South Carolina Lawyers Weekly articles from February 2007

South Carolina Lawyers Weekly archives from February 2007

Greenville-based law firm names two members, adds two new associates.(Wyche Burgess Freeman and Parham, P.A.)(William M. Wilson III and Matthew T. Richardson)(John S. Harvey and David H. Koysza )
February 5, 2007... Byline: South Carolina Lawyers Weekly Staff Attorneys William M. Wilson III and Matthew T. Richardson have been invited to membership in the Greenville-based law firm of Wyche Burgess Freeman & Parham, P.A. John S. Harvey and David H....

'Memory Hold The Door' ceremony held in Charleston, South Carolina.(Brief article)
February 5, 2007... Byline: South Carolina Lawyers Weekly Staff The Memory Hold the Door ceremony, which honors prestigious past lawyers who practiced with honor and distinction, was held at the annual South Carolina Bar meeting in Charleston late last month....

Doctors' individual goodwill could not be included in valuation of medical practice.(Keane v. Lowcountry Pediatrics)
February 5, 2007... Byline: Gregory Froom The goodwill of individual doctors should not have been factored into the valuation of a Beaufort pediatrics practice, the Court of Appeals has ruled in a first-impression decision. The 2-1 ruling upset a $325,296...

Chief Justice Jean Hoefer Toal: S.C. judiciary plagued by insufficient funding, backlogs.
February 5, 2007... Byline: Gregory Froom Long backlogs and short funds were the focus of Chief Justice Jean Hoefer Toal's State of the Judiciary update during the State Bar's annual meeting in Charleston late last month. "Judicial branch funding...

S.C. Bar president issues 'call to arms' on Rule 608 funding.(South Carolina)(Bradish J. "Brad" Waring)
February 5, 2007... Byline: Gregory Froom Bar President Bradish J. "Brad" Waring says South Carolina's system of providing court-appointed attorneys for the indigent has reached crisis level. In a Jan. 25 address to the Bar's House of Delegates, Waring...

S.C. Supreme Court rejects apportionment in coverage dispute between successive comp carriers.(South Carolina)
February 5, 2007... Byline: Gregory Froom Responsibility for a Georgetown County woman's comp benefits could not be divided between the insurer that her employer was using when her first accident happened and the carrier whose policy was in force at the time...

S.C. Bar delegates adopt measure to allow service of process by private delivery companies.
February 5, 2007... Byline: South Carolina Lawyers Weekly Staff A recommendation that supports allowing service of process by private delivery companies instead of the U.S. Post Office was among the resolutions passed by the Bar's House of Delegates during the...

S.C. Court of Appeals Case Summaries: February 5, 2007.(Keane v. Lowcountry Pediatrics, P.A.)(Brownlee v. DHEC )
February 5, 2007... Byline: South Carolina Lawyers Weekly Staff Corporate Dissolution - Appraisal - Goodwill - Valuation Where the appellant pediatric practice argues the trial court erred in including the value of the physicians' individual goodwill...

S.C. Supreme Court Case Summaries: February 5, 2007.(Cannon v. S.C. Dept. of Probation, Parole and Pardon Services)(Lee County School District Board of Trustees v. MLD Charter School Academy Planning Committee)(Geathers v. 3V, Inc.)
February 5, 2007... Byline: South Carolina Lawyers Weekly Staff Criminal DNA Identification Record Database Act - Sample Submission Where the Court of Appeals found the petitioner was required to submit a DNA sample for inclusion in the state's DNA...

U.S. Court of Appeals 4th Circuit Case Summaries: February 5, 2007.(Bacon v. City of Richmond)(Gilliam v. S.C. Dep't of Juvenile Justice )
February 5, 2007... Byline: South Carolina Lawyers Weekly Staff Civil Rights Disability Discrimination - ADA - Retrofitting - Public Schools The City of Richmond, Va., is not required to fund a federal court order mandating system-wide retrofitting of...

S.C. Lawyers in the News: February 12, 2007.(South Carolina)
February 12, 2007... Byline: South Carolina Lawyers Weekly Staff McAngus Goudelock & Courie Elects Five New Members Attorneys Chad Abramson, Regan Ankney, Jason Lockhart, Brian O'Keefe and J.D. Smith have been elected as members of the law firm of...

Law Firm of Smith and Griffith Founded in Anderson.(G.W. King Smith and John P. Griffith )(Brief article)
February 12, 2007... Byline: South Carolina Lawyers Weekly Staff Attorneys G.W. King Smith and John P. Griffith have opened a new law firm known as Smith and Griffith, L.L.P. The offices are on North Main Street in Anderson. Smith primarily focuses his...

S.C. Court of Appeals upholds summary judgment on condo owners' toxic mold claims.(South Carolina)(Roland et al. v. Heritage Litchfield, Inc. et al.)(Case overview)
February 12, 2007... Byline: Gregory Froom Owners of 11 Litchfield Beach condos were entitled to summary judgment on their toxic mold claims despite defense arguments that causation and the extent of the problem were in dispute, the Appeals Court ruled Feb. 5....

S.C. Supreme Court adopts prospective liability for social hosts who serve underage drinkers.
February 12, 2007... Byline: Gregory Froom Social hosts can be held liable for damages caused by the underage drinkers they serve, the Supreme Court said in a 4-1 opinion that recognized a new common law duty. The Feb. 5 opinion explicitly sets out a new...

Bar delegates support building in downtown Columbia, not on outskirts.
February 12, 2007... Byline: Gregory Froom Suburban supporters challenged the view that a new Bar building should be located in Columbia's city center during the Bar's House of Delegates meeting late last month in Charleston. A voice vote settled the...

S.C. Court of Appeals Case Summaries: February 12, 2007.
February 12, 2007... Byline: South Carolina Lawyers Weekly Staff Criminal Criminal Sexual Conduct - Witness Coaching - Fair Trial Where the respondent was convicted of first-degree CSC with a minor, the trial judge properly granted the respondent's new...

S.C. Supreme Court Case Summaries: February 12, 2007.
February 12, 2007... Byline: South Carolina Lawyers Weekly Staff Criminal PCR - Second Offender - Ineffective Assistance of Counsel Where the respondent argues that he would not have pled guilty had he known he would be sentenced as a second offender,...

U.S. Court of Appeals 4th Circuit Case Summaries: February 12, 2007.
February 12, 2007... Byline: South Carolina Lawyers Weekly Staff Civil Rights Public Employee - Undercover Officer - Sex Discrimination - Qualified Immunity A sheriff is entitled to summary judgment based on qualified immunity in a female former...

Non-Qualified Structured Settlements: More Cash For You - Less For The IRS.(Internal Revenue Service)
February 19, 2007... Byline: KELLY RAMSDALE How many times have we heard that we live in a litigious age? People are suing each other for just about everything. Some cases are sensationalized and ridiculous, but most are genuine cases where someone was...

South Carolina Lawyers in the News: February 19, 2007.(Jermaine Johnson, Lyn Odom and Christine Sloan appointed)(Leslie S. Riley appointed)(John T. Lay Jr. elected)
February 19, 2007... Byline: South Carolina Lawyers Weekly Staff Womble Carlyle Welcomes Experienced Greenville Lawyers Attorneys Jermaine Johnson, Lyn Odom and Christine Sloan have joined the firm of Womble Carlyle Sandridge & Rice, PLLC in its Greenville...

Lawyers in the News.(John T. Lay Jr. of Ellis Lawhorne & Sims, P.A. elected to American Board of Trial Advocates)(Johnston Cox elected to Federation of Defense and Corporate Counsel)(Brief article)
February 19, 2007... Byline: South Carolina Lawyers Weekly Staff Attorney John T. Lay Jr., a shareholder at the law firm of Ellis Lawhorne & Sims, P.A., has been elected to the American Board of Trial Advocates. A. Johnston Cox, also a shareholder at Ellis...

Court: Contractors must get comp insurance proof before each new project.(Smith Construction)
February 19, 2007... Byline: Gregory Froom A Myrtle Beach construction company that routinely subcontracted jobs to a framer had to get a certificate of workers' comp insurance from the sub before each project began, the Appeals Court has ruled in an apparent...

Rocky Mountain spotted fever victim wins $2.45M in Medmal suit.(House v. Greenville Gynecology Group P.A., Coleman and Slyder, Civil Action No. 05-CP-23-3730)
February 19, 2007... Byline: Gregory Froom A Pelzer woman whose Rocky Mountain spotted fever went untreated -- leading to organ failure and gangrene in her toes and fingers -- has won a $2.45 million verdict against a Greenville gynecology nurse practitioner....

Property owners lose right to compensation for decreased access.
February 19, 2007... Byline: Gregory Froom Property owners who claim their land was devalued by highway realignments can no longer recover for their "special injuries" if they retain at least some access to abutting roads, the Supreme Court ruled Feb. 12. ...

E-Mail Newsletters: An Easy, Effective Way To Connect With Clients.
February 19, 2007... Byline: NORA LOCKWOOD TOOHER Many lawyers — especially those in small law firms — hesitate to develop e-mail newsletters because they're concerned about the amount of work involved. They needn't worry, said Trey Ryder, a...

S.C. Court of Appeals Case Summaries: February 19, 2007.(South Carolina)(Hardee v. McDowell )
February 19, 2007... Byline: South Carolina Lawyers Weekly Staff Workers' Compensation Subcontractor - Certificate Of Insurance - Policy Cancellation Where the appellant construction company argues the commission erred by requiring a contractor to...

S.C. Court of Appeals Unpublished Case Summaries: February 19, 2007.(United Farm Bureau Family Life Insurance Co.)(Lady's Island Middle School)
February 19, 2007... Byline: South Carolina Lawyers Weekly Staff Insurance Homeowners Policy - Intentional Fire - Innocent Coinsured Where the appellant appeals the master's holding that she was not entitled to recover insurance proceeds under a...

S.C. Supreme Court Case Summaries: February 19, 2007.(South Carolina)(State v. Turner)(Hardin v. S.C. Dept. of Transp.)
February 19, 2007... Byline: South Carolina Lawyers Weekly Staff Criminal Marijuana Trafficking - Tape Recording - Motion To Suppress Where the appellant argues the trial court erred in refusing to suppress a tape recording made while he and his...

U.S. Court of Appeals 4th Circuit Case Summaries: February 19, 2007.(Baltimore Marine Industries Inc. and Maersk Line)
February 19, 2007... Byline: South Carolina Lawyers Weekly Staff Bankruptcy Government Contractor Debtor - Bankruptcy Estate - Subcontractor Payments A Bankruptcy Court erred in directly paying to a subcontractor of the debtor, a government...

Verdicts & Settlements February 19, 2007: Woman recovers $4.5M in med-mal suit.(Brief article)
February 19, 2007... Byline: South Carolina Lawyers Weekly Staff $2.45 Million Verdict Principal injuries (in order of severity): Amputation of fingers and toes. Special damages: n/a Tried or settled: Tried County where tried or settled:...

Attorney Fred W. Suggs Jr. elected treasurer of South Carolina Bar.(Brief article)
February 26, 2007... Byline: South Carolina Lawyers Weekly Staff Attorney Fred W. Suggs Jr. has been elected treasurer of the South Carolina Bar. Suggs is a shareholder with the law firm of Ogletree, Deakins, Nash, Smoak & Stewart, P.C. and practices in...

Ellis Lawhorne adds environmental lawyer to firm.(Jessica J. O. King joined Ellis, Lawhorne and Sims, P.A.)(Brief article)
February 26, 2007... Byline: South Carolina Lawyers Weekly Staff Attorney Jessica J. O. King has become of counsel to the law firm of Ellis, Lawhorne & Sims, P.A. She is a member of the firm's litigation and dispute resolution practice group and the...

Charleston attorney Philip Lader named Smithsonian American History Museum trustee.(Brief article)
February 26, 2007... Byline: South Carolina Lawyers Weekly Staff Attorney Philip Lader, a Charleston-based partner in the law firm of Nelson Mullins Riley & Scarborough, has been named a trustee of the Smithsonian National Museum of American History. ...

Appeals Court rules lawyer owed duty to pay escrow funds to third party under assignment.
February 26, 2007... Byline: Gregory Froom A Sumter lawyer owed a duty to disburse funds from a client's escrow account to a third party under an assignment he drafted, the Appeals Court ruled in a first-impression decision. The lawyer said he forgot or...

S.C. Supreme Court rules salesman struck on highway can recover workers' comp benefits.
February 26, 2007... Byline: Gregory Froom A textile machinery parts salesman who was struck by a pickup while clearing debris from a Laurens County highway could recover workers' comp benefits -- even though road maintenance was not among his job duties, the...

S.C. Supreme Court suspends $50 filing fee for ads.
February 26, 2007... Byline: Gregory Froom The Supreme Court has put on hold a requirement that lawyers pay a $50 fee when filing advertising materials with the Commission on Lawyer Conduct. In an order issued Feb. 15, the justices suspended the fee while...

Supreme Court of South Carolina: Full text of Rule 7.2.
February 26, 2007... Byline: South Carolina Lawyers Weekly Staff The Supreme Court of South Carolina RE: Suspension of Fee Required by Rule 7.2(b) of the Rules of Professional Conduct, Rule 407, SCACR. ORDER By order dated June 20, 2005, we...

S.C. Court of Appeals Case Summaries: February 26, 2007.(South Carolina )
February 26, 2007... Byline: South Carolina Lawyers Weekly Staff Criminal Drug Possession - Waiver Of Right To Counsel Where the appellant was tried in abstentia and without counsel for various drug charges, the Circuit Court properly held the...

S.C. Court of Appeals Unpublished Case Summaries: February 26, 2007.(Bewersdorf v. S.C. Dept. of Public Safety )(Brief article)
February 26, 2007... Byline: South Carolina Lawyers Weekly Staff Negligence Public Duty Rule - Livestock - Motorcycle Accident Where the appellants sued the South Carolina Department of Public Safety and the county after the appellant husband hit a cow...

S.C. Supreme Court Case Summaries: February 26, 2007.
February 26, 2007... Byline: South Carolina Lawyers Weekly Staff Attorney Disciplinary Matter Real Estate - Non- Lawyer Assistants - Indefinite Suspension Where the respondent admitted misconduct in connection with various real estate transactions, we...

U.S. Court of Appeals 4th Circuit Case Summaries: February 26, 2007.
February 26, 2007... Byline: South Carolina Lawyers Weekly Staff Criminal Miranda Warnings - Mother's Questions - Firearms Charge A District Court erred in suppressing the defendant's statements made in response to his mother's questions about what...