South Carolina Lawyers Weekly articles from January 2006

South Carolina Lawyers Weekly archives from January 2006

Eminent domain, anti-price gouging measures among pre-filed bills in S.C.(South Carolina)
January 9, 2006... Byline: Gregory Froom A 2005 U.S. Supreme Court decision that upheld the use of eminent domain to condemn land for redevelopment projects has prompted a string of bills aimed at softening the ruling's impact in South Carolina. Several...

Verdicts & Settlements January 9, 2006: Wrong insulin dose results in $1.05M nursing home verdict.
January 9, 2006... Byline: Gregory Froom The estate of a diabetic woman whose blood sugar plummeted after she was injected with another patient's insulin has won a $1.05 million verdict against the Upstate nursing home where she resided. The estate...

S.C Supreme Court rules meaningful UIM offer not presumed where agent, not insured, completed form.(South Carolina)(Underinsured motorist insurance)
January 9, 2006... Byline: Gregory Froom An auto insurer whose agent filled out an offer form for an applicant was not entitled to a presumption that it made a meaningful offer of UIM coverage even though the paperwork otherwise met statutory requirements,...

Palmetto Paralegal Association elects new executive board.(Brief Article)
January 9, 2006... Byline: South Carolina Lawyers Weekly Staff The Palmetto Paralegal Association has announced its 2006 executive board. The following members will be managing the association for the upcoming year: * President: Tina Perkins. ...

S.C. Lawyers In The News: January 9, 2006.(South Carolina )(Thomas W. Epting been promoted at United States Air Force Reserves)(Brief Article)
January 9, 2006... Byline: South Carolina Lawyers Weekly Staff Greenville lawyer Thomas W. Epting was recently promoted to lieutenant colonel in the United States Air Force Reserves. Epting is a judge advocate in the Judge Advocate General's Corps and has...

Clark Law Firm moves office to downtown Sumter.(Brief Article)
January 9, 2006... Byline: South Carolina Lawyers Weekly Staff The Clark Law Firm, LLC relocated its practice to a new building in Sumter's revitalized downtown earlier this month. The new office is located on East Liberty Street where partners John D....

Charleston attorney to chair creditors' rights section of Commercial Law League.(Robert A. Bernstein)(Brief Article)
January 9, 2006... Byline: South Carolina Lawyers Weekly Staff Charleston attorney Robert A. Bernstein, of Bernstein & Bernstein, P.A., was recently elected chairman of the Commercial Law League of America's creditors' rights section. The creditors'...

IRS to perform more audits.(Internal Revenue Service)
January 9, 2006... Byline: Correy E. Stephenson In an effort to boost compliance with tax laws and regulations, the IRS recently announced that it would increase the number of audits it will conduct in the next fiscal year. But the audit increase is just...

Verdicts & Settlements January 9, 2006: Nursing home patient's estate wins verdict in neglect case.(Brief Article)
January 9, 2006... Byline: South Carolina Lawyers Weekly Staff $1.05 Million Verdict Principal injuries (in order of severity): Insulin shock resulting in brain damage; dehydration; falls; neglect. Special damages: n/a Tried or settled: Tried...

Verdicts & Settlements January 9, 2006: Terminated employee wins Family and Medical Leave Act suit.(Brief Article)
January 9, 2006... Byline: South Carolina Lawyers Weekly Staff $29,500 Verdict The plaintiff was discharged at a time when she was authorized to be on FMLA leave. Principal injuries (in order of severity): Lost wages and benefits. Special...

U.S. Court of Appeals 4th Circuit Case Summaries: January 9, 2005.(case regarding failure to pay income tax)(case regarding bankruptcy)(case regarding product liability)
January 9, 2006... Byline: South Carolina Lawyers Weekly Staff Attorneys Disbarment - Income Tax A lawyer who filed income tax returns, but failed to pay income taxes, was not guilty of a "serious crime" within the meaning of Federal Rule of...

S.C. Supreme Court Case Summaries: January 9, 2006.(South Carolina)
January 9, 2006... Byline: South Carolina Lawyers Weekly Staff Civil Practice Subpoena Duces Tecum - Motion To Quash - Appealability Where the appellant bank appeals a lower court order quashing a subpoena duces tecum, which the bank issued to a...

S.C. Court of Appeals Unpublished Case Summaries: January 9, 2006.(South Carolina )
January 9, 2006... Byline: South Carolina Lawyers Weekly Staff Criminal Murder - Habeas Corpus Where the appellant was convicted of murder, criminal conspiracy and kidnapping, the trial court properly refused to grant the appellant's alternate...

Verdicts & Settlements January 16, 2006: Credit union CEO settles employment contract dispute.(Cody v. Heritage Trust Federal Credit Union, AAA No. 31 166 00203 04)
January 16, 2006... Byline: South Carolina Lawyers Weekly Staff $816,468 Arbitration Award Arbitration of employment dispute. Principal injuries (in order of severity): Breach of employment contract and failure to pay severance package provided for by...

S.C. Appeals Court rules trooper's opinion on accident was properly excluded.(McDill v. Mark's Auto Sales, Inc., Trooper Williams)
January 16, 2006... Byline: Michael Dayton A Highway Trooper who investigated a two-car collision in Florence County could testify about what one driver told him after the accident but his opinion on who was at fault was properly excluded at trial, the...

S.C. Appeals Court rules landowner lacked duty to trim tree back from stop sign.(South Carolina)
January 16, 2006... Byline: Gregory Froom A Greenville County landowner could not be held liable for failing to cut back a tree on his property that obscured a stop sign even though he had pruned it in the past, the Appeals Court ruled Jan. 9. The...

4th Circuit rules no per se conflict based on reservation of rights letter.(Ben Arnold-Sunbelt Beverage)
January 16, 2006... Byline: Gregory Froom A conflict did not automatically arise when insurance companies issued a reservation of rights letter in their defense of sexual harassment claims filed against a South Carolina alcoholic beverage distributor, the...

S.C. Lawyers in the News: January 16, 2006.(South Carolina )(H. Manning Unger joins Moore & Van Allen )(Barbara A. Chesley and Eugene H. Matthews joins Richardson, Plowden, Carpenter & Robinson)(Douglas J. Rosinski joins Ogletree, Deakins, Nash, Smoak & Stewart)
January 16, 2006... Byline: South Carolina Lawyers Weekly Staff The law firm of Moore & Van Allen recently elected H. Manning Unger as a new partner in its Charleston office. Unger practices in the areas of commercial real estate, business, mergers and...

Greenville attorney Betty Derrick named in survey of Fortune 1000 corporate counsel.(BTI Consulting Group's Client Service All-Star Team)(Brief Article)
January 16, 2006... Byline: South Carolina Lawyers Weekly Staff Greenville attorney Betty Derrick has been named based on a client nomination during a survey of Fortune 1000 corporate counsel to the BTI Consulting Group's Client Service All-Star Team. ...

U.S. Court of Appeals 4th Circuit Case Summaries: January 16, 2006.
January 16, 2006... Byline: South Carolina Lawyers Weekly Staff Contract Arbitration - Panel - Single Arbitrator - Commercial Dispute Where the parties entered into a "definitive settlement agreement" to resolve years-long litigation arising from...

S.C. Supreme Court Case Summaries: January 16, 2006.(South Carolina)(burglary case)(driving while intoxicated case)(child custody case)
January 16, 2006... Byline: South Carolina Lawyers Weekly Staff Attorney Disciplinary Matter Transition - Client Protection - Admitted Misconduct Where the respondent admitted misconduct in various matters, including failing to protect his clients...

S.C. Court of Appeals Case Summaries: January 16, 2006.(South Carolina)(breach of contract, fraud and negligence case)(cocaine trafficking case)(automobile accident case)
January 16, 2006... Byline: South Carolina Lawyers Weekly Staff Contract Breach - Negligent Misrepresentation - Election Of Remedies Where the respondent homeowners, who sued the appellant home manufacturer for negligent misrepresentation and breach...

Verdicts & Settlements January 16, 2006: Condo owners recover for board's alleged failures.(Schneider, class action v. Bohicket Homeowners Association Board of Directors)(Brief Article)
January 16, 2006... Byline: South Carolina Lawyers Weekly Staff $1.25 Million Verdict Type of Action: Negligence, Breach of fiduciary duty Injuries Alleged: Increased cost to correct construction defects Name of Case: Schneider, class action v....

Verdicts & Settlements January 16, 2006: Rendering plant settles odor nuisance suit.(Watson v. Valley Proteins, Inc.)(Brief Article)
January 16, 2006... Byline: South Carolina Lawyers Weekly Staff $3.05 Million Settlement Class action alleging nuisance created by rendering releasing foul odors in community. Principal injuries (in order of severity): Annoyance, inconvenience and...

Verdicts & Settlements January 16, 2006: Shopper wins verdict against retailer.(Brief Article)
January 16, 2006... Byline: South Carolina Lawyers Weekly Staff $1.2 Million Verdict False arrest/imprisonment; malicious prosecution; slander; outrageous conduct. Principal injuries (in order of severity): Emotional distress, humiliation, injury to...

Verdicts & Settlements January 16, 2006: School district settles racial harassment lawsuit.(Brief Article)
January 16, 2006... Byline: South Carolina Lawyers Weekly Staff $50,000 Mediated Settlement Action by a white, male, first-year middle school teacher against the school principal, associate superintendent and Charleston County School District for the...

Verdicts & Settlements January 16, 2006: Toy co. settles claim over injuries caused by product.(Brief Article)
January 16, 2006... Byline: South Carolina Lawyers Weekly Staff $375,000 Mediated Settlement Personal injury, products liability. Principal injuries (in order of severity): Trauma to right eye rendering plaintiff legally blind in that eye. ...

Verdicts & Settlements January 16, 2006: Estate settles nursing home neglect claim.(Brief Article)
January 16, 2006... Byline: South Carolina Lawyers Weekly Staff $300,000 Mediated Settlement Nursing home neglect; wrongful death and survival. Principal injuries (in order of severity): Dehydration, malnutrition and UTI causing death. Special...

Verdicts & Settlements January 16, 2006: Aiken County doctor wins contract dispute with hospital.(Brief Article)
January 16, 2006... Byline: South Carolina Lawyers Weekly Staff $500,000 Verdict Principal injuries (in order of severity): Breach of contract. Special damages: n/a Tried or Settled: Tried County where tried or settled: Aiken Case Name...

Homebuyers' suit against real estate agent doesn't measure up.(fraud, negligent misrepresentation and unfair trade practice case)(Schnellmann v. Roettger )
January 23, 2006... Byline: Michael Dayton "Measure, measure" cautioned a Lowcountry real estate company. Two Mount Pleasant homebuyers who didn't heed that advice have had their lawsuit dismissed. The homebuyers alleged they were misled about the...

Reneging on deal to buy S.C. company nets $2M verdict.(South Carolina, Carolina Benefit Administrators)
January 23, 2006... Byline: Gregory Froom The owner of an Upstate company that specialized in ERISA claims administration has won a $2 million verdict after a competing firm reneged on a deal to buy him out. The competitor, Carolina Benefit...

S.C.Court of Appeals rules tort claim time-barred despite joinder of state under Rule 19.(South Carolina )
January 23, 2006... Byline: Gregory Froom A woman who was injured when she fell on a Beaufort sidewalk was time-barred from adding the highway department as a necessary defendant in her negligence suit, the Court of Appeals has ruled in a first-impression...

S.C. Lawyers in the News: January 23, 2006.(South Carolina )(Nancy Tracy joins Buist, Byars, Pearce & Taylor, LLC )(Darrell W. Carter joins Sweeny, Wingate & Barrow, P.A)(Brief Article)
January 23, 2006... Byline: South Carolina Lawyers Weekly Staff Attorney Nancy Tracy has joined the law firm of Buist, Byars, Pearce & Taylor, LLC where she will handle residential real estate transactions and closings out of the firm's Kiawah/ Seabrook...

Columbia-based Collins & Lacy, P.C. adds two new lawyers.(Jason Scott Luck and Lisa A. Delzotti )(Brief Article)
January 23, 2006... Byline: South Carolina Lawyers Weekly Staff Attorneys Jason Scott Luck and Lisa A. Delzotti have joined the law firm of Collins & Lacy, P.C. Luck will focus his practice on catastrophic injury, commercial litigation, construction law...

Greenville-based Gallivan, White & Boyd names new partners.(Michelle R. DeLuca, J. Andrew Smith and Gregory P. Sloan )(Brief Article)
January 23, 2006... Byline: South Carolina Lawyers Weekly Staff Attorneys Michelle R. DeLuca, J. Andrew Smith and Gregory P. Sloan have become partners with the firm of Gallivan, White & Boyd, P.A. DeLuca joined the firm in 1998 after earning a J.D. from...

Verdicts & Settlements January 23, 2006: Broken deal for sale of company nets verdict for seller.(Brief Article)
January 23, 2006... Byline: South Carolina Lawyers Weekly Staff $2 Million Verdict The plaintiffs were Robert Dickey and his company, BPS. BPS was a third-party administrator of ERISA claims for self-insured companies. In September 2000, Dickey signed a...

U.S. Court of Appeals 4th Circuit Case Summaries: January 23, 2006.(prisoners rights case)(Holly v. Scott)(domestic relations and child abduction case)(Humphrey v. Humphrey)(employment and disability discrimination case)(Heiko v. Colombo Savings Bank F.S.B)
January 23, 2006... Byline: South Carolina Lawyers Weekly Staff Civil Rights Eighth Amendment - Private Prison - Medical Care - Bivens The 4th Circuit declines to extend a cause of action under Bivens v. Six Unknown Named Agents of Federal Bureau of...

S.C. Supreme Court Case Summaries: January 23, 2006.(money laundering case)(murder case)(State v. Weston )
January 23, 2006... Byline: South Carolina Lawyers Weekly Staff Attorney Disciplinary Matter Money Laundering - Disbarment Where the respondent, who was convicted of one count of conspiracy to operate an illegal gambling organization in violation of...

S.C. Court of Appeals Case Summaries: January 23, 2006.
January 23, 2006... Byline: South Carolina Lawyers Weekly Staff Criminal Cocaine Distribution - Defective Warrant - Suppression Of Evidence Where the appellant contends the trial judge erred by denying his motion to suppress evidence and by applying a...

S.C. Court of Appeals Unpublished Case Summaries: January 23, 2006.(breach of contract case)(Johnson v. Smith )(South Carolina )(Brief Article)
January 23, 2006... Byline: South Carolina Lawyers Weekly Staff Contract Settlement Agreement - Constructive Trust - Accord And Satisfaction Where the appellant, who sued the respondent for breach of contract, sought a constructive trust based on the...

Appeals Court tosses directed verdict in logging truck wreck.
January 30, 2006... Byline: South Carolina Lawyers Weekly Staff A $657,500 verdict for the estate of a truck driver who was impaled on logs after his rig rear-ended a slow-moving semi has been overturned by the Appeals Court. In an unpublished decision,...

Medmal plaintiff entitled to spoliation charge after records went missing.(medical malpractice)
January 30, 2006... Byline: GREGORY FROOM Missing medical records and blood test results entitled the plaintiff in a Spartanburg medical malpractice suit to a jury charge on spoliation of evidence, the Appeals Court ruled Jan. 23. The jury should have...

South Carolina Lawyers in the News: January 30, 2006.(Griffith, Sadler and Sharp appoints Michael D. Freeman)(Richard A. Hricik opens new law firm, American College of Trust and Estate Counsel appoints Randy E. Fisher )(Brief Article)
January 30, 2006... Byline: South Carolina Lawyers Weekly Staff Greenville lawyer Randy E. Fisher has been elected a fellow of The American College of Trust and Estate Counsel. Fisher practices with the firm of Thomas & Fisher, P.A. Attorney Richard A....

Nexsen Pruet attorney appointed vice chair of Lowcountry Workforce Investment Board.(Melissa L. Azallion)(Federation Internationale des Conseils en Propriete Industrielle)(Nexsen Pruet, LLC appoints Roshella James )
January 30, 2006... Byline: South Carolina Lawyers Weekly Staff Melissa L. Azallion, an employment and immigration attorney in Nexsen Pruet's Hilton Head Island office, has been appointed vice chair of the Lowcountry Workforce Investment Board. "Our firm...

U.S. Court of Appeals 4th Circuit Case Summaries: January 30, 2006.
January 30, 2006... Byline: South Carolina Lawyers Weekly Staff Administrative Clean Air Act - Whistleblower - Asbestos - Protected Activity A National Park Service employee who served as safety officer for a job corps center in Harpers Ferry, W.Va.,...

S.C. Supreme Court Case Summaries: January 30, 2006.(Supreme Court, judicial misconduct petition)
January 30, 2006... Byline: South Carolina Lawyers Weekly Staff Judicial Disciplinary Matter Magistrate - Admitted Misconduct - Public Reprimand Where the respondent admitted misconduct in various matters, we accept the agreement for discipline by...

S.C. Court of Appeals Case Summaries: January 30, 2006.(South Carolina)
January 30, 2006... Byline: South Carolina Lawyers Weekly Staff Criminal Committing A Lewd Act Upon A Minor - Expert Testimony Where the appellant was convicted of committing a lewd act upon a minor, the trial court properly admitted the testimony of...

S.C. Court of Appeals Unpublished Case Summaries: January 30, 2006.(South Carolina)
January 30, 2006... Byline: South Carolina Lawyers Weekly Staff Arbitration Motion to Compel - Binding Contract Where: (1) the respondents opened a brokerage account with the appellant; (2) the contract incorporated by reference a client agreement...

U.S. District Court Case Summaries: January 30, 2006.(Devcon GroupInc., Okatie Hotel Group )
January 30, 2006... Byline: South Carolina Lawyers Weekly Staff Insurance Commercial General Liability Policies - 'Occurrence' Where: (1) the plaintiff contracted with a construction company for a hotel to be built; (2) the defendant insurer issued...