South Carolina Lawyers Weekly articles from March 2004

South Carolina Lawyers Weekly archives from March 2004

S.C. circuit judge rules insured could hire defense counsel at insurer's expense.
March 1, 2004... Byline: Gregory Froom A Lowcountry restaurant was entitled to hire its own attorney -- at the insurer's expense -- to defend a tort claim after the insurance company reserved the right to disclaim coverage, a circuit judge has ruled in a...

S.C. Supreme Court Case Summaries: March 1, 2004.
March 1, 2004... Byline: South Carolina Lawyers Weekly Staff Attorney Disciplinary Matter Admitted Misconduct - Trust Account - Public Reprimand Where the respondent admitted misconduct in connection with his handling of a criminal case and in his...

Former General Counsel of S.C. Medical Association joins Greenville-based Health Law Center.
March 1, 2004... Byline: South Carolina Lawyers Weekly Staff Attorney Aaron J. Kozloski has become senior counsel to the Greenville-based Health Law Center. Kozloski will run the Health Law Center's new offices in Columbia. He will also serve in the...

McNair law firm rated top bond counsel in South Carolina.
March 1, 2004... Byline: South Carolina Lawyers Weekly Staff The Bond Buyer, the daily newspaper of public finance, in its national ratings of all municipal finance bond counsels has ranked McNair Law Firm first in South Carolina -- and third in the...

S.C. Court of Appeals Case Summaries: March 1, 2004.
March 1, 2004... Byline: South Carolina Lawyers Weekly Staff Agency and Partnership General Partnership - Contribution - Partnership Debt Where the respondent general partnership sued the appellant, a partner, seeking contribution for an alleged...

S.C. Court of Appeals Unpublished Case Summaries: March 1, 2004.
March 1, 2004... Byline: South Carolina Lawyers Weekly Staff Civil Improper Arrest - Statute of Limitations Where the appellant, who was arrested and incarcerated in June 2000 for failing to pay child support, sued the county, alleging she was...

S.C. Circuit Court Case Summaries: March 1, 2004.
March 1, 2004... Byline: South Carolina Lawyers Weekly Staff Personal Injury Insurance Policy - Independent Counsel - Conflict of Interest Where the plaintiff restaurant, who brought a declaratory judgment action against the defendant, its...

S.C. Workers' Compensation Court Case Summaries: March 1, 2004.
March 1, 2004... Byline: South Carolina Lawyers Weekly Staff Workers' Compensation Hand Injuries - Causally Related Medical Care Where the claimant cut his right hand and middle three fingers when he fell through an opening in a roof while working...

Greenville law firm of Roe Cassidy Coates & Price, P.A. adds new attorney.
March 1, 2004... Byline: South Carolina Lawyers Weekly Staff Attorney D. Randle "Randy" Moody II joined the Greenville-based law firm of Roe Cassidy Coates & Price, P.A. on Jan. 1. A native of Alabama, Moody received his juris doctor from the...

S.C. Appeals Court rules husband cannot get new divorce trial despite death of his attorney.
March 1, 2004... Byline: Gregory Froom An Anderson County man could not get relief from a divorce decree that was entered in his absence -- even though his attorney died several weeks before the final hearing, the Appeals Court has ruled in an unpublished...

U.S. Court of Appeals 4th Circuit Case Summaries: March 1, 2004.
March 1, 2004... Byline: South Carolina Lawyers Weekly Staff Criminal Felon In Possession - Juvenile Adjudication In these consolidated cases involving charges of weapon possession as a felon, based on prior juvenile adjudications, the 4th Circuit...

Rogers Townsend & Thomas attorney sworn in to the U.S. Virgin Islands Bar Association.
March 1, 2004... Byline: South Carolina Lawyers Weekly Staff Attorney Paul M. Platte, a shareholder in the firm of Rogers Townsend & Thomas, P.C., has been sworn in to the Bar Association of the United States Virgin Islands. Platte's legal work will...

Law Explorers team trained by Charleston office of Nexsen Pruet wins mock trial competition.
March 1, 2004... Byline: South Carolina Lawyers Weekly Staff A team of "Law Explorers" trained by the Charleston office of Nexsen Pruet, LLC won first prize in a multi-state mock trial competition held in Gatlinburg, Tenn., on Jan. 30. Nexsen Pruet has...

S.C. Workers' Compensation Case Summaries: March 1, 2004.
March 1, 2004... Byline: South Carolina Lawyers Weekly Staff Workers' Compensation Multiple Injuries - Permanent Disability Where the claimant suffered multiple injuries when he fell from a scaffold and landed across a tub, the appellate panel...

S.C. Court of Appeals rules passive earnings on 401(k) not subject to equitable distribution.
March 1, 2004... Byline: Gregory Froom Where a Greenville County man had money in his 401(k) account before he married, the passive earnings on that sum were not subject to equitable distribution, the Court of Appeals ruled Feb. 18 in an unpublished...

S.C. Supreme Court disciplines lawyers over affair with client, improperly concluding practice.
March 1, 2004... Byline: Michael Dayton The state Supreme Court has disciplined two lawyers, publicly reprimanding one for ethical missteps when closing his practice, and suspending a second for his statements about an alleged affair with a domestic...

U.S. Court of Appeals 4th Circuit Case Summaries: March 8, 2004.
March 8, 2004... Byline: South Carolina Lawyers Weekly Staff Consumer Protection Tax Service Advertising - Injunction - Contempt A District Court did not err in denying the plaintiff tax-preparation service's motion to hold the defendant, a...

S.C. Court of Appeals Case Summaries: March 8, 2004.
March 8, 2004... Byline: South Carolina Lawyers Weekly Staff Corporate Legal Malpractice - Fiduciary Duty - Attorney- Client Relationship Where the appellant, who created a residential surveying company in which a law firm invested in and was to...

S.C. Workers' Compensation Court Case Summaries: March 8, 2004.
March 8, 2004... Byline: South Carolina Lawyers Weekly Staff Workers' Compensation Leg and Arm Injuries - Refusal to Accept Settlement Check Where the claimant, who was awarded permanent partial disability benefits to his right leg and left arm and...

S.C. Lawyers in the News: March 8, 2004.
March 8, 2004... Byline: South Carolina Lawyers Weekly Staff Columbia attorney Catherine Kennedy of the firm Nelson Mullins Riley & Scarborough, LLP, has been certified by the South Carolina Supreme Court as a specialist in estate planning and probate law....

Columbia attorney elected managing director of Haynsworth Sinkler Boyd.
March 8, 2004... Byline: South Carolina Lawyers Weekly Staff Columbia attorney Steve A. Matthews was elected managing director of Haynsworth Sinkler Boyd, P.A at the firm's annual shareholders' meeting Feb. 20 in Charleston. Matthews previously was...

Rogers Townsend & Thomas opens office in Myrtle Beach, S.C.
March 8, 2004... Byline: South Carolina Lawyers Weekly Staff Rogers Townsend & Thomas, P.C., announced on Feb. 23 the opening of a new office in Myrtle Beach. The new office builds upon the success of the firm's Columbia office, which is best known for...

S.C. Supreme Court Case Summaries: March 8, 2004.
March 8, 2004... Byline: South Carolina Lawyers Weekly Staff Criminal Murder - Limited Scope of Closing Argument - Death Penalty Where the appellant, who was convicted of murder, armed robbery, assault with intent to kill, and possession of a...

S.C. Court of Appeals Unpublished Case Summaries: March 8, 2004.
March 8, 2004... Byline: South Carolina Lawyers Weekly Staff Civil Practice Review of Medical Fee Schedule - Statute of Limitations Where the appellants, a group of orthopaedic surgeons and neurologists, sued the South Carolina Workers'...

Gallivan, White & Boyd, P.A. announces new managing shareholder, executive committee.
March 8, 2004... Byline: South Carolina Lawyers Weekly Staff H. Mills Gallivan has been elected the managing shareholder of Gallivan, White & Boyd, P.A. As managing shareholder, Gallivan will lead efforts to introduce and implement firm-wide...

S.C. Supreme Court rules expert qualified to give biomechanics testimony.
March 8, 2004... Byline: Gregory Froom Even though a physician lacked a degree in biomechanics, he was qualified to offer expert testimony that a plaintiff was not injured in a low-speed collision in Charleston County, the Supreme Court ruled March 1. ...

S.C. Appeals Court rules plaintiff entitled to new trial on defect claim after loader accident.
March 8, 2004... Byline: Gregory Froom A Lexington County man who was injured when a log dropped from a loader was properly granted a new trial against the loader's manufacturer and seller, the Appeals Court has ruled in an unpublished decision. The...

S.C. Appeals Court rules businessman can get trial on malpractice claims against law firm.
March 8, 2004... Byline: Gregory Froom A Charleston County surveyor could take his legal malpractice claims to trial against the law firm that set up and invested in a company that he partly owned, the Appeals Court has ruled. In reversing summary...

S.C. Legislature passes bill to set procedure for disclaiming worker handbooks.
March 15, 2004... Byline: Michael Dayton An employee handbook will not create a binding contract if it has a clear page-one disclaimer and is signed by the employee, under a bill just passed by lawmakers. House Bill 3448, approved March 4, was awaiting...

U.S. Court of Appeals 4th Circuit Case Summaries: March 15, 2004.
March 15, 2004... Byline: South Carolina Lawyers Weekly Staff Administrative Food Stamp Disqualification - Cash Register Tapes Where a supermarket owner/operator had no explanation for his store's occasional collection of more in food stamp...

S.C. Appeals Court rules law firm's client entitled to new trial on malpractice claims against firm.
March 15, 2004... Byline: Gregory Froom A client of a Florence law firm will get a new trial on her allegations that the firm mishandled her child custody and divorce proceedings, the Appeals Court ruled March 8. The client claimed that her divorce...

S.C. Supreme Court Case Summaries: March 15, 2004.
March 15, 2004... Byline: South Carolina Lawyers Weekly Staff Criminal Post-conviction Relief - Ineffective Assistance of Counsel Where the PCR Court granted the respondent relief and ordered a new appeal, finding the respondent's appellate counsel...

S.C. Workers' Compensation Case Summaries: March 15, 2004.
March 15, 2004... Byline: South Carolina Lawyers Weekly Staff Workers' Compensation Back Injury - Permanent Partial Disability Where the claimant suffered a compensable injury by accident to her back when she lifted a large hoop of cheese in her...

S.C. Court of Appeals rules boy injured by gun found in car cannot recover under UM policy.
March 15, 2004... Byline: Gregory Froom A five-year-old Charleston County boy who was injured by a gun that he found in a car's glove compartment could not recover under his grandmother's UM policy, the Court of Appeals has ruled in an unpublished opinion....

S.C. Court of Appeals Case Summaries: March 15, 2004.
March 15, 2004... Byline: South Carolina Lawyers Weekly Staff Appeals Payment of Wages Act - Jurisdiction - Timeliness of Appeal Where the appellant school district appeals the trial court's award of attorney's fees to the respondent following a...

S.C. Court of Appeals Unpublished Case Summaries: March 15, 2004.
March 15, 2004... Byline: South Carolina Lawyers Weekly Staff Insurance Accidental Shooting - Uninsured Motorist Coverage Where the appellant, who was visiting Mr. Smith with her five-year-old grandson, sought uninsured motorist benefits from her...

S.C. Workers' Compensation Court Case Summaries: March 15, 2004.
March 15, 2004... Byline: South Carolina Lawyers Weekly Staff Workers' Compensation Back Injury - Admitted Claim - Permanent Partial Disability Where the claimant suffered an admitted injury to his back when a dump truck operated by him was struck...

Charleston attorney authors article considering legality of fees on developers.
March 15, 2004... Byline: South Carolina Lawyers Weekly Staff As the nation grows, so do the number of developments required to sustain the population, but does the government have the right to demand fees or donations of property from developers and...

South Carolina Women Lawyers Association announces new officers.
March 15, 2004... Byline: South Carolina Lawyers Weekly Staff The South Carolina Women Lawyers Association recently announced its officers for 2004: * President Kathryn M. Cook is a partner in the law firm of Cook & Roy, LLC in North Myrtle Beach. She...

S.C. Court of Appeals Case Summaries: March 22, 2004.
March 22, 2004... Byline: South Carolina Lawyers Weekly Staff Civil Practice Michigan Default Judgment - Res Judicata - Personal Jurisdiction Where: (1) the respondent sued the appellant in Michigan alleging it was liable for breach of various...

S.C. Workers' Compensation Court Case Summaries: March 22, 2004.
March 22, 2004... Byline: South Carolina Lawyers Weekly Staff Workers' Compensation Back Injury - Permanent Partial Disability Where the claimant suffered an admitted injury by accident to her back while lifting a heavy pan of meat from her...

S.C. Supreme Court rules insurer's obligation to pay default judgment is not relieved by statute.
March 22, 2004... Byline: Gregory Froom The insurer of the at-fault driver in an Anderson County accident could be required to pay a default judgment entered against the driver -- even though the insurance company was not notified of the suit until after...

U.S. Court of Appeals 4th Circuit Case Summaries: March 22, 2004.
March 22, 2004... Byline: South Carolina Lawyers Weekly Staff Civil Rights Excessive Force - Qualified Immunity - Suicide Threat The 4th Circuit denies a petition for rehearing and rehearing en banc in this case , in which a panel earlier held that...

S.C. Supreme Court Case Summaries: March 22, 2004.
March 22, 2004... Byline: South Carolina Lawyers Weekly Staff Insurance Automobile Policy - Notice - Innocent Third Party Where we granted certiorari to consider a Court of Appeals' decision holding that Sect. 38-77-142(B) (2002) modified the...

S.C. Court of Appeals Unpublished Case Summaries: March 22, 2004.
March 22, 2004... Byline: South Carolina Lawyers Weekly Staff Banks and Banking Car Loan - Default - Bankruptcy Petition - Jurisdiction Where the respondent stopped making payments on a car loan he obtained from the appellant bank, a default...

S.C. Supreme Court rules employer provided transportation under comp law despite charge.
March 22, 2004... Byline: Gregory Froom Even though employees of a Lowcountry roofing company were charged for transportation to work, the employer still "provided" the service for purposes of the going and coming rule, the Supreme Court has ruled in an...

S.C. Court of Appeals rules assurances about job retention didn't alter workers' at-will status.
March 22, 2004... Byline: Gregory Froom Assurances that employees of a Midlands manufacturer could keep their jobs after a corporate buyout did not alter their at-will status, the Court of Appeals has ruled in an unpublished opinion. No employment...

Greenville attorney honored for conservation leadership.
March 22, 2004... Byline: South Carolina Lawyers Weekly Staff The nation's leading conservation education and advocacy group has honored Greenville attorney C. Thomas "Tommy" Wyche with its National Conservation Achievement Award for exemplary leadership in...

Motley Rice LLC recognized by S.C. Professional Society on the Abuse of Children.
March 22, 2004... Byline: South Carolina Lawyers Weekly Staff Motley Rice LLC's dedication to children's welfare was recognized Feb. 27 by the South Carolina Professional Society on the Abuse of Children. SCPSAC honored the law firm with its Corporate...

Charleston attorney Philip Lader named to Lloyd's of London Board.
March 22, 2004... Byline: South Carolina Lawyers Weekly Staff Philip Lader, a Charleston partner with the law firm of Nelson Mullins Riley & Scarborough LLP, has been elected to the board of Lloyd's of London, the 300-year-old global insurance market. ...

Greenville attorneys selected for membership to legal organizations.
March 22, 2004... Byline: South Carolina Lawyers Weekly Staff Greenville attorney W. Howard Boyd Jr. has been elected to membership in the American Board of Trial Advocates. ABOTA is a national association of experienced trial lawyers and judges who are...

S.C. Appeals Court rules plaintiff not limited to workers' comp in claim against workplace doctor.
March 29, 2004... Byline: Gregory Froom A physician who performed a workplace physical -- but allegedly failed to disclose the results of an employee's cancer-screening test -- could be sued for medical malpractice outside of the Workers' Compensation Act,...

U.S. Court of Appeals 4th Circuit Case Summaries: March 29, 2004.
March 29, 2004... Byline: South Carolina Lawyers Weekly Staff Bankruptcy Garnishment Order - Preferential Transfer The order of the District Court appealed from is described in Bank of America N.A. (USA) v. Stine, 252 B.R. 902 (D. Md. 2000), and the...

S.C. state senator criticized for halting Internet sexual predators bill.
March 29, 2004... Byline: South Carolina Lawyers Weekly Staff A leader of a victims' advocacy group has criticized state Sen. John Kuhn after he halted a bill targeting Internet sexual predators, but the Republican said his vote shouldn't be seen as...

S.C. Appeals Court rules Tort Claims Act does not prevent change of venue to neighboring county.
March 29, 2004... Byline: Gregory Froom Even though the Tort Claims Act required cases to be brought "in the county in which the act or omission occurred," a suit against the Department of Transportation over a Union County accident could be transferred to...

S.C. Court of Appeals Case Summaries: March 29, 2004.
March 29, 2004... Byline: South Carolina Lawyers Weekly Staff Civil Competing Providers - Medical Equipment Purchases - UTPA Where the respondent/appellant InMed sued the appellants/respondents MedQuest, who are competing providers of magnetic...

S.C. Court of Appeals Unpublished Case Summaries: March 29, 2004.
March 29, 2004... Byline: South Carolina Lawyers Weekly Staff Criminal Lynching - ABHAN - Lesser Included Offense Where the appellant, who was indicted for second-degree lynching, pled guilty to assault and battery of a high and aggravated nature as...

Jamie Ackermann joins Greenville firm of Gallivan, White & Boyd as a counsel attorney.
March 29, 2004... Byline: South Carolina Lawyers Weekly Staff Jamie Ackermann has joined the Greenville firm of Gallivan, White & Boyd as an of counsel attorney. Ackermann's primary practice areas include design and construction; business litigation;...

American College of Trial Lawyers inducts Wallace K. Lightsey of the Wyche Firm.
March 29, 2004... Byline: South Carolina Lawyers Weekly Staff Wallace K. Lightsey, a member of the Wyche Law Firm, has become a fellow of the American College of Trial Lawyers. The induction ceremony at which Lightsey became a fellow took place during...

S.C. Appeals Court rules inter vivos gift delivered by handing over key to locked money bag.
March 29, 2004... Byline: Gregory Froom A Barnwell County woman successfully made an inter vivos gift of cashier's checks that were locked in a bank bag -- even though the bag and checks were left at her house until after her death, the Appeals Court has...

S.C. Supreme Court Case Summaries: March 29, 2004.
March 29, 2004... Byline: South Carolina Lawyers Weekly Staff Contract Mechanic's Lien - Rule 60(b) Motion - Intrinsic/Extrinsic Fraud Where the appellant, who made no payments on a construction contract with the respondent, filed a motion pursuant...

Attorney Eugene Hamilton Matthews to lead Richardson Plowden's employment law group.
March 29, 2004... Byline: South Carolina Lawyers Weekly Staff Attorney Eugene Hamilton Matthews has joined Richardson, Plowden, Carpenter & Robinson, P.A. as special counsel to lead the firm's employment law practice group. RPC&R's employment law...

S.C. Supreme Court rules chemical cleanup is covered by insurance policy as damages.
March 29, 2004... Byline: Michael Dayton Where government regulators required an agricultural chemical company to remove contaminated soil from three of its South Carolina sites, the cleanup costs qualified as "damages" for insurance purposes, the state...