South Carolina Lawyers Weekly articles from January 2005

South Carolina Lawyers Weekly archives from January 2005

South Carolina Court of Appeals rules unusual I.V. pain triggered limitations period on medmal claim.(medical malpractice)(intravenous needle)
January 10, 2005... Byline: Michael Dayton Where an emergency room patient felt abnormal pain when an I.V. needle was inserted, and a nurse apologized for hitting "the wrong thing," the patient was on notice of a potential claim against the hospital, the...

Tort reform, gay marriage prohibition among pre-filed bills for S. Carolina's legislative session.(South Carolina)
January 10, 2005... Byline: Gregory Froom Measures designed to thwart same-sex marriages and several tort reform proposals are among the bills that have been pre-filed for the upcoming legislative session. The General Assembly is scheduled to reconvene in...

S. Carolina Supreme Court rules order disqualifying plaintiff's attorney immediately appealable.
January 10, 2005... Byline: Gregory Froom A trial court order that disqualified a Lowcountry man's attorney in an auto tort case was immediately appealable, the Supreme Court has ruled in a first-impression decision. The plaintiff's right to choose his...

4th U.S. Circuit Court of Appeals Case Summaries January 10, 2005.
January 10, 2005... Byline: South Carolina Lawyers Weekly Staff Search & Seizure Mail Box Drop - Drug Shipment - Probable Cause Although the defendant was neither the lessee of a mailbox at Mail Boxes Etc. nor the addressee of a package he retrieved...

S.C. Supreme Court Case Summaries January 10, 2005.
January 10, 2005... Byline: South Carolina Lawyers Weekly Staff Criminal Accessory Before the Fact - Directed Verdict Where the PCR court ruled that the respondent's counsel was ineffective for failing to request a directed verdict for the accessory...

S.C. Court of Appeals Case Summaries January 10, 2005.
January 10, 2005... Byline: South Carolina Lawyers Weekly Staff Tort Medical Negligence - Statute of Limitations - Tort Claims Act Where the appellant, who experienced pain in his wrist on May 2, 2000 when he was given an I.V., was informed by an...

S.C. Court of Appeals Unpublished Case Summaries January 10, 2005.
January 10, 2005... Byline: South Carolina Lawyers Weekly Staff Contract Breach - Standard of Review Where the respondent church was awarded damages by the magistrate court in its breach of contract action against the appellant contractor, the...

Attorney disciplinary matters: Should a lawyer retain counsel?
January 24, 2005... Byline: Elizabeth Battle This year as many as 1,400 attorneys will likely face grievances filed by disgruntled clients, but nearly of all of those complaints will eventually be dismissed as without merit, statistics show. Even a...

South Carolina had eight $1 million-plus verdicts, settlements on 2005 Lawyers Weekly Survey.
January 24, 2005... Byline: Gregory Froom A $10.1 million verdict in a lawsuit over negligent misrepresentations in the sale of a Rock Hill mill tops the list of large verdicts and settlements reported to Lawyers Weekly since last January. South Carolina...

U.S. Court of Appeals 4th Circuit Case Summaries - January 24, 2005.
January 24, 2005... Byline: South Carolina Lawyers Weekly Staff Employment ERISA - Benefits Due - Unpaid Wages In this action filed by 22 employees against their employer and various company officers alleging a cause of action for benefits pursuant...

S.C. Supreme Court Case Summaries: January 24, 2005.
January 24, 2005... Byline: South Carolina Lawyers Weekly Staff Criminal Burglary - Post- Conviction Relief - Double Jeopardy Where the petitioner argued trial counsel was ineffective for advising him to plead guilty to first and second-degree...

S.C. Court of Appeals Case Summaries: January 24, 2005.
January 24, 2005... Byline: South Carolina Lawyers Weekly Staff Real Property Exclusive Use - Non-navigable Body of Water - Damages Where the parties, who are neighboring landowners whose land surrounds a pond, dispute who among them has the right to...

S.C. Court of Appeals Case Summaries (Unpublished): January 24, 2005.
January 24, 2005... Byline: South Carolina Lawyers Weekly Staff Contract Breach - Credit Card Agreement - Attorney Sanctions Where the appellant bank, who sued the defendants for breach of contract after they defaulted on their credit card agreement,...

Risk management for commercial real estate lawyers.
January 24, 2005... Byline: South Carolina Lawyers Weekly Staff As a real estate lawyer are you often asked to provide risk management advice to your clients? Here are a few scenarios that your tenant clients might face. Your clients can't run their...

Verdicts & Settlements Jan. 24, 2005: Buyer of textile plant wins negligent misrepresentation suit.
January 24, 2005... Byline: South Carolina Lawyers Weekly Staff $10.1 Million Verdict Principal injuries (in order of severity): Loss of benefit of bargain to operate profitable textile plant; foreclosure of mortgages, sale of mortgaged premises and...

Verdicts & Settlements Jan. 24, 2005: Plaintiff wins suit against fabricator over faulty billboards.
January 24, 2005... Byline: South Carolina Lawyers Weekly Staff $6.5 Million Verdict Negligence, breach of contract and breach of implied warranty. Principal injuries (in order of severity): Future profits, damage to real property and costs of three...

Verdicts & Settlements Jan. 24, 2005: Store manager wins premises liability suit.
January 24, 2005... Byline: South Carolina Lawyers Weekly Staff $5,981,690 Verdict Trip/fall; Premises liability. Principal injuries (in order of severity): Two ruptured discs and shoulder injuries (RCT), requiring surgeries. Special damages:...

Verdicts & Settlements Jan. 24, 2005: Plaintiff settles med-mal claim over brain-damaged baby.
January 24, 2005... Byline: South Carolina Lawyers Weekly Staff $3.3 Million Settlement Medical malpractice. Principal injuries (in order of severity): Brain damage to baby due to prolonged fetal distress. Special damages: n/a Tried or...

Verdicts & Settlements Jan. 24, 2005: Estate settles fatal accident claim with work truck operator.
January 24, 2005... Byline: South Carolina Lawyers Weekly Staff $2.3 Million Settlement Commercial vehicle accident. Principal injuries (in order of severity): Death. Special damages: n/a Tried or Settled: Settled County where tried or...

Verdicts & Settlements Jan. 24, 2005: Plaintiff's bile duct sutured together during operation.
January 24, 2005... Byline: South Carolina Lawyers Weekly Staff $1.5 Million Settlement Medical malpractice. Principal injuries (in order of severity): Bile duct sutured together during laparoscopic cholecystectomy. Special damages: n/a ...

Verdicts & Settlements Jan. 24, 2005: Passenger paralyzed in single-car wreck settles dram shop case.
January 24, 2005... Byline: South Carolina Lawyers Weekly Staff $1.08 Million Settlement. Principal injuries (in order of severity): Quadriplegia. Special damages: Past medicals: $250,000. Future medicals: $6 million to $11 million. Past lost wages...

Verdicts & Settlements Jan. 24, 2005: Physician settles claim over blood thinner monitoring.
January 24, 2005... Byline: South Carolina Lawyers Weekly Staff $1 Million Settlement Principal injuries (in order of severity): Brain hemorrhage; cognitive deficits; memory loss; IQ impairment; loss of employment. Special damages: Testing revealed...

Verdicts & Settlements Jan. 24, 2005: Woman murdered after company removed suspect's elec. monitor.
January 24, 2005... Byline: South Carolina Lawyers Weekly Staff $975,000 Settlement Negligence. Principal injuries (in order of severity): Death. Special damages: n/a Tried or Settled: Settled. County where tried or settled: Pickens ...

Verdicts & Settlements Jan. 24, 2005: Plaintiff settles med-malpractice claim over misdiagnosis.
January 24, 2005... Byline: South Carolina Lawyers Weekly Staff $750,000 Settlement Medical malpractice. Principal injuries (in order of severity): Misdiagnosis of cancer. Special damages: n/a Tried or Settled: Mediated settlement County...

Verdicts & Settlements Jan. 24, 2005: Claim settled over severed nerve during surgery.
January 24, 2005... Byline: South Carolina Lawyers Weekly Staff $750,000 Settlement Medical malpractice. Principal injuries (in order of severity): Plaintiff's obturator nerve severed during laparoscopic bladder neck suspension surgery. Special...

New Charleston law school surpasses founders' expectations.
January 31, 2005... Byline: Gregory Froom A year ago the new Charleston School of Law had no building, no faculty and no students. Twelve months later the law school's inaugural class has started its second semester in an historic downtown railroad depot...

S. Carolina Supreme Court says third-party defendant couldn't get set-off for comp benefits.(South Carolina)(compensation)
January 31, 2005... Byline: Michael Dayton A utility company that was sued by a construction worker over a water line explosion could not assert a set-off based upon the workers' compensation benefits that his employer paid, the Supreme Court ruled Jan. 24....

U.S. Court of Appeals 4th Circuit Case Summaries: January 31, 2005.
January 31, 2005... Byline: South Carolina Lawyers Weekly Staff Civil Practice Abstention - Younger Doctrine - Garbage Disposal Contract A West Virginia District Court erred in abstaining from deciding this litigation in which an Ohio-based solid...

S.C. Supreme Court Case Summaries: January 31, 2005.
January 31, 2005... Byline: South Carolina Lawyers Weekly Staff Attorney Disciplinary Matter Admitted Misconduct - Assault and Battery - Indefinite Suspension Where the respondent was convicted for assault and battery of a high and aggravated nature,...

S.C. Court of Appeals Case Summaries: January 31, 2005.
January 31, 2005... Byline: South Carolina Lawyers Weekly Staff Contract Statute of Limitations - Sealed Instruments - Intent Where the appellant shipbuilder seeks to invoke the 20-year statute of limitations applicable to "sealed instruments,"...

S.C. Court of Appeals Unpublished Case Summaries: January 31, 2005.
January 31, 2005... Byline: South Carolina Lawyers Weekly Staff Criminal Fraudulent Checks - Restitution - Consecutive Sentences Where the appellant, who was sentenced in magistrate's court to 44 consecutive 30-day sentences on fraudulent check...

S.C. Lawyers In The News: January 31, 2005.
January 31, 2005... Byline: South Carolina Lawyers Weekly Staff Attorney Leslie D. Sullivan has been named of counsel at the law firm of Elmore & Wall, P.A., and Lewis Warren Clayton III has joined the firm's Greenville office. Sullivan was in private...