South Carolina Lawyers Weekly articles from June 2008

South Carolina Lawyers Weekly archives from June 2008

S.C. Lawyers Briefs: June 2, 2008.(South Carolina)
June 2, 2008... Byline: South Carolina Lawyers Weekly Staff The International Academy of Trial Lawyers has re-elected Nelson Mullins Riley & Scarborough partner Bruce Shaw to a third term on its board of directors and a second term on its budget and...

S.C. Bar's Ethics Committee approves credit arrangement plan.(South Carolina Bar's trade credit account processor)
June 2, 2008... Byline: Gregory Froom A credit arrangement to help sophisticated corporate clients pay attorney fees got a nod from the Bar's Ethics Advisory Committee in a recent opinion. The hypothetical presented to the committee dealt with what is...

South Carolina Lawyers In The News: June 2, 2008.
June 2, 2008... Byline: South Carolina Lawyers Weekly Staff The International Academy of Trial Lawyers has re-elected Nelson Mullins Riley & Scarborough partner Bruce Shaw to a third term on the board of directors and a second term on the budget and...

Ethics committee says trade credit financing OK for business clients.(Ethics Advisory Committee)
June 2, 2008... Byline: Gregory Froom A credit arrangement to help sophisticated corporate clients pay attorney fees got a nod from the Bar's Ethics Advisory Committee in a recent opinion. The hypothetical presented to the committee dealt with what is...

South Carolina group sows seeds of justice.(South Carolina Appleseed Legal Justice Center)
June 2, 2008... Byline: Diana Smith A public defender's work is never done. Years, or even just months, after Columbia attorney Tammy Besherse concluded one case with a client, she would find herself back in court -- with the same individual. "A...

$100 bill real; U.S. District Court says libel claim can proceed.
June 2, 2008... Byline: Gregory Froom A Greenville woman's defamation claim against Target -- whose employee e-mailed other retailers, falsely accusing her of trying to pass a fake $100 bill -- could go forward, the U.S. District Court has ruled. The...

Administrative Law Judge Division Case Summaries: June 2, 2008.
June 2, 2008... Byline: South Carolina Lawyers Weekly Staff Administrative Retirement - 'Buy In' - Reimbursement - Jurisdiction A petitioner's claim that the S.C. Retirement Systems should reimburse him for the additional amount he had to pay in...

S.C. Court of Appeals Case Summaries: June 2, 2008.(South Carolina)(Case overview)
June 2, 2008... Byline: South Carolina Lawyers Weekly Staff Criminal Murder - Statement Admissibility - Contempt - Cross- Examination The Circuit Court improperly admitted an accomplice's statement made to law enforcement while in police custody...

S.C. Court of Appeals Unpublished Case Summaries: June 2, 2008.(South Carolina)
June 2, 2008... Byline: South Carolina Lawyers Weekly Staff Workers' Compensation Carpal Tunnel Syndrome - Change Of Condition - Trigger Finger An employer's request to stop compensation payments was properly denied since substantial evidence...

S.C. Supreme Court Case Summaries: June 2, 2008.(South Carolina )
June 2, 2008... Byline: South Carolina Lawyers Weekly Staff Appeals Animal Cruelty - Post- Seizure Hearing - Horses The appellants, whose horses were seized based on allegations of animal cruelty, were entitled to a post-seizure hearing under S.C....

U.S. Court of Appeals 4th Circuit Case Summaries: June 2, 2008.
June 2, 2008... Byline: South Carolina Lawyers Weekly Staff Civil Rights Constitutional - Privacy Right - Partial- Birth Abortion A Virginia abortion statute is unconstitutional under Gonzales v. Carhart, 127 S.Ct. 1610 (2007), because it...

U.S. District Court Case Summaries: June 2, 2008.
June 2, 2008... Byline: South Carolina Lawyers Weekly Staff Tort Defamation - Counterfeit Bill - E-Mail - Actual Malice A woman, who sued Target for defamation after an employee e-mailed various individuals falsely accusing her of using a...

Special risk rule bars comp recovery for man who suffocated, rules S.C. Court of Appeals.(compensation claim)(South Carolina)
June 9, 2008... Byline: Gregory Froom A Greenville man's death in a workplace toilet -- where he suffered either a seizure or a heart attack before falling and inhaling a plastic trash bag -- did not give rise to a compensable comp claim, the Court of...

Closing guidelines for lawyers remain an open issue in South Carolina.
June 9, 2008... Byline: Diana Smith Are suggested rules about lawyers' responsibilities in real estate transactions necessary or unnecessary? That's the question the state Supreme Court will address in the coming months as it reviews an S.C. Bar task...

Affair could still be adulterous, despite no sexual intercourse, rules S.C. Court of Appeals.(South Carolina)
June 9, 2008... Byline: Gregory Froom Adultery blocked a Travelers Rest woman from collecting alimony, even though she claimed her extramarital relationship never went beyond kissing and touching, the appeals court ruled May 28. The panel reversed...

S.C. Court of Appeals Case Summaries: June 9, 2008.(South Carolina)
June 9, 2008... Byline: South Carolina Lawyers Weekly Staff Domestic Relations Adultery - Alimony - No Sexual Intercourse The Family Court erred in awarding the wife alimony since the husband met his burden of proving she committed adultery, the...

S.C. Court of Appeals Unpublished Case Summaries: June 9, 2008.(South Carolina)
June 9, 2008... Byline: South Carolina Lawyers Weekly Staff Workers' Compensation Death Benefits - Increased Danger Rule - Special Risk Rule - Compensability The Circuit Court properly affirmed the Workers' Compensation Commission's denial of...

S.C. Supreme Court Case Summaries: June 9, 2008.(South Carolina)
June 9, 2008... Byline: South Carolina Lawyers Weekly Staff Attorney Disciplinary Matter Admitted Misconduct - Failure To Adequately Communicate An attorney, who admitted misconduct for failing to keep numerous clients reasonably informed about...

U.S. Court of Appeals 4th Circuit Case Summaries: June 9, 2008.(United States)
June 9, 2008... Byline: South Carolina Lawyers Weekly Staff Civil Rights Firefighter Training - Due Process - Heat Stroke The parents of a 23-year-old firefighter in training who died of heat stroke during a training exercise cannot sue the county...

Interim publisher takes reins from founder, longtime leader of South Carolina Lawyers Weekly.(Glenda J. Russell and David Blackwell)
June 16, 2008... Byline: Guy Loranger Glenda J. Russell has been named interim publisher of South Carolina Lawyers Weekly and its two sister publications, North Carolina Lawyers Weekly and Carolina Paralegal News. Russell, who is director of...

Host of new laws makes the cut before end of South Carolina's 2008 legislative session.
June 16, 2008... Byline: Gregory Froom The 2008 General Assembly session wrapped up earlier this month when lawmakers headed home June 5. But before they made their exit from the State House, legislators passed a number of initiatives many of which...

S.C. Court of Appeals Case Summaries: June 16, 2008.(South Carolina)
June 16, 2008... Byline: South Carolina Lawyers Weekly Staff Civil Power Of Attorney - Fraud - Conversion - Witness Exclusion - Alzheimer's Disease A neighbor's testimony in a breach of fiduciary duty case was properly excluded since all the...

S.C. Court of Appeals Unpublished Case Summaries: June 16, 2008.(South Carolina)
June 16, 2008... Byline: South Carolina Lawyers Weekly Staff Arbitration General Contractor - Hotel - Miscalculation - Attorney Fees The Circuit Court properly affirmed the arbitration award against a general contractor since the contractor's...

S.C. Supreme Court Case Summaries: June 16, 2008.(South Carolina)
June 16, 2008... Byline: South Carolina Lawyers Weekly Staff Taxation Property Tax Assessment - Contiguous Property - Manufacturing A company's office and order-fulfillment center buildings are contiguous to its plant site and should be assessed at...

U.S. Court of Appeals 4th Circuit Case Summaries: June 16, 2008.
June 16, 2008... Byline: South Carolina Lawyers Weekly Staff Bankruptcy Fraudulent Transfer - Accounting Practice - Shell Corporation Although a woman was sole shareholder of a corporation through which her husband transferred assets of his...

Commentary: New USC law clinic to help nonprofits navigate legal terrain.(University of South Carolina School of law)
June 16, 2008... Byline: Ruth W. Cupp "The London Times newspaper also has a woman-lawyer weekly columnist, similar to the S.C. Lawyers Weekly," attorney James M. Gibson said to me. At this news, I was so excited to read her columns. "Google The...

Commentary: Be a Web-savvy attorney through effective online strategies.
June 16, 2008... Byline: Andrew Wetzler For most legal professionals, marketing through the Internet is a bit of a mystery. There was a time when just being listed in the Yellow Pages was enough for the phone to ring. But in today's highly competitive...

South Carolina Legal Obituary: Harriet McBryde Johnson.(Obituary)(Brief article)
June 16, 2008... Byline: South Carolina Lawyers Weekly Staff Charleston attorney Harriet McBryde Johnson died on June 4. She was 50. Born with a congenital neuromuscular disorder, Johnson dedicated her professional and personal life to public education...

South Carolina Lawyers in the News: June 16, 2008.(Haynsworth Sinkler Boyd)(Brief article)
June 16, 2008... Byline: South Carolina Lawyers Weekly Staff Aarati Doddanna is the newest associate attorney in the Charleston office of Haynsworth Sinkler Boyd. She will concentrate her practice on business law, including employment, health-care and...

Former running back from S.C. wins courtroom victory in contract dispute.(Duce Staley)
June 16, 2008... Byline: Guy Loranger A professional football player with a Super Bowl ring and a multi-million dollar salary may not seem like he could become a ready victim. But that's exactly what happened to former University of South Carolina and...

No new trial despite erroneous jury charge on assumption of risk, rules S.C. Supreme Court.
June 16, 2008... Byline: Gregory Froom A trial court's erroneous jury charge on assumption of the risk was not enough to upset a defense verdict for a Chester obstetrician in a fetal oxygen-deprivation suit, the Supreme Court has ruled. The reason:...

S.C. Lawyers in the News: June 23, 2008.(South Carolina)
June 23, 2008... Byline: Diana Smith Kirsten Small, special counsel in Nexsen Pruet's Greenville office, has been appointed to serve on the criminal justice appellate panel committee for the U.S. Court of Appeals for the Fourth Circuit. As part of the...

S.C. Court of Appeals justices rule intraocular implant not a 'corrective lens' under comp.(South Carolina)
June 23, 2008... Byline: Gregory Froom A Lowcountry man whose eye was injured in a workplace accident was not entitled to comp benefits based on what his vision would have been without a lens implanted to correct his eyesight, the Court of Appeals has...

S.C. Supreme Court rules reasonable investigation needed before filing legal malpractice lawsuit.
June 23, 2008... Byline: Gregory Froom A "reasonable investigation" is required before filing a lawsuit that accuses an attorney of legal malpractice or converting client funds, the Supreme Court ruled June 16. The decision carves out an exception to...

Patient privacy claim barred by tacit consent to third party's presence in examination room.
June 23, 2008... Byline: Gregory Froom The appeals court has tossed a lawsuit brought by a woman who claimed a Rock Hill doctor breached their patient-physician confidentiality when he revealed her hepatitis diagnosis to her brother and sister-in-law. ...

New director of S.C. Trial Lawyers Association discusses plans to excise tainted term from name.(South Carolina Trial Lawyers Association's name)
June 23, 2008... Byline: Diana Smith Highlighting the impact of trial lawyers on the legal community and boosting their public image are key goals for the new leader of the S.C. Trial Lawyers Association. Lawyers Weekly. Although no official...

S.C. Administrative Law Judge Division Case Summaries: June 23, 2008.(South Carolina)
June 23, 2008... Byline: South Carolina Lawyers Weekly Staff Administrative Driver's License Suspension - Failure To Advise - Sect. 56-5-2934 Rights The DMVH hearing officer erred by rescinding the respondent's suspension on the grounds that he...

S.C. Court of Appeals Case Summaries: June 23, 2008.(South Carolina)
June 23, 2008... Byline: South Carolina Lawyers Weekly Staff Criminal Peremptory Challenges - Batson Motion - Race- Neutral Reason The Circuit Court improperly sustained the state's Batson motion and mandated that a challenged juror be seated on...

S.C. Supreme Court Case Summaries: June 23, 2008.(South Carolina)
June 23, 2008... Byline: South Carolina Lawyers Weekly Staff Attorneys Negligence - S.C. Frivolous Proceedings Sanction Act - Investigation - Misappropriation Of Client Funds - Legal Malpractice Before bringing a conversion claim against an...

U.S. Court of Appeals 4th Circuit Case Summaries: June 23, 2008.(United States)
June 23, 2008... Byline: South Carolina Lawyers Weekly Staff Administrative Mine Safety - Independent Contractor Violations A coal mine owner-operator can be cited for safety violations committed by an independent contractor hired by the owner, the...

South Carolina Lawyers In The News: June 20, 2008.
June 30, 2008... Byline: South Carolina Lawyers Weekly Staff McAngus Goudelock & Courie attorney Carl Edwards has moved to the firm's Charleston office. Edwards, who leads the liability team in Charleston, has over 18 years of experience handling and trying...

Abrams moves into dean's office as new head of Charleston School of Law.(Andy Abrams)
June 30, 2008... Byline: Diana Smith Strengthening bar pass rates, ramping up diversity efforts and fostering relationships with the local and state bars are among the top priorities for the new dean of the Charleston School of Law. Andy Abrams, who...

S.C. Supreme Court: Design immunity did not shield SCDOT from liability in fatal accident.(South Carolina Department of Transportation)
June 30, 2008... Byline: Gregory Froom The state highway department could be held liable for a fatal crossover accident on Interstate 77 in Columbia, despite its assertion of immunity against claims that it negligently failed to install median barriers,...

S.C. Court of Appeals vacates judgment because of no interpreter at damages hearing.(South Carolina)
June 30, 2008... Byline: Gregory Froom, Editor The appeals court has vacated a $50,000 default judgment in a Richland County business dispute between two native Korean-speakers because there was no interpreter at the damages hearing to assist the litigants...

Va. company's Web site did not subject business to personal jurisdiction in S.C., appeals panel rules.(Virginia, South Carolina)
June 30, 2008... Byline: Gregory Froom A Virginia-based nuclear decontamination company and its owners could not be haled into court in South Carolina to defend a trade secrets case, even though the company's Web site allegedly targeted customers here, the...

S.C. Court of Appeals Case Summaries: June 30, 2008.(South Carolina)
June 30, 2008... Byline: South Carolina Lawyers Weekly Staff Civil Apportionment Of Interpleaded Funds - Ownership Interest - Aggrieved Party - Bank A bank lacked standing to object to the settlement of apportioned funds since it has no interest...

S.C. Supreme Court Case Summaries: June 30, 2008.(South Carolina)
June 30, 2008... Byline: South Carolina Lawyers Weekly Staff Constitutional General Assembly - One- Subject Rule - Amendment - Severability Numerous acts passed by the General Assembly in 2007 violate the one-subject rule of the South Carolina...

U.S. Court of Appeals 4th Circuit Case Summaries: June 30, 2008.
June 30, 2008... Byline: South Carolina Lawyers Weekly Staff Civil Rights First Amendment - 'Government Speech' - Public School System A South Carolina public school system that used its own communication system, including its Web site and e-mail...