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Verdicts & Settlements June 4, 2007: Motorist injured in accident with intoxicated driver wins case.
June 4, 2007... Byline: South Carolina Lawyers Weekly Staff
$10 Million Verdict
Civil -- motor vehicle accident.
Principal injuries (in order of severity): Severe head trauma resulting in coma for 7 months and intensive care over 10 months.
...
Verdicts & Settlements June 4, 2007: Company prevails in suit against salesman's former employer.
June 4, 2007... Byline: South Carolina Lawyers Weekly Staff
$1,183,200 Verdict
Unfair trade practices.
Principal injuries (in order of severity): All parties claimed interference with their accounts and overall business.
Special damages: n/a...
Verdicts & Settlements June 4, 2007: Estate of man who committed suicide settles claim.
June 4, 2007... Byline: South Carolina Lawyers Weekly Staff
$1 Million Settlement
Psychiatrist negligence contributing to suicide.
Principal injuries (in order of severity): Death by suicide of 71-year-old man.
Special damages: n/a
Tried...
South Carolina Lawyers in the News: June 4, 2007.
June 4, 2007... Byline: South Carolina Lawyers Weekly Staff
Blair installed as president of PLTA
Attorney Cynthia Durham Blair was installed as president of the Palmetto Land Title Association for the 2007-2008 term on April 21 at the organization's...
South Carolina Appeals Court says master-in-equity wrong to order public sale.( Ripponton Plantation )
June 4, 2007... Byline: Gregory Froom
The master-in-equity was wrong to order the public sale of part of Hollywood's Ripponton Plantation after a dispute arose between the property's owners, the Appeals Court has ruled in an unpublished decision.
The...
Veterans Law Project at North Carolina attorneys worry new law won't help in benefit disputes.
June 4, 2007... Byline: Guy Loranger
A federal law that takes effect on June 20 won't change Congress' history of restricting veterans' access to legal assistance, according to the supervising attorney for the Veterans Law Project at North Carolina...
Rock Hill hospital's failure to admit suicidal man results in $1M settlement.
June 4, 2007... Byline: Gregory Froom
The estate of a 71-year-old man who hanged himself after he was turned away from a Rock Hill hospital's psychiatric unit, where he begged to be admitted, has settled its claims against the facility for $1 million.
...
How to make the most of expert witnesses.(Interview)
June 4, 2007... Byline: Nora Lockwood Tooher, Dolan Media Newswires
As a specialist in complex commercial litigation, Patricia Lee Refo often uses expert witnesses to explain difficult subjects to juries.
A partner at Snell & Wilmer in Phoenix, Refo...
S.C. Court of Appeals Unpublished Case Summaries: June 4, 2007.
June 4, 2007... Byline: South Carolina Lawyers Weekly Staff
Employment
Breach Of Contract - Payment Of Wages
Where the appellant argues a letter sent by the university created a contract of employment for a specified one-year term, the Circuit...
U.S. Court of Appeals 4th Circuit Case Summaries: June 4, 2007.
June 4, 2007... Byline: South Carolina Lawyers Weekly Staff
Criminal
Bank Robbery - Gasoline Dousing - Lesser- Included Offense
A defendant who went on a spree in Charlotte, N.C., with his girlfriend during which he threw gasoline on a...
U.S. C.A. 4th Cir. Unpublished Case Summaries: June 4, 2007.
June 4, 2007... Byline: South Carolina Lawyers Weekly Staff
Employment
Breach- Of-Settlement Agreement - Title VII Violation - Subject-Matter Jurisdiction
Where the appellant, a former employee of Blue Cross, argues Blue Cross breached a...
S.C. Court of Appeals Case Summaries: June 11, 2007.
June 11, 2007... Byline: South Carolina Lawyers Weekly Staff
Criminal
Drug Trafficking - Consent To Search
Where the trial judge denied the appellant's motion to suppress the drugs as the product of an unlawful search, this was proper since: (1)...
S.C. Court of Appeals Unpublished Case Summaries:June 11, 2007.(South Carolina Court of Appeals)
June 11, 2007... Byline: South Carolina Lawyers Weekly Staff
Insurance
Policy Exclusion - Minimum Liability Coverage
Where the Circuit Court granted a declaratory judgment for an insurer, this was proper since, although an exclusion in the policy...
S.C. Supreme Court Case Summaries: June 11, 2007.
June 11, 2007... Byline: South Carolina Lawyers Weekly Staff
Criminal
Certiorari
Where we granted certiorari to review the Court of Appeals' decision in this case, we dismiss certiorari as improvidently granted after careful consideration.
...
U.S. Court of Appeals 4th Circuit Case Summaries: June 11, 2007.
June 11, 2007... Byline: South Carolina Lawyers Weekly Staff
Immigration
Political Asylum - Chinese Population Policy
The Fourth Circuit grants the petition for review of a native of the People's Republic of China who claims he fled to the U.S. to...
U.S. District Court Case Summaries: June 11, 2007.
June 11, 2007... Byline: South Carolina Lawyers Weekly Staff
Employment
Wrongful Termination - Employee Handbook - Contract
Where the plaintiff seeks recovery for wrongful termination, alleging the employer created an enforceable contract through...
S.C. Lawyers in the News: June 11, 2007.
June 11, 2007... Byline: South Carolina Lawyers Weekly Staff
Pearce Law Firm opens in Mount Pleasant
Attorney Dixon F. Pearce II has opened the Pearce Law Firm, LLC in Mount Pleasant. The practice will focus on all aspects of real estate transactions,...
S.C. Bar's House of Delegates approves $55 dues hike to fund building, higher overhead.(South Carolina)
June 11, 2007... Byline: Gregory Froom
Save space in your 2008 budget for $55 more in Bar dues: The House of Delegates voted May 31 to bump up fees in part to finance a new building for the organization.
The increased dues, which still must be approved...
Business court pilot program voted up after S.C. Bar's House of Delegates debate.
June 11, 2007... Byline: Gregory Froom
Some business cases would get special treatment under a pilot program approved by the Bar's House of Delegates at its May 31 meeting in Columbia.
A resolution calls on the Supreme Court to create a business courts...
Lanneau Wm. "Lanny" Lambert Jr. takes helm at S.C. Bar.(South Carolina)
June 11, 2007... Byline: Gregory Froom
The first transactional lawyer to serve as Bar president in over a decade, Lanneau Wm. "Lanny" Lambert Jr. was installed May 31 at the Columbia Metropolitan Convention Center.
Lambert is the managing shareholder...
Presidency puts S.C. Bar spotlight on transactional law.(South Carolina)(Interview)
June 11, 2007... Byline: Gregory Froom
Helping transactional lawyers streamline their practices and making all attorneys aware of the breadth and depth of Bar resources are among the top priorities for the organization's new president.
Columbia...
Lawyers in the Carolinas advised on how to update disaster preparedness plans for their offices.
June 11, 2007... Byline: Guy Loranger
With the start of the Atlantic Hurricane season, it is a good time for lawyers in the Carolinas to develop or update disaster preparedness plans for their offices.
The plan can cover a range of needs, from...
Lease, buy ... or partner?
June 11, 2007... Byline: Dan Haugen, Dolan Media Newswires
MINNEAPOLIS, Minn. — When the time came around for Steven J. Shumaker's law firm to re-examine its lease for office space, he and the other partners decided there had to be a better way.
...
S.C. Bar honors three lawyers for their professional efforts.(South Carolina)
June 11, 2007... Byline: Gregory Froom
The South Carolina Bar recognized three of its members for their contributions to the profession during the May 31 House of Delegates meeting at the Columbia Metropolitan Convention Center.
Columbia lawyer Tina...
S.C. Court of Appeals Case Summaries: June 18, 2007.(South Carolina Court of Appeals)
June 18, 2007... Byline: South Carolina Lawyers Weekly Staff
Contract
Concrete Supply -- Third- Party Beneficiary
A contracting company is not responsible for ice charges since it was the third-party beneficiary of a concrete company's modified...
S.C. Supreme Court Case Summaries: June 18, 2007.(South Carolina Supreme Court)
June 18, 2007... Byline: South Carolina Lawyers Weekly Staff
Attormey Disciplinary Matter
Cocaine Addiction -- Trust Account Reconciliation
An attorney addicted to cocaine who did not reconcile his trust account in accordance with the requirements...
U.S. Court of Appeals 4th Circuit Case Summaries: June 18, 2007.
June 18, 2007... Byline: South Carolina Lawyers Weekly Staff
Civil Rights
Habeas Corpus-Accused Terrorist-Military Detention
Federal courts have jurisdiction to hear a petition for a writ of habeas corpus filed by a citizen of Qatar and legal...
Verdicts & Settlements June 18, 2007: Verdict Report.(Brief article)
June 18, 2007... Byline: South Carolina Lawyers Weekly Staff
$500,000 Verdict
Title VII sexual harassment claim by former faculty/staff member against the president of the college/employer.
Principal injuries (in order of severity): Mental anguish,...
S.C. Lawyers in the News: June 18, 2007.
June 18, 2007... Byline: South Carolina Lawyers Weekly Staff
Moseley receives 2007 outstanding contribution award
Greenville lawyer Robert D. Moseley Jr. has been recognized by the Safety & Loss Prevention Management Council with the 2007 Out-standing...
Other signs of impairment let low BAC test results in, rules S.C. Supreme Court.(blood alcohol concentration)
June 18, 2007... Byline: Gregory Froom
Evidence that a motorcyclist's blood alcohol level was 0.036 percent well below the legal limit was admissible in a Lexington County auto tort dispute because there was also testimony that he was speeding and...
Charleston lawyer hopes to make roads friendlier for cyclists with focus on bike law.(attorney Peter Wilborn)
June 18, 2007... Byline: Guy Loranger
Throughout his career, Peter Wilborn has litigated civil rights, consumer and election law disputes. He never thought he would become a personal injury lawyer, too.
Inspired by a lifelong passion for cycling and a...
Judicial immunity blocks suit against Probate Court, rules S.C. Supreme Court.(South Carolina Supreme Court)
June 18, 2007... Byline: South Carolina Lawyers Weekly Staff
The Horry County Probate Court was acting in a judicial not administrative capacity when it handled a conservatorship, the Supreme Court held June 11 in an apparent first-impression ruling.
...
Voorhees College hit with federal verdict in sexual harassment suit.
June 18, 2007... Byline: South Carolina Lawyers Weekly Staff
A former research director and professor at Voorhees College has prevailed in her Title VII sexual harassment claim against the Denmark institution.
The plaintiff, Moreen Bishop-Joseph,...
How to choose a private banker.
June 18, 2007... Byline: Bernadette Starzee, Dolan Media Newswires
Managing a small fortune can be an enormous job. A private bank can assist you with your banking and investing needs, giving you expert advice along with excellent one-on-one service.
...
Coach's Corner.
June 18, 2007... Byline: Edward Poll
A solo practitioner who is a coaching client called me to talk about his finances, and was depressed because he was operating at a "loss."
The more we talked, it was apparent that his "loss" was really an...
U.S. Supreme Court could mandate electronic briefs.(Brief article)
June 18, 2007... Byline: Lawyers USA Staff
Dolan Media Newswires
The U. S. Supreme Court is pondering a rule change that would shorten the time in which parties have to file briefs and require them to file electronic copies of their merit briefs.
...
What the recruiting process can tell you about a firm.
June 18, 2007... Byline: Stephen E. Seckler
Dolan Media Newswires
Due diligence is a critical component of an effective job search. It is ego gratifying to receive a job offer. But before accepting, there are important questions that most people ask....
The 'S' word: Lawyers describing themselves as specialists.
June 18, 2007... Byline: Dick Dahl
Dolan Media Newswires
New York State Bar Association President Mark H. Alcott thinks this whole S-word thing has gone far enough.
The S-word, as most lawyers in New York and elsewhere are acutely aware, is...
S.C. Lawyers in the News: June 25, 2007.
June 25, 2007... Byline: South Carolina Lawyers Weekly Staff
Whitener receives Compleat Lawyer Award
Attorney H. Dave Whitener Jr., a principal in the Columbia-based law firm of Whitener & Wharton, P.A, has received the Platinum Compleat Lawyer Award...
Prejudice not needed for DUAC dismissal based on taping law, rules S.C. Supreme Court.(driving with an unlawful alcohol concentration, South Carolina)
June 25, 2007... Byline: Gregory Froom
A Rock Hill motorist dodged a drunk driving conviction because the arresting officer's video camera ran out of tape during field sobriety tests and she didn't have to show that it prejudiced her case, the Supreme...
U.S. Supreme Court ruling could reduce Title VII lawsuits over gender-based pay discrimination.(Civili Rights Act)
June 25, 2007... Byline: Guy Loranger
With its recent ruling in Ledbetter v. Goodyear Tire & Rubber Co., the U.S. Supreme Court tightened the time period for bringing pay discrimination claims under Title VII.
The 5-4 decision could lead to a major...
S.C. women lawyers group helps members climb leadership ladder.(South Carolina)
June 25, 2007... Byline: Gregory Froom
Boosting female attorneys as they ascend the rungs of leadership in the legal profession is a key focus for the South Carolina Women Lawyers Association, according to the group's president.
"One of the large...
Women, minorities travel tougher road to top.
June 25, 2007... Byline: Kimberly Atkins, Dolan Media Newswires
Rising to the top at the nation's most powerful law firms is a tough job, especially for minorities and women, according to two recent studies focusing on diversity at the nation's top 200 law...
No workers' comp for board member, rules S.C. Court of Appeals.(South Carolina)
June 25, 2007... Byline: Gregory Froom
Even though a board member of a St. Matthews-based electric co-op was paid for attending a convention in Dallas, he was not entitled to workers' comp benefits after he had an auto accident en route, the Appeals Court...
The importance of having a policy governing blogs.
June 25, 2007... Byline: Victoria Siegel, Dolan Media Newswires
There is a disparaging comment about your organization on a Web log. It was written by an employee.
If your organization does not have a specific policy governing Web logs, also known as a...
S.C. Court of Appeals Case Summaries: June 25, 2007.
June 25, 2007... Byline: South Carolina Lawyers Weekly Staff
Criminal
Burglary - Armed Robbery - Hand Of One, Hand Of All
Under the "hand of one is the hand of all" theory, acts committed by the appellant's accomplice are imputed to the appellant,...
S.C. Supreme Court Case Summaries: June 25, 2007.
June 25, 2007... Byline: South Carolina Lawyers Weekly Staff
Criminal
Unlawful Alcohol Concentration - Videotape Of Incident
A woman convicted of driving with an unlawful alcohol concentration has her conviction reversed since the city failed to...
U.S. Court of Appeals 4th Circuit Case Summaries: June 25, 2007.
June 25, 2007... Byline: South Carolina Lawyers Weekly Staff
Bankruptcy
Bad Faith - Expired Lease - Ch. 11
The debtor, an export-import motor vehicle business, loses its appeal of a Bankruptcy Court order dismissing its Chapter 11 petition as...