friendly retail...

Ogletree Deakins expands, relocates in Charleston.(Ogletree, Deakins, Nash, Smoak and Stewart)(Brief Article)
February 27, 2006... Byline: South Carolina Lawyers Weekly Staff Ogletree, Deakins, Nash, Smoak & Stewart, P.C. has expanded its presence in Charleston. The firm's Charleston office has grown in size and has moved its operation into larger office space on...

Sweeny, Wingate & Barrow opens Pee Dee office.(Brief Article)
February 27, 2006... Byline: South Carolina Lawyers Weekly Staff The law firm of Sweeny, Wingate & Barrow, P.A., has opened an office in Hartsville on West Home Avenue. Managing partner Martin S. Driggers Jr. will oversee the new office. Sweeny,...

S.C. Appeals Court upholds benefits for trauma back injury to equipment operator.
February 27, 2006... Byline: Gregory Froom A Berkeley County heavy equipment operator whose machine jostled his back was entitled to workers' comp benefits for a repetitive trauma injury, the Appeals Court has ruled in an unpublished decision. The...

S.C. Lawyers in the News: February 27, 2006.(Luanne Runge appointed to Greater Greenville Chamber of Commerce and Rob Tyson, John Bradley and Daniel Hayes appointed to Sowell Gray Stepp and Laffitte, LLC)(Brief Article)
February 27, 2006... Byline: South Carolina Lawyers Weekly Staff Attorney Luanne Runge, a shareholder at Gallivan, White & Boyd, P.A., has been selected to serve on the Greater Greenville Chamber of Commerce 2006 board of directors as vice chair for workforce...

Greenville attorney Fred W. Suggs elected secretary of South Carolina Bar.(Brief Article)
February 27, 2006... Byline: South Carolina Lawyers Weekly Staff Greenville attorney Fred W. Suggs Jr. has been elected secretary of the South Carolina Bar. Suggs practices with the law firm of Ogletree, Deakins, Nash, Smoak & Stewart, P.C. He has...

S.C. Supreme Court Case Summaries: February 27, 2006.(State v. Morgan)
February 27, 2006... Byline: South Carolina Lawyers Weekly Staff Criminal Murder - Death Penalty - Remand For Resentencing Where we vacated the appellant's sentence of death based on Roper v. Simmons, 543 U.S. 551 (2005), we hold that, on remand, the...

Litigant late to S.C. Appeals Court.
February 27, 2006... Byline: Gregory Froom An auto tort plaintiff who arrived at the Charleston County courthouse moments after her case was dismissed has had her claim revived by the Court of Appeals. In a 2-1 decision handed down Feb. 21, the Appeals...

U.S. Court of Appeals 4th Circuit Case Summaries: February 27, 2006.(United States Constitution. 1st Amendment, United States Constitution. 8th Amendment)
February 27, 2006... Byline: South Carolina Lawyers Weekly Staff Bankruptcy Fraudulent Transfer - Bermuda Real Estate - Ch. 7 A U.S. Bankruptcy Court can avoid a constructively fraudulent transfer of real estate in Bermuda between the debtor, a U.S....

S.C. Court of Appeals Case Summaries: February 27, 2006.
February 27, 2006... Byline: South Carolina Lawyers Weekly Staff Contract Payment Bonds - Private Right Of Action - State Agency Where the appellant construction company sued the Department of Transportation and other for the unpaid contract price,...