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S.C. Lawyers in the News: July 2, 2007.(Sweeny, Wingate & Barrow, South Carolina)
July 2, 2007... Byline: South Carolina Lawyers Weekly Staff
Tim Madden completes Liberty Fellowship
Greenville attorney Tim Madden has graduated in the Class of 2007 Liberty Fellows, a two-year leadership program designed to empower the future leaders...
'Black belt' quality control may give small firms an advantage.
July 2, 2007... Byline: Dick Dahl
Richard J. Sabat knows what it feels like to be seen as a traitor.
For years, general counsel have been emphasizing the need for more cost-efficient delivery of outsourced legal services -- and some lawyers, like...
Commentary: Marketing with authenticity.
July 2, 2007... Byline: Mark Powers
In client development seminars and workshops I am often asked whether the most successful rainmakers are effective because of their personality and natural ability -- or whether something else is at play.
These...
Man could attack property split due to extrinsic fraud, rules S.C. Supreme Court.(South Carolina)
July 2, 2007... Byline: Gregory Froom
A Richland County man could reopen his equitable division after he discovered his ex-wife allegedly tried to hide an additional $130,000 payment she received when the couple sold their pharmacy, the Supreme Court has...
Student can't appeal school transfer in pot case, rules S.C. Supreme Court.(South Carolina)
July 2, 2007... Byline: Gregory Froom
A Greenville high school student who was sent to an alternative program after his teacher smelled marijuana on him could not appeal the transfer to Circuit Court -- despite statutory language that on its face...
Changes to workers' comp system, laws aimed at gangs among S.C.'s 2007 legislation.(South Carolina)
July 2, 2007... Byline: Gregory Froom
The state's Second Injury Fund received a death sentence during the 2007 legislative session that wrapped up late last month, but the General Assembly also gave birth to a number of new laws that affect everything...
E-mail call: Managing that cluttered inbox.
July 2, 2007... Byline: Justin Rebello
For most attorneys, it's not uncommon to receive 150-200 new e-mails per day, approximately 25,000 per year. With that kind of clutter, tangled with spam and other unimportant e-mails, it's easy for a valuable e-mail...
S.C. Court of Appeals Case Summaries: July 2, 2007.(South Carolina)
July 2, 2007... Byline: South Carolina Lawyers Weekly Staff
Arbitration
Operating Agreement - Jurisdiction
The Circuit Court does not have jurisdiction over a man claiming he did not agree to arbitration since the parties signed a written...
S.C. Supreme Court Case Summaries: July 2, 2007.(South Carolina)
July 2, 2007... Byline: South Carolina Lawyers Weekly Staff
Attorney Disciplinary Matter
Failure To Safekeep Documents - Admitted Misconduct
An attorney who admitted to numerous acts of misconduct is suspended from the practice of law for nine...
U.S. Court of Appeals 4th Circuit Case Summaries: July 2, 2007.
July 2, 2007... Byline: South Carolina Lawyers Weekly Staff
Civil Procedure
Amount In Controversy - Arbitration Award
A federal District Court had subject-matter jurisdiction to reopen a contract action filed by Choice Hotels, stayed in favor of...
South Carolina Lawyers in the News: July 23, 2007.(Richardson, Plowden, Carpenter & Robinson, P.A., Wilkes Bowers P.A.)
July 23, 2007... Byline: South Carolina Lawyers Weekly Staff
Richardson Plowden adds Statkus to litigation practice group
Attorney Shannon Heath Statkus has joined the law firm of Richardson, Plowden, Carpenter & Robinson, P.A., as an associate.
...
Comp benefits awarded for wreck on way to Christmas party, rules S.C. Workers' Compensation Comm.(Wall Street Capitol Investments and Travelers Indemnity, South Carolina)
July 23, 2007... Byline: Gregory Froom
An Upstate insurance saleswoman was entitled to comp benefits after she was injured in a wreck while en route to a Christmas party in Charlotte, the Workers' Compensation Commission ruled earlier this month.
The...
Wardrobe, grooming help make the attorney.
July 23, 2007... Byline: Dick Dahl, Dolan Media Newswire
Few attorneys employ sartorial strategies as bold as the one unveiled last summer by 68-year-old New Zealand lawyer Rob Moodie, who decided to start wearing dresses to court.
Moodie's fashion...
Groups oppose proposed U.S. Supreme Court rule.
July 23, 2007... Byline: Lawyers USA staff, Dolan Media Newswires
A number of groups, ranging from the American Civil Liberties Union to the National Association of Manufacturers, are voicing opposition to a proposed revision to the filing rules of the U.S....
S.C. Supreme Court rules two wine coolers not enough to support negligent entrustment.(South Carolina)
July 23, 2007... Byline: Gregory Froom, Editor
Knowledge that his cousin might have downed a couple of wine coolers before taking the wheel was not enough to hold a Jasper County garbage truck driver liable for negligently entrusting his rig, the Supreme...
Sumter driver overcomes causation dispute to recover $1.5 million for back injury.
July 23, 2007... Byline: Gregory Froom
A floral delivery driver has won a $1.5 million jury verdict for disabling back injuries she suffered in a rush hour accident on Broad Street in downtown Sumter.
The plaintiff, Deborah Burke, overcame defense...
S.C. Court of Appeals Case Summaries: July 23, 2007.(South Carolina)
July 23, 2007... Byline: South Carolina Lawyers Weekly Staff
Domestic Relations
Divorce - Child Custody
A wife was improperly granted custody of the parties' two children since the husband is better suited to have primary custody, the Court of...
S.C. Supreme Court Decisions: July 23, 2007.(South Carolina)
July 23, 2007... Byline: South Carolina Lawyers Weekly Staff
Freedom Of Information
Superintendent Selection Process - Disclosure
The school district violated S.C. Code Ann. Sect. 30-4-40(a)(13) by disclosing information relating to only the two...
U.S. Court of Appeals 4th Circuit Case Summaries: July 20, 2007.
July 23, 2007... Byline: South Carolina Lawyers Weekly Staff
Bankruptcy
Guarantor Payment - Allocation By Creditor
A District Court erred in allowing a creditor to allocate a payment made by a non-debtor guarantor first to interest then to...
S.C. Workers' Compensation Commission Case Summaries: July 23, 2007.(South Carolina)
July 23, 2007... Byline: South Carolina Lawyers Weekly Staff
Workers' Compensation
Automobile Accident - Christmas Party - Business Function
A claimant injured on the way to a company-sponsored Christmas party is entitled to benefits since she was...
Verdicts & Settlements, July 23, 2007: Driver who suffered back injury in T-bone wreck wins verdict.
July 23, 2007... Byline: South Carolina Lawyers Weekly Staff
$1.5 Million Verdict
Civil, auto accident.
Principal injuries (in order of severity): Disk herniation at L4-5.
Special damages: Medicals $ 282,030; Economic loss $423,916.
Tried...
Verdicts & Settlements, July 23, 2007: Business recovers in trademark dispute over unauthorized use.
July 23, 2007... Byline: South Carolina Lawyers Weekly Staff
$616,864 Verdict
This was a trademark infringement claim. The plaintiff sold two locations to the defendant in Columbia, but the defendant decided that it did not want to purchase the name...
Verdicts & Settlements, July 23, 2007: Motorist recovers for torn rotator cuff in low-speed accident.
July 23, 2007... Byline: South Carolina Lawyers Weekly Staff
$35,000 Verdict
The plaintiff suffered a partial tear of her right rotator cuff when she was rear-ended by the defendant on Feb. 14, 2003. The plaintiff was treated at the emergency room and...
Study warns of court reporter shortage.(Brief article)
July 30, 2007... Byline: Lawyers USA Staff
Courtrooms and other venues are suffering a shortage of court reporters as fewer reporters graduate from certified programs, a report by the National Court Reporters Association has found.
The report indicated...
Law group urges EPA to curtail criminal sanctions.(Washington Legal Foundation, Environmental Protection Agency)(Brief article)
July 30, 2007... Byline: Lawyers USA Staff
In a recent petition to the Environmental Protection Agency, the Washington Legal Foundation -- a public interest law group -- voiced concerns over the agency's criminal enforcement policies and practices.
In...
Bank regulators issue new subprime lending guidelines.(Brief article)
July 30, 2007... Byline: Lawyers USA Staff
In response to growing pressure from Congress to combat predatory home lending practices, the Federal Reserve and four other banking regulators have released a set of guidelines for subprime mortgage lending.
...
Commentary: Debate grows over disclosure of real estate sales prices.
July 30, 2007... Byline: Darren Currin
Most residential and commercial real estate professionals in Oklahoma realize how blessed they are to work in a state where purchase prices of properties are public record. It truly makes their job easier in being...
Emotional intelligence program raises success quotient for law firm.
July 30, 2007... Byline: Frederick Horlbeck
So, is your law firm emotionally intelligent?
It's a question that might raise eyebrows among partners, associates and staff alike -- if it comes up at all -- in law offices around the country.
Emotional...
Taking the pulse of 'health courts'.
July 30, 2007... Byline: Dick Dahl
Doctors and tort reformers are pushing legislation in both houses of Congress to fund pilot projects in 10 states that would create administrative panels known as "health courts."
The legislation -- which is intended...
S.C. Workers' Compensation Commission rules in-home nurses get comp benefits for car accidents.(South Carolina)
July 30, 2007... Byline: Gregory Froom
Two nurses could collect comp benefits for separate auto accidents that happened while they were driving to see housebound patients -- even though they weren't paid mileage for the trips, the Workers' Compensation...
S.C. Supreme Court rules lien holder didn't have to name bond in foreclosure action.(South Carolina Supreme Court)
July 30, 2007... Byline: Gregory Froom
A drywall company could enforce a mechanics' lien for work on a Georgetown County house, even though its amended complaint substituting a cash bond -- in place of the house -- as the subject of its action fell outside...
S.C. Bar Foundation receives significant donation for projects.(South Carolina Bar Foundation)
July 30, 2007... Byline: South Carolina Lawyers Weekly Staff
The S.C. Bar Foundation received a check for more than $630,000 July 19 that will allow it to fund two significant South Carolina projects, according to a press release from the organization.
...
S.C. Court of Appeals Case Summaries: July 30, 2007.(South Carolina Court of Appeals)
July 30, 2007... Byline: South Carolina Lawyers Weekly Staff
Criminal
Sexually Violent Predator Act - Past Unadjudicated Offenses
The state's evidence regarding the respondent's past unadjudicated offenses should not have been excluded since the...
S.C. Court of Appeals Unpublished Case Summaries: July 30, 2007.(South Carolina Court of Appeals)
July 30, 2007... Byline: South Carolina Lawyers Weekly Staff
Insurance
Notice Of Cancellation - Jury Charge
An insurance company provided the appellant with notice of cancellation of insurance since the insurer did not have to prove actual receipt...
S.C. Supreme Court Case Summaries: July 30, 2007.(South Carolina)
July 30, 2007... Byline: South Carolina Lawyers Weekly Staff
Attorney Disciplinary Matter
Speeding Ticket - Admitted Misconduct
An attorney who admitted misconduct in connection with a friend's speeding ticket is suspended from the practice of law...
U.S. Court of Appeals 4th Circuit Case Summaries: July 30, 2007.
July 30, 2007... Byline: South Carolina Lawyers Weekly Staff
Administrative
Black Lung Benefits - Survivor Benefits
In Sharpe v. Director (Lawyers Weekly No. 001-134-07) (13 pages), the 4th Circuit vacates the Benefits Review Board's retroactive...
S.C. Workers' Compensation Case Summaries: July 30, 2007.(South Carolina)
July 30, 2007... Byline: South Carolina Lawyers Weekly Staff
Workers' Compensation
In- Home Nurse - Automobile Accident - Going And Coming Rule
An in-home nurse injured in an automobile accident while traveling between two patients' homes is...
S.C. Lawyers in the News: July 30, 2007.(South Carolina)
July 30, 2007... Byline: South Carolina Lawyers Weekly Staff
Ramseur granted fellowship in American Academy of Matrimonial Lawyers
The American Academy of Matrimonial Lawyers has granted fellowship to Nelson Mullins Riley & Scarborough's Joseph M....