South Carolina Lawyers Weekly articles from June 2004

South Carolina Lawyers Weekly archives from June 2004

S.C. Appeals Court: No separate claim for breach of good faith, fair dealing.
June 7, 2004... Byline: Michael Dayton A welding services company could not press separate claims against its sales rep for breach of contract and breach of the implied covenant of good faith and fair dealing, the Appeals Court has ruled. In a...

McNair Law Firm announces new shareholders in North Carolina, South Carolina.
June 7, 2004... Byline: South Carolina Lawyers Weekly Staff The McNair Law Firm recently named four new shareholders -- three in South Carolina and one North Carolina. * Edwin D. Givens has become a shareholder in the firm's Columbia office. Givens...

Haynsworth Sinkler Boyd attorneys named Leading Lawyers by Chambers USA.
June 7, 2004... Byline: South Carolina Lawyers Weekly Staff Haynsworth Sinkler Boyd, P.A. tied for second in South Carolina in the categories of corporate mergers and acquisitions; litigation; and real estate in the 2004 edition of Chambers USA: America's...

S.C. Appeals Court says plant worker's estate could not bring negligence action for workplace death.
June 7, 2004... Byline: Gregory Froom The estate of a man who was crushed to death at an Abbeville textile plant was barred from suing the company and its employees in tort, the Appeals Court has ruled. The estate could not press a negligence claim...

S.C. Court of Appeals Unpublished Case Summaries: June 7, 2004.
June 7, 2004... Byline: South Carolina Lawyers Weekly Staff Tort Duty to Warn - Deviant Behavior - Notice Where the appellant individually, and as guardian for his minor sons, James and Jason Doe, and on behalf of all others similarly situated,...

S.C. Supreme Court Case Summaries: June 7, 2004.
June 7, 2004... Byline: South Carolina Lawyers Weekly Staff Attorney Disciplinary Matter Second- Degree Burglary - Indefinite Suspension Where the respondent pled guilty to second-degree burglary after entering a female residence hall at a college...

S.C. Appeals Court says mother not responsible for son's molestation of boys at her home.
June 7, 2004... Byline: Michael Dayton The father of two boys who were molested by a youth minister has lost his bid to hold the minister's mother liable under a premises liability claim. The molestation occurred in the son's basement bedroom at his...

Orangeburg County landowner not limited to statutory damages in timber removal claim.
June 7, 2004... Byline: Gregory Froom An Orangeburg County landowner was not limited to statutory damages in his suit over the wrongful removal of timber from his property, the Court of Appeals ruled June 1 in an apparent first-impression decision. ...

U.S. Court of Appeals 4th Circuit Case Summaries: June 7, 2004.
June 7, 2004... Byline: South Carolina Lawyers Weekly Staff Attorneys Sanctions Under Rule 11 - Safe Harbor - Plain Error On rehearing en banc, where the defendant's motion for sanctions under Rule 11 was made after the case had terminated,...

S.C. Supreme Court Case Summaries: June 14, 2004.
June 14, 2004... Byline: South Carolina Lawyers Weekly Staff Attorney Disciplinary Matter Attorney Misconduct - Definite Suspension Where the respondent committed various acts of attorney misconduct, we suspend the respondent from the practice of...

U.S. Court of Appeals 4th Circuit Case Summaries: June 14, 2004.
June 14, 2004... Byline: South Carolina Lawyers Weekly Staff Commercial Jurisdiction - Promissory Note - Foreign Sovereign Although the plaintiff seeks to compel payment of a promissory note issued by former staff members of the National Defense...

Verdicts & Settlements June 14, 2004: Man convicted of first-degree burglary gets new trial.
June 14, 2004... Byline: South Carolina Lawyers Weekly Staff Post-Conviction Relief -- New Trial Granted The petitioner brought a PCR claim challenging convictions for first-degree burglary. Principal injuries (in order of severity): PCR claimant...

Timmonsville hunter wins products liability claim over warning on smokeless gunpowder.
June 14, 2004... Byline: Gregory Froom A Timmonsville man who lost three fingers when his black powder rifle exploded has won a products liability suit against the manufacturer of Winchester smokeless ball powder. The plaintiff was unaware that the...

S.C. Court of Appeals Case Summaries: June 14, 2004.
June 14, 2004... Byline: South Carolina Lawyers Weekly Staff Civil Rights False Imprisonment - Fourth Amendment - Verdict Reformation Where the respondent sued the appellant police officer for false imprisonment and a violation of his Fourth...

S.C. Appeals Court says false imprisonment, s. 1983 verdicts not inconsistent despite punitives.
June 14, 2004... Byline: Gregory Froom A Berkeley County jury did not return inconsistent verdicts when it awarded a plaintiff actual and punitive damages on his false imprisonment claim, but found for the defendant on a Sect. 1983 claim, the Appeals Court...

McAngus, Goudelock & Courie expands Columbia, Charlotte and Charleston offices.
June 14, 2004... Byline: South Carolina Lawyers Weekly Staff Columbia-based law firm McAngus, Goudelock & Courie is expanding its staff and office space in all three of its offices: Columbia, Charlotte and Charleston. MG&C, which started in 1995 with...

Parker Poe adds attorneys in Columbia office.
June 14, 2004... Byline: South Carolina Lawyers Weekly Staff The law firm of Parker, Poe, Adams & Bernstein L.L.P. rec-ently announced the addition of attorneys in its Columbia office. James L. Werner has joined the firm as a partner and Farah...

S.C. Appeals Court says boat buyer could get trial on UCC revocation of acceptance claim.
June 14, 2004... Byline: Gregory Froom An Upstate man's suit over his attempt to revoke acceptance of an allegedly defective boat can go forward -- even though he did not notify the dealer of his revocation until nearly six months after the purchase date,...

S.C. Court of Appeals Unpublished Case Summaries: June 14, 2004.
June 14, 2004... Byline: South Carolina Lawyers Weekly Staff Banks and Banking Note Secured by Real Property - Attorney Preference - Conscionability Where the appellant, who had an outstanding loan with the respondent bank that was secured by a...

Greenville County husband's suppression of income, alimony not done in bad faith.
June 21, 2004... Byline: Gregory Froom A Greenville County man did not act in bad faith when he structured his business such that his ordinary income -- and his alimony obligation -- would be minimized, the Appeals Court ruled June 14. The man...

S.C. Appeals Court says legal malpractice claimant needed expert affidavit on standard of care.
June 21, 2004... Byline: Gregory Froom A Hartsville nurse who alleged that her attorney failed to timely file her race discrimination claims could not go forward on her legal malpractice suit without an affidavit from an expert, the Appeals Court has ruled...

Rock Hill attorney suspended for allowing non-lawyer to perform real estate closings.
June 21, 2004... Byline: Michael Dayton In the latest disciplinary action involving residential closings, a Rock Hill attorney has been sanctioned for allowing an unlicensed law school graduate to handle real estate loans and sign her name to closing...

S.C. Court of Appeals Unpublished Case Summaries: June 21, 2004.
June 21, 2004... Byline: South Carolina Lawyers Weekly Staff Civil Practice Legal Malpractice - Expert Testimony - Standard of Care Where the appellant, who filed a legal malpractice action against the respondent alleging he failed to file her...

U.S. Court of Appeals 4th Circuit Case Summaries: June 21, 2004.
June 21, 2004... Byline: South Carolina Lawyers Weekly Staff Criminal Witness Tampering - Accessory After Fact - Sentencing - Drug Quantity Where the defendant was convicted of using physical force to intimidate his nephew's girlfriend and...

S.C. Court of Appeals Case Summaries: June 21, 2004.
June 21, 2004... Byline: South Carolina Lawyers Weekly Staff Domestic Relations Divorce - Alimony - Covenant of Good Faith and Fair Dealing Where the wife brought a contempt action against her former husband to collect alimony payable under a...

S.C. Supreme Court Case Summaries: June 21, 2004.
June 21, 2004... Byline: South Carolina Lawyers Weekly Staff Attorney Disciplinary Matter Real Estate Closings - Admitted Misconduct -Definite Suspension Where the respondent admitted misconduct in connection with real estate closings, we suspend...

S.C. Department of Transportation settles claim over accident caused by eroded highway shoulder.
June 28, 2004... Byline: Gregory Froom The state has agreed to pay $600,000 to settle a fatal tanker truck accident caused by the crumbling shoulder of an Aiken County highway. SETTLEMENT REPORT The tanker with its load of diesel fuel drifted off...

South Carolina's Liberty Fellowship announces class of 2006.
June 28, 2004... Byline: South Carolina Lawyers Weekly Staff Liberty Fellowship -- the statewide leadership initiative sponsored by Liberty Corporation, Wofford College and The Aspen Institute -- has announced the 20 young South Carolina leaders who will...

SCDOT settles claim over accident caused by eroded highway shoulder.
June 28, 2004... Byline: Gregory Froom The state has agreed to pay $600,000 to settle a fatal tanker truck accident caused by the crumbling shoulder of an Aiken County highway. The tanker with its load of diesel fuel drifted off the side of Highway 125...

U.S. Court of Appeals 4th Circuit Case Summaries: June 28, 2004.
June 28, 2004... Byline: South Carolina Lawyers Weekly Staff Administrative FOIA - Government Contract - Attorney Work Product A lawyer who represents a contractor involved in a construction dispute over a government-funded project in Egypt cannot...

Verdicts & Settlements June 28, 2004: Federal jury rules for Isuzu in products liability suit.
June 28, 2004... Byline: South Carolina Lawyers Weekly Staff Defense Verdict Wrongful death and survival actions brought by widower and children alleging products liability issues arising from a single-vehicle accident which flipped a 1994 Isuzu...

S.C. Appeals Court rules law firm not liable for associate's alleged malpractice in sideline job.
June 28, 2004... Byline: Gregory Froom A Charleston law firm was not liable for malpractice and fund misappropriation allegedly committed by an associate who -- unbeknownst to the firm -- performed accounting and legal work for the plaintiffs, the Appeals...

Attorney Luke John Wilburn Jr. dies.
June 28, 2004... Byline: South Carolina Lawyers Weekly Staff Luke John Wilburn Jr. died June 16 in a Spartanburg hospital. He was 69 years old. He was born May 11, 1935, in Union. Wilburn graduated from Union High School where he was awarded the...

S.C. Court of Appeals Case Summaries: June 28, 2004.
June 28, 2004... Byline: South Carolina Lawyers Weekly Staff Attorneys Negligence - Breach of Fiduciary Duty - Agent - Representations Where the appellant business sued a law firm for negligence and breach of fiduciary duty related to the firm's...

South Carolina Lawyers in the News: June 28, 2004.
June 28, 2004... Byline: South Carolina Lawyers Weekly Staff The American, British and Canadian Sections of the FA[c]dA[c]ration Internationale des Counseils en PropriA[c]tA[c] Industrielle held their annual meeting in Portsmouth, N.H., earlier this month....

S.C. Appeals Court rules town immune from suit over police officer's decisions during traffic stop.
June 28, 2004... Byline: Gregory Froom Even though a Harleyville police officer allowed an unlicensed man to drive his friend's car away from a traffic stop, the town was immune from a lawsuit after the driver wrecked, the Appeals Court has ruled. The...

S.C. Court of Appeals Unpublished Case Summaries: June 28, 2004.
June 28, 2004... Byline: South Carolina Lawyers Weekly Staff Workers' Compensation Hip Injury - Injury by Accident - Claim Denial Where the claimant, who complained of lower back pain and posterior thigh pain in January 2000 after a large overhead...

S.C. Workers' Compensation Case Summaries: June 28, 2004.
June 28, 2004... Byline: South Carolina Lawyers Weekly Staff Workers' Compensation Back Injury - Independent Contractor - Statutory Employee Where the employer acknowledged the claimant suffered a back injury but denied that the S.C. Workers'...