South Carolina Lawyers Weekly articles from January 2004

South Carolina Lawyers Weekly archives from January 2004

S.C. Court of Appeals Unpublished Case Summaries: January 5, 2004.
January 5, 2004... Byline: South Carolina Lawyers Weekly Staff Contract Breach - Magistrate's Return Where the appellant's counterclaim for breach of contract was denied and the appellant timely filed a document purporting to be its notice of appeal...

S.C. Court of Appeals rules limitations period does not bar paternity suit.
January 5, 2004... Byline: Gregory Froom A Lexington County man must pay child support for his illegitimate, unemancipated adult daughter -- even though paternity wasn't established until she was in her 30s, the Court of Appeals has ruled in a...

S.C. Court of Appeals reverses summary judgment on injury suit over stray golf ball.
January 5, 2004... Byline: Gregory Froom A roofer's personal injury suit over a stray ball from a Goose Creek golf course can go forward, the Court of Appeals ruled Dec. 22. The appellate panel said the trial court's grant of summary judgment to the...

U.S. Court of Appeals 4th Circuit Case Summaries: January 5, 2004.
January 5, 2004... Byline: South Carolina Lawyers Weekly Staff Commercial Unregistered Securities - Rabbi Trust - Minister's Standing Where a Presbyterian minister and others claim they suffered severe financial losses at the hands of an investment...

S.C. Supreme Court Case Summaries: January 5, 2004.
January 5, 2004... Byline: South Carolina Lawyers Weekly Staff Civil Practice Automobile Accident - Motion to Restore to Docket - Rule 40(j) Where the Court of Appeals held that a motion to restore to the docket pursuant to Rule 40(j), SCRCP, must be...

S.C. Court of Appeals Case Summaries: January 5, 2004.
January 5, 2004... Byline: South Carolina Lawyers Weekly Staff Arbitration Breach of Contract - Service of Process Where the appellant contractor moved to vacate a previously obtained arbitration award and compel another arbitration, arguing it had...

S. C. Lawyers in the News: January 5, 2004.
January 5, 2004... Byline: South Carolina Lawyers Weekly Staff Columbia attorney Manton M. Grier has become a fellow of the American College of Trial Lawyers. Grier is a shareholder in the firm of Haynsworth Sinkler Boyd P.A. The induction ceremony took place...

South Carolina plaintiff can't use Rule 6(b) to extend time to restore case.
January 5, 2004... Byline: Michael Dayton A personal injury plaintiff who struck her case from the docket under Rule 40(j) -- and did not move to have it restored within one year -- could not save her lawsuit using the "good cause" provision of Rule 6(b),...

S.C. court orders driver's estate to pay $657,469 in suit over rear-end collision with log truck.
January 12, 2004... Byline: Gregory Froom The driver of a logging truck whose load was too long has been ordered to pay $657,469 in a wrongful death suit over a fatal rear-end accident on Interstate 20 near Camden. The plaintiff's decedent, John G....

Verdicts & Settlements-January 12, 2004: Insurance company prevails in attorney's bad faith suit.
January 12, 2004... Byline: South Carolina Lawyers Weekly Staff Defense Verdict Breach of insurance contract and bad faith failure to pay insurance benefits. Principal injuries (in order of severity): n/a Special damages: n/a Tried or...

S.C. Court of Appeals rules trial judge cannot increase award under 13th juror doctrine.
January 12, 2004... Byline: Gregory Froom A woman who was injured in a Florence County automobile accident could not have the amount of her jury award increased through the 13th juror doctrine, the Court of Appeals has ruled in an unpublished opinion. ...

Verdicts & Settlements-January 12, 2004: Trucker killed after collision with slow moving log truck.
January 12, 2004... Byline: South Carolina Lawyers Weekly Staff $657,469 Verdict Wrongful Death. Principal injuries (in order of severity): Death Special damages: Loss of earnings and family services, funeral expenses. Tried or Settled:...

S.C.-based Haynsworth Sinkler Boyd attorney named in the state's '20 under 40'.
January 12, 2004... Byline: South Carolina Lawyers Weekly Staff Dalhi N. Myers, special counsel with the firm of Haynsworth Sinkler Boyd, P.A, has been chosen as one of the Columbia Business Journal's inaugural "20 Under 40" for 2004, announced in the Jan. 5...

A South Carolina lawyer's handling of settlement money not malpractice.
January 12, 2004... Byline: Gregory Froom A Blythewood man could not recover on his legal malpractice claim against a West Columbia attorney over the distribution of proceeds from his dog bite injury settlement, the Appeals Court has ruled in an unpublished...

S.C. Court of Appeals Unpublished Case Summaries: January 12, 2004.
January 12, 2004... Byline: South Carolina Lawyers Weekly Staff Contract Breach of Implied and Express Warranties - Conspicuousness Where the respondents/appellants sued a car manufacturer, alleging breach of express and implied warranties in...

U.S. Court of Appeals 4th Circuit Case Summaries: January 12, 2004.
January 12, 2004... Byline: South Carolina Lawyers Weekly Staff Bankruptcy Dischargeability Of Debt - Tax Returns - Ch. 7 Where the debtor "just didn't get around to filing his" income tax returns in 1990 and 1992, and did not submit income tax...

S.C. Supreme Court Case Summaries: January 12, 2004.
January 12, 2004... Byline: South Carolina Lawyers Weekly Staff Criminal Sale of Urine With Intent to Defraud Drug Test - Directed Verdict Where the appellant, who was convicted of two counts of the sale of urine with the intent to defraud a drug or...

Grant Burns sworn in as president of Greenville Bar Association.
January 12, 2004... Byline: South Carolina Lawyers Weekly Staff Grant Burns, a member in the Greenville office of Nexsen Pruet Jacobs & Pollard, LLC, was recently sworn in as president of the Greenville County Bar Association. Burns, who previously served...

S.C. Court of Appeals rules trial judge cannot double damages under wage payment statute.
January 19, 2004... Byline: Michael Dayton A Charleston County trial judge erred in only doubling the $65,000 in unpaid wages that a jury awarded to the general manager of a car dealership, the Court of Appeals has ruled in an unpublished decision. The...

S.C. Court of Appeals Unpublished Case Summaries: January 19, 2004.
January 19, 2004... Byline: South Carolina Lawyers Weekly Staff Employment Contract Dispute - S.C. Payment of Wages Act - Doubling of Award Where an employee sued his employer, alleging damages for breach of contract and failure to pay wages, and the...

Nationally, large jury verdicts fell in 2003, according to Lawyers Weekly USA survey.
January 19, 2004... Byline: South Carolina Lawyers Weekly Staff Large jury awards to individual plaintiffs across the country fell dramatically in 2003, according to an annual survey conducted by Lawyers Weekly USA, a sister publication of South Carolina...

11 million-plus verdicts on 2004 Survey of Large Verdicts & Settlements.
January 19, 2004... Byline: Gregory Froom A $15 million verdict against the state Department of Transportation over a fatal accident at a confusing Spartanburg intersection tops the list of large verdicts and settlements reported to Lawyers Weekly since last...

U.S. Court of Appeals 4th Circuit Case Summaries: January 19, 2004.
January 19, 2004... Byline: South Carolina Lawyers Weekly Staff Schools IDEA - Learning- Disabled Student - Private School Tuition A District Court erred in concluding that the defendant school system failed to provide a "free appropriate public...

S.C. Supreme Court Case Summaries: January 19, 2004.
January 19, 2004... Byline: South Carolina Lawyers Weekly Staff Attorney Disciplinary Matter Admitted Misconduct - Public Reprimand Where the respondent admitted misconduct in connection with real estate closings, we accept the agreement for...

S.C. Court of Appeals Case Summaries: January 19, 2004.
January 19, 2004... Byline: South Carolina Lawyers Weekly Staff Contract Full and Fair Opportunity to Conduct Discovery - Summary Judgment Where the appellant, who was sued by her employer for tortious interference with contract and counterclaimed for...

South Carolina plaintiff, defense attorneys debate litigation trends.
January 19, 2004... Byline: Gregory Froom Although hard statistics are lacking on how outside influences like the economy and the tort reform debate have affected the opinions of jurors, some plaintiff's attorneys told Lawyers Weekly that they have become...

USC's Pro Bono Program receives Commission on Higher Education's Service Learning Award.
January 19, 2004... Byline: South Carolina Lawyers Weekly Staff The University of South Carolina's Pro Bono Program, a highly decorated community-service initiative operated through the School of Law, was presented the Commission on Higher Education's Service...

Verdicts & Settlements-January 19, 2004: Motorist injured in collision with horse wins suit.
January 19, 2004... Byline: South Carolina Lawyers Weekly Staff $1,260,411 Verdict The plaintiff was driving with her son when the car struck a horse on the roadway. Liability was established by way of summary judgment. Trial proceeded on damages only....

S.C. Bar's Ethics Committee rules non-specialist's use of 'bankruptcy' in trade name is okay.
January 19, 2004... Byline: Michael Dayton Even though an attorney was not a bankruptcy specialist, he could use "Midlands Bankruptcy Counselors" as a trade name, the Bar's Ethics Advisory Committee has ruled. Ethics Advisory Opinion 03-10 has these...

Verdicts & Settlements-January 19, 2004: Illegal Honduran immigrant settles comp case for $850,000.
January 19, 2004... Byline: South Carolina Lawyers Weekly Staff $850,000 Settlement Workers' Compensation Principal injuries (in order of severity): Paraplegia caused by fall. Special damages: Lifetime medical and lifetime benefits Tried or...

S.C. Court of Appeals Unpublished Case Summaries: January 26, 2004.
January 26, 2004... Byline: South Carolina Lawyers Weekly Staff Criminal Habitual Traffic Offender - Probation Revocation Where the appellant, a habitual traffic offender, argues the court erred in considering his arrest record in imposing the maximum...

S.C. Workers' Compensation Case Summaries: January 26, 2004.
January 26, 2004... Byline: South Carolina Lawyers Weekly Staff Workers' Compensation Knee Injury - Permanent Total Disability Where the claimant, who injured her left knee and developed problems with her right knee that resulted from overcompensating...

S. C. Lawyers in the News: January 26, 2004.
January 26, 2004... Byline: South Carolina Lawyers Weekly Staff Attorney Stephen R. Smoak was named as a partner in the firm of Savage, Royall & Sheheen, LLP on Jan. 1. Smoak graduated from the University of South Carolina School of Law. A Camden native, he...

Charleston attorney L. Dean Best named shareholder in Haynsworth Sinkler Boyd.
January 26, 2004... Byline: South Carolina Lawyers Weekly Staff Charleston attorney L. Dean Best was named a shareholder in the firm of Haynsworth Sinkler Boyd, P.A., on Jan. 5. An associate with the firm since 2000, Best is a graduate of the University...

Attorney Jeffrey D. Locker elected a member of South Carolina law firm Nexsen Pruet,.
January 26, 2004... Byline: South Carolina Lawyers Weekly Staff Attorney Jeffrey D. Locker has been elected a member of the law firm Nexsen Pruet, LLC, the firm announced Jan. 7. Locker has been working in the firm's Hilton Head office for the past three...

U.S. Court of Appeals 4th Circuit Case Summaries: January 26, 2004.
January 26, 2004... Byline: South Carolina Lawyers Weekly Staff Civil Practice Collateral Estoppel - Antitrust - Where a District of Columbia District Court in 1998 found Microsoft Corporation had illegally maintained a monopoly in the market of...

S.C. Court of Appeals Case Summaries: January 26, 2004.
January 26, 2004... Byline: South Carolina Lawyers Weekly Staff Criminal Juvenile - Guilty Plea - Waiver of Right to Counsel Where the appellant, who pled guilty to grand larceny and first degree burglary and was not represented by counsel at any of...

S.C. Workers' Compensation Court Case Summaries: January 26, 2004.
January 26, 2004... Byline: South Carolina Lawyers Weekly Staff Workers' Compensation Admitted Knee Injury - Temporary Total Disability Where the appellant claimant, who suffered an admittedly compensable injury to her left knee when she tripped and...

S.C. Supreme Court Case Summaries: January 26, 2004.
January 26, 2004... Byline: South Carolina Lawyers Weekly Staff Arbitration Dismissal of Appeal - Arbitrator's Order - Jurisdiction Where the Court of Appeals dismissed an appeal of an arbitrator's order on the grounds that it lacked jurisdiction,...

S.C. Court of Appeals rules non-attorney trustee can not represent trust in equity court.
January 26, 2004... Byline: Michael Dayton A non-attorney trustee could be barred from representing Rainbow Living Trust before a Spartanburg County trial court, the Court of Appeals has ruled in an unpublished decision. The trustee was acting on behalf...

New law dean of University of S.C. aims to reconstruct aging law school building.
January 26, 2004... Byline: Gregory Froom Replacing an outdated law school facility that was built in the era of typewriters and large lecture halls is high on the to-do list of the University of South Carolina's new law dean. "Legal education has changed...

S.C. Court of Appeals rules husband couldn't use Rule 60(b) to upset property division.
January 26, 2004... Byline: Gregory Froom A Lexington County man could not use Rule 60(b) to reopen an equitable division award, even though he discovered evidence that called into question whether his wife's retirement plan should have been included in the...