South Carolina Lawyers Weekly articles from July 2006

South Carolina Lawyers Weekly archives from July 2006

Commentary: BlogWatch: more advice on starting a practice.
July 3, 2006... Byline: David Swanner I started my practice straight out of law school and have written a few posts regarding starting a law practice and also been linked to by the incomparable Carolyn Elefant of M (w) on starting a law practice. I get...

S.C. Lawyers in the News: July 3, 2006.
July 3, 2006... Byline: South Carolina Lawyers Weekly Staff David A. Anderson, a shareholder in the Columbia office of Richardson, Plowden, Carpenter & Robinson, has retired from the South Carolina Army National Guard after more than 25 years of combined...

Mensel, Scheuerman to join Charleston School of Law faculty in fall.(Professors Robert E. Mensel and Sheila B. Scheuerman)
July 3, 2006... Byline: South Carolina Lawyers Weekly Staff Professors Robert E. Mensel and Sheila B. Scheuerman will join the Charleston School of Law faculty in the fall as associate professors, Dean Richard Gershon announced late last month. "With...

Greenville-based Wyche, Burgess, Freeman & Parham names new members.
July 3, 2006... Byline: South Carolina Lawyers Weekly Staff The law firm of Wyche, Burgess, Freeman & Parham, P.A. has announced that Melinda Davis Lux and Terrell W. Mills have been named members of the firm Lux joined the Wyche firm in 2002 as an...

N.C. State Supreme Court sets ethics rules for interpreters.
July 3, 2006... Byline: Michael Dayton In an effort to remove the communication barriers that non-English-speaking persons sometimes face in judicial proceedings, the state Supreme Court has approved new guidelines for interpreters. Rule 511 is...

S.C. COA rules comp award stands beause votes to reverse not timely recorded.(South Carolina Court of Appeals)
July 3, 2006... Byline: Michael Dayton Even though two members of a workers' comp panel said they voted to reverse a single commissioner's award of total disability, the award nevertheless stands, the Appeals Court has ruled. The reason: a record of...

S.C. COA rules that divorce decree waives first wife's claim to IRA.(South Carolina Court of Appeals, Individual Retirement Accounts)
July 3, 2006... Byline: Gregory Froom The first wife of a deceased Columbia man was not entitled to his retirement accounts, even though she remained the named beneficiary, the Appeals Court ruled June 26. The reason: the couple waived claims to each...

S.C. COA rules manager could accept service of process for medical practice.(South Carolina Court of Appeals)
July 3, 2006... Byline: Gregory Froom An Orangeburg medical practice was effectively served with a malpractice suit when a manager signed the papers -- even though she was not the registered agent, the Appeals Court has ruled in an unpublished opinion....

S.C. COA rules affidavit in Doe wreck didn't meet statute's requirement.(South Carolina Court of Appeals)
July 3, 2006... Byline: Gregory Froom A man who was thrown from the bed of a pickup truck that allegedly swerved to avoid another vehicle near Batesburg-Leesville could not recover UM benefits in his "John Doe" suit, the Appeals Court has ruled. In a...

Rule 511: Rules of Professional Conduct for court interpreters.
July 3, 2006... Byline: South Carolina Lawyers Weekly Staff The Supreme Court of South Carolina RE: Amendments to South Carolina Appellate Court Rules ORDER Pursuant to Art. V, Sect. 4 of the South Carolina Constitution, the South Carolina...

S.C. Court of Appeals Case Summaries: July 3, 2006.
July 3, 2006... Byline: South Carolina Lawyers Weekly Staff Domestic Relations Divorce - Waiver Of Interest - Individual Retirement Account Where the respondent widow, as personal representative of the deceased husband, sued the appellant wife,...

S.C. Court of Appeals Unpublished Case Summaries: July 3, 2006.
July 3, 2006... Byline: South Carolina Lawyers Weekly Staff Parent And Child Termination Of Parental Rights - Drug Use Where the Family Court terminated the appellant mother's parental rights based on DSS's allegation that she continued to use...

S.C. Supreme Court Case Summaries: July 3, 2006.
July 3, 2006... Byline: South Carolina Lawyers Weekly Staff Attorney Disciplinary Matter Competent Representation - Definite Suspension Where the respondent admitted misconduct in performing less-than-competent representation on nine client files,...

U.S. Court of Appeals 4th Circuit Case Summaries: July 3, 2006.
July 3, 2006... Byline: South Carolina Lawyers Weekly Staff Criminal Habeas Corpus - Actual Innocence - New Evidence - Shooter's Identity A defendant who was convicted of first-degree murder after he went to the victim's home with a companion and...

South Carolina Lawyers in the News: July 17, 2006.
July 17, 2006... Byline: South Carolina Lawyers Weekly Staff Attorney Kris Cato has joined the law firm of McAngus Goudelock & Courie, LLC as a member in the Columbia office. She will lead the firm's employment law practice group. Cato is certified by...

Frank Knowlton's Richland County Bar tenure could see legal landscape change.
July 17, 2006... Byline: South Carolina Lawyers Weekly Staff Six months into his tenure as president of the Richland County Bar Association, Frank Knowlton finds himself at the helm of an organization making decisions that could change the legal landscape...

Appeals Court strikes $35K in attorney's fees.
July 17, 2006... Byline: Michael Dayton A July 10 opinion from the Appeals Court could make it harder to recover statutory attorney's fees when lawyers don't formalize their fee agreements. In Williamson v. Middleton (South Carolina Lawyers Weekly No....

Supreme Court sets conditions for warranty disclaimer in stucco case.
July 17, 2006... Byline: Greg Froom In a dispute over faulty synthetic stucco on a Lowcountry house, the high court for the first time has ruled that a home seller's implied warranty of habitability could be disclaimed -- but only under "strict...

Jury charge in suit against chiropractor wrongly required showing of bad faith.
July 17, 2006... Byline: South Carolina Lawyers Weekly Staff A Charleston woman who claimed her back was injured during a chiropractic treatment was entitled to a new trial on her malpractice claims, the Appeals Court ruled July 10. The reason: the...

Time to execute not tolled during judgment debtor's absence.
July 17, 2006... Byline: South Carolina Lawyers Weekly Staff A judgment debtor's absence from South Carolina did not toll the 10-year limitations period for execution on a judgment, the Supreme Court has ruled. The plaintiff, a rental company, argued...

Judge: S.C. woman keeps $40,000 engagement ring.
July 17, 2006... Byline: South Carolina Lawyers Weekly Staff A Charleston woman who found out that the man who proposed to her was still married can keep the $40,000 engagement ring he gave her, even though she was the one who broke off the relationship, a...

S.C. Court of Appeals Case Summaries: July 17, 2006.
July 17, 2006... Byline: South Carolina Lawyers Weekly Staff Attorneys Attorney's Fees - Lack Of Fee Agreement Where the respondent, who sued the appellant for failing to pay him a commission, sought assistance from an attorney who was a personal...

S.C. Supreme Court Case Summaries: July 17, 2006.
July 17, 2006... Byline: South Carolina Lawyers Weekly Staff Civil Practice Judgement Execution - Limitations Period - Tolling Where the Circuit Court granted summary judgment in favor of the respondent against the petitioner, holding that South...

U.S. Court of Appeals 4th Circuit Case Summaries: July 17, 2006.
July 17, 2006... Byline: South Carolina Lawyers Weekly Staff Administrative Labor - UMWA - Sago Mine Disaster - Investigation Protocol In ruling on an investigation into the Sago Mine explosion in which 12 miners were killed and one seriously...

South Carolina Lawyers in the News: July 24, 2006.
July 24, 2006... Byline: South Carolina Lawyers Weekly Staff John R. Bell Jr., an attorney with Gallivan, White & Boyd, P.A., has been selected to serve as president of the Kiwanis Main Street Chapter. A member since 2004, Bell will serve a one-year term...

Stuart M. Lee appointed to Board of Communities in Schools of the Midlands.
July 24, 2006... Byline: South Carolina Lawyers Weekly Staff Stuart M. Lee, a real estate attorney with the firm of Rogers Townsend & Thomas, PC, has been appointed to serve on the board of Communities in Schools of the Midlands. Lee will serve as a...

McAngus Goudelock & Courie attorneys appointed to S.C. Bar's Administrative & Regulatory Committee.
July 24, 2006... Byline: South Carolina Lawyers Weekly Staff McAngus Goudelock & Courie attorneys Stephen P. Bates and Mary Margaret Hyatt have been appointed to the S.C. Bar's Administrative and Regulatory Law Committee. Their one-year term began July...

U.S. Bankruptcy Court rules debtor's earned income tax credit not exempt from assets.
July 24, 2006... Byline: Gregory Froom An Upstate debtor could not exempt his anticipated earned income tax credit refund from his assets during his Chapter 7 bankruptcy proceedings, the U.S. Bankruptcy Court ruled in a June 19 order. States are split...

S.C. Appeals Court revives lawsuit filed by suspended students.
July 24, 2006... Byline: Michael Dayton Two students suspended for allegedly having sex on school property can go forward with claims that the officials who confronted them were improperly hired and supervised, the Appeals Court has held. As a rule,...

S.C. Appeals Court rules insurance company could settle suit unilaterally.
July 24, 2006... Byline: Gregory Froom The Appeals Court has upheld a $120,000 insurance settlement in a Charleston County lawsuit -- even though the policyholders refused to sign the agreement and objected to any payout to the plaintiffs. In an...

S.C. Appeals Court rules mother not liable for son's wreck under family purpose doctrine.
July 24, 2006... Byline: Gregory Froom A Florence woman could not be held liable for her son's auto accident under the family purpose doctrine, even though the truck he was driving was titled to her and she had the right to use the vehicle, the Appeals...

S.C. Court of Appeals Unpublished Case Summaries: July 24, 2006.
July 24, 2006... Byline: South Carolina Lawyers Weekly Staff Criminal Statutory Kidnapping - Inveiglement - Directed Verdict Where the appellant was convicted of statutory kidnapping by inveiglement or decoy, the trial court properly denied the...

S.C. Supreme Court Case Summaries: July 24, 2006.
July 24, 2006... Byline: South Carolina Lawyers Weekly Staff Criminal Post- Conviction Relief - S.C. Sentence - Federal Sentence - Escape Where the respondent committed crimes that landed him in federal prison while he was an escapee from S.C....

U.S. Bankruptcy Court Case Summaries: July 24, 2006.
July 24, 2006... Byline: South Carolina Lawyers Weekly Staff Bankruptcy Exemptions - EITC - 'Benefit' S.C. Code Ann. Sect. 43-5-190 does not provide an exemption in any portion of a refund that is property of the estate and resulting from the...

U.S. Court of Appeals 4th Circuit Case Summaries: July 24, 2006.
July 24, 2006... Byline: South Carolina Lawyers Weekly Staff Administrative Social Security - Sickle Cell Disease - Clinical Evidence - Pain A man who worked as a railroad crew leader for 13 years until pain from his sickle cell anemia became so...

U.S. District Court Case Summaries: July 24, 2006.
July 24, 2006... Byline: South Carolina Lawyers Weekly Staff Insurance UIM - Civil Practice - Federal Jurisdiction - Complex Question - Remand Even though South Carolina's courts have developed a test for determining whether an insurer has made a...

S.C. Bar Foundation Names 2006-2007 Officers.
July 31, 2006... Byline: South Carolina Lawyers Weekly Staff The South Carolina Bar Foundation has announced J. Calhoun "Cal" Watson will serve as its 2006-2007 president. A partner with Sowell Gray Stepp and Laffitte, LLC, Watson concentrates his...

Nettles, Riley sworn in on board of National Assn. of Women Lawyers.(Nelson Mullins Riley and Sanders Nettles)(Brief article)
July 31, 2006... Byline: South Carolina Lawyers Weekly Staff Nelson Mullins Riley and Scarborough attorney Zoe Sanders Nettles was sworn in earlier this month as a board member for the National Association of Women Lawyers at the organization's 107th annual...

Charleston School of Law could be accredited in December.
July 31, 2006... Byline: Gregory Froom The Charleston School of Law could attain provisional accreditation before the year is out, even though the ABA failed to approve -- or deny -- the school's application last month as anticipated. If the school...

S.C Supreme Court rules defendant not served when papers posted on front door of residence.(South Carolina)
July 31, 2006... Byline: Gregory Froom Service of process on a Midlands woman was ineffective -- even though the process server left the papers at her front door, believing she was inside the residence and refusing to answer his calls, the Supreme Court...

Despite registered agent, corporation can't get extra five days under Rule 6(e).
July 31, 2006... Byline: Mike Dayton Two opinions, one federal and one state, address the finer points of service on a corporation. * The federal case, Hunter v. CSX Transportation, Inc. (Lawyers Weekly No. 002-013-06, 5 pages), affirms the authority...

S.C. Court of Appeals rules motorist not liable in fatal bike wreck.
July 31, 2006... Byline: Gregory Froom The estate of an 8-year-old boy who was killed when his bicycle collided with a pickup truck on a Myrtle Beach street could not recover damages from the motorist, the Appeals Court has ruled in a 2-1 decision. ...

S.C. Court of Appeals Case Summaries: July 31, 2006.
July 31, 2006... Byline: South Carolina Lawyers Weekly Staff Employment Payment Of Wages Act - Treble Damages Where the employer argues the trial court erred in interpreting Sect. 41-10-80(C) of the South Carolina Code (Supp. 2005) to require the...

S.C. Court of Appeals Unpublished Case Summaries: July 31, 2006.
July 31, 2006... Byline: South Carolina Lawyers Weekly Staff Criminal Forgery - Bond Estreatment Where the appellant bail bonding company argues the Circuit Court erred in failing to consider the costs to the state in its determination of whether...

S.C. Supreme Court Case Summaries: July 31, 2006.
July 31, 2006... Byline: South Carolina Lawyers Weekly Staff Attorney Disciplinary Matter Real Estate Transactions - Admitted Misconduct - Public Reprimand Where the respondent admitted misconduct for allowing a non-lawyer employee to close real...

U.S. Court of Appeals 4th Circuit Case Summaries: July 31, 2006.
July 31, 2006... Byline: South Carolina Lawyers Weekly Staff Criminal Felon In Possession - Insanity Defense - Inmate Hearsay A defendant who was arrested after he approached a Veterans Administration facility with a weapon, claiming to be an FBI...

U.S. District Court Case Summaries: July 31, 2006.
July 31, 2006... Byline: South Carolina Lawyers Weekly Staff Civil Practice Federal Jurisdiction - Removal - Service Of Process - Mail Room Clerk - Remand Even though the mail room clerk was not authorized to open mail directed to the company's...