South Carolina Lawyers Weekly articles from January 2008

South Carolina Lawyers Weekly archives from January 2008

South Carolina Lawyers in the News: January 7, 2008.
January 7, 2008... Byline: South Carolina Lawyers Weekly Staff Waring named honorary Danish consul for South and North Carolina Attorney Bradish J. "Brad" Waring, a member in Nexsen Pruet's Charleston office, has been appointed as the honorary Danish...

S.C. Court rules drinking didn't bar comp claim for man injured in wreck after business dinner.(South Carolina)
January 7, 2008... Byline: Gregory Froom A sales manager for a dehumidifier company could get comp for injuries he sustained while riding in a colleague's Jeep after a business dinner, despite his employer's assertion that they were on a "drunken joyride,"...

Prefiled bills include one to strip high court of authority to regulate lawyers.
January 7, 2008... Byline: Gregory Froom Before returning to Columbia to commence the 2008 legislative session on Jan. 8, lawmakers prefiled a host of bills of interest to lawyers -- including two that could change the regulation of the profession itself....

Federal immigration law didn't preempt S.C. statute allowing comp for illegal aliens.(South Carolina)
January 7, 2008... Byline: Gregory Froom A Mexican man who injured his eye while working for a Lowcountry demolition company could recover comp benefits, even though he was in the country illegally, the Supreme Court has ruled. In an apparent...

S.C. Circuit Court Case Summaries: January 7, 2008.(South Carolina )
January 7, 2008... Byline: South Carolina Lawyers Weekly Staff FIRST CIRCUIT Case: Cambridge Literary Properties, Ltd. v. W. Goebel Porzellanfabrik G.m.b.H. & Co. KG., et al. Holding: A claim brought by the purported co-owner of a copyright interest...

S.C. Court of Appeals Case Summaries: January 7, 2008.(South Carolina)
January 7, 2008... Byline: South Carolina Lawyers Weekly Staff Criminal Post- Conviction Relief - Guilty Plea - Failure To Interview Witness The PCR Court improperly granted the respondent's application for relief after finding his guilty plea was...

S.C. Supreme Court Case Summaries: January 7, 2008.(South Carolina)
January 7, 2008... Byline: South Carolina Lawyers Weekly Staff Criminal Death Penalty - Victim's Widow's Testimony - Suicide Attempt A man's death sentence is affirmed since his argument that testimony from the victim's widow impermissibly injected...

U.S. Court of Appeals 4th Circuit Case Summaries: January 7, 2008.(Green Valley Coal Co.)
January 7, 2008... Byline: South Carolina Lawyers Weekly Staff Environmental Surface Mining - Attorney Fees In this litigation by a collective of environmental groups against a coal company and the West Virginia state environmental agency, the 4th...

U.S. Court of Appeals 4th Circuit Case Summaries: January 21, 2008.
January 7, 2008... Byline: South Carolina Lawyers Weekly Staff Criminal Habeas Corpus - Juror Deceit A South Carolina state court did not unreasonably apply or act contrary to established state law when it rejected a death-row defendant's habeas...

Commentary: why the Bar convention won't be in Charleston in 2009.
January 14, 2008... Byline: Ruth W. Cupp "At every Bar convention held in Charleston, the attendance increased," said immediate past President Bradish J. Waring of Charleston. The January convention has been held at the Charleston Place Hotel every year...

S.C. Lawyers in the News: January 14, 2008.
January 14, 2008... Byline: South Carolina Lawyers Weekly Staff Haigler Joins Sowell Gray Stepp & Laffitte Columbia attorney Nicolas L. Haigler has joined the workers' compensation section at the law firm of Sowell Gray Stepp & Laffitte. Originally...

Ellis Lawhorne expands its downtown Columbia office.(Brief article)
January 14, 2008... Byline: South Carolina Lawyers Weekly Staff Ellis, Lawhorne & Sims has announced the expansion of the firm's office. As of early December, the firm occupied both the fifth and sixth floors of the Carolina First building at 1501 Main...

Charleston County court rules future freeway expansion entitles landowner to $5.34M.
January 14, 2008... Byline: Gregory Froom A Charleston County jury in a highway department takings case gave the owner of a Johns Island tract exactly what it asked for: $5.34 million. The verdict came Dec. 4 in a dispute over what the state Department...

Justices clarify FELA negligence standard in rail foreman's suit.(Federal Employers' Liability Act)
January 14, 2008... Byline: Gregory Froom A Lowcountry railroad worker could go forward with a negligence suit against his employer after he was injured while manually tightening hundreds of track bolts, the Supreme Court ruled Jan. 7. The plaintiff filed...

S.C. COA rules salesman's comp claim barred by cocaine intoxication, despite testimony of sobriety.(Court of Appeals)
January 14, 2008... Byline: Gregory Froom A Charleston car salesman who admitted he was addicted to cocaine could not recover comp benefits for two workplace falls, despite testimony from his counselor and a friend who said he was sober the day before his...

Verdicts & Settlements January 14, 2008: Landfill owner wins verdict against environmental company.
January 14, 2008... Byline: South Carolina Lawyers Weekly Staff $3.45 million verdict Type of action: Professional negligence Principal injuries (in order of severity): Lost income, lost expenses and property devaluation Special damages: n/a ...

Verdicts & Settlements January 14, 2008: Landfill owner wins verdict against environmental company.
January 14, 2008... Byline: South Carolina Lawyers Weekly Staff $5.34 million verdict Type of action: Condemnation Principal injuries (in order of severity): Taking Special damages: n/a Tried or settled:Jury trial County where tried or...

Verdicts & Settlements January 14, 2008: Developers win lawsuit in dispute over subdivision.
January 14, 2008... Byline: South Carolina Lawyers Weekly Staff $5.3 million verdict Type of action: Breach of contract, breach of contract accompanied by fraudulent act and tortious interference with contractual relations Principal injuries (in order...

S.C. Court of Appeals Case Summaries: January 14, 2008.
January 14, 2008... Byline: South Carolina Lawyers Weekly Staff Workers' Compensation Employee Fall - Intoxication - Cocaine - Witness Credibility A car salesman who was injured when he fell twice at work is not entitled to workers' compensation since...

S.C. Court of Appeals Unpublished Case Summaries: January 14, 2008.
January 14, 2008... Byline: South Carolina Lawyers Weekly Staff Criminal Burglary - Right To Be Present - Waiver The appellant's appearance in the courtroom during the trial and his testimony that he did not wish to attend his trial cured any error...

S.C. Supreme Court Case Summaries: January 14, 2008.
January 14, 2008... Byline: South Carolina Lawyers Weekly Staff Negligence Employee - Federal Employers' Liability Act - 'Relaxed' Standard The Court of Appeals erred in finding there is a "relaxed" standard for proving FELA negligence since federal...

U.S. Court of Appeals 4th Circuit Case Summaries: January 14, 2008.
January 14, 2008... Byline: South Carolina Lawyers Weekly Staff Civil Procedure Appeals - Mandate - Privacy Act - Attorney Fees A District Court erred when it awarded attorney fees in this case under the Privacy Act, 5 U.S.C. Sect. 552a(g)(4)(B), by...

South Carolina Lawyers in the News: January 21, 2008.
January 21, 2008... Byline: South Carolina Lawyers Weekly Staff Attorney James T. H. Buxton has joined the firm of Young Clement Rivers as special counsel in the Charleston office. Buxton received his juris doctor from the University of South Carolina in 2002...

Fourth Circuit examines abuse-of-discretion review standard in ERISA case.(Employee Retirement Income Security Act of 1974)
January 21, 2008... Byline: Gregory Froom A long-term disability plan administrator properly cut off benefits for an Upstate woman whose debilitating arthritis was improving even though there was "substantial" medical evidence that she was still unable to...

S.C. Supreme Court rules medical battery claim not recognized in S.C.(South Carolina)
January 21, 2008... Byline: Gregory Froom Two Charleston-area doctors a periodontist and an anesthesiologist will not face trial on a patient's claim that they committed medical battery on her after she allegedly withdrew consent during an invasive gum...

Federal judge extends TRO on S.C. Gov. Sanford's orders to workers' comp commissioners.(G. Ross Anderson Jr.; temporary restraining order; South Carolina; Mark Sanford)
January 21, 2008... Byline: Gregory Froom Executive orders requiring workers' compensation commissioners to "strictly apply" medical guidelines when awarding disability benefits won't be implemented while the governor gets an opportunity to defend his stance,...

Owners can rest easy with estate planning for their pets.
January 21, 2008... Byline: Diana Smith Does Polly want a cracker? Or a quarter? Or how about a trust that can protect her long after her beloved owner has died or become disabled? The answer to that question how to establish a good pet trust is...

S.C. Court of Appeals Case Summaries: January 21, 2008.(South Carolina)
January 21, 2008... Byline: South Carolina Lawyers Weekly Staff Criminal Parole Denial - Ex Post Facto Violation The Circuit Court properly granted summary judgment to the S.C. Department of Probation, Parole and Pardon Services since the appellant...

S.C. Supreme Court Case Summaries: January 21, 2008.(South Carolina)
January 21, 2008... Byline: South Carolina Lawyers Weekly Staff Attorney Disciplinary Matter Failure To Adequately Safeguard Client Funds - Abusive Letter To Commissioner An attorney who admitted misconduct for writing a abusive letter to a workers'...

U.S. Court of Appeals 4th Circuit Case Summaries: January 21, 2008.
January 21, 2008... Byline: South Carolina Lawyers Weekly Staff Criminal Post- Conviction Motion - Successive Motion A defendant's 2001 pro se motion seeking discovery cannot be counted as his first petition for post-conviction relief under 28 U.S.C....

Commentary: After hiring associates, grow them!
January 28, 2008... Byline: Edward Poll One standard growth strategy for law firms that take on new business is hiring associates to handle it. Sometimes firms don't plan for specific growth when the client has a need and the firm reacts. But automatically...

S.C. Lawyers in the News: January 28, 2008.(South Carolina)
January 28, 2008... Byline: South Carolina Lawyers Weekly Staff Richardson, Patrick, Westbrook & Brickman has hired David Hendricks and Katie McElveen as associate attorneys. Hendricks' areas of practice are securities and antitrust litigation, and...

Nursing home neglect cases increase as 'boomers' age.
January 28, 2008... Byline: Diana Smith Before a lawyer meets a client, he or she has been well-schooled in putting ethical principles into practice. Making sure that nursing homes adhere to a similar code is something that personal injury attorneys across...

S.C. Court of Appeals rules girl can't tap UIM coverage under grandfather's policy.(underinsured motorist benefits)
January 28, 2008... Byline: Gregory Froom A Galivants Ferry girl could not tap UIM coverage from her grandfather's policies as a resident relative, even though she lived in a trailer on his property and sometimes stayed at his house, the Court of Appeals has...

Ethics advisory opinions in S.C. examine propriety of attorney advertising in real estate matters.(South Carolina)
January 28, 2008... Byline: Gregory Froom Recent opinions from the State Bar's ethics advisory committee trudge headlong into a professional responsibility morass populated by two persistent issues real estate law and attorney advertising. Ethics advisory...

S.C. Court of Appeals Case Summaries: January 28, 2008.(South Carolina)
January 28, 2008... Byline: South Carolina Lawyers Weekly Staff Contract Swimming Pool Construction - Breach - Ambiguity The Master-in-Equity improperly concluded the payment provisions of a construction contract were ambiguous since the contract is...

S.C. Court of Appeals Unpublished Case Summaries: January 28, 2008.(South Carolina )(Brief article)
January 28, 2008... Byline: South Carolina Lawyers Weekly Staff Attorneys Retainer Fee - Refund - Appeals An attorney who was ordered to return a portion of his retainer fee by the Resolution of Fee Disputes Board has his appeal dismissed since there...

S.C. Supreme Court Case Summaries: January 28, 2008.(South Carolina)
January 28, 2008... Byline: South Carolina Lawyers Weekly Staff Attorney Disciplinary Matter Inappropriate Sexual Relationship - Client - Definite Suspension An attorney who was involved in an inappropriate relationship with a client is suspended from...

U.S. Court of Appeals 4th Circuit Case Summaries: January 28, 2008.
January 28, 2008... Byline: South Carolina Lawyers Weekly Staff Criminal Sentencing - Above- Guidelines Sentence - Notice A 480-month sentence for a church van driver convicted of receiving child pornography is vacated because the District Court did...