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S. C. Lawyers in the News: March 7, 2005.
March 7, 2005... Byline: South Carolina Lawyers Weekly Staff
Attorney Ellis R. Lesemann has joined Parker Poe Adams & Bernstein LLP as an associate in the firm's Charleston office. Lesemann concentrates his practice in the areas of employment law and...
Rogers Townsend & Thomas, P.C. adds five new shareholders.
March 7, 2005... Byline: South Carolina Lawyers Weekly Staff
Rogers Townsend & Thomas, P.C. has added five new shareholders. The decision was made at the annual shareholder meeting last month.
The new shareholders are:
Cynthia Durham Blair, who...
S.C. Supreme Court Case Summaries: March 7, 2005.
March 7, 2005... Byline: South Carolina Lawyers Weekly Staff
Criminal
Prior Bad Acts - Admission of Evidence
Where the Court of Appeals reversed the respondent's conviction and remanded the matter for a new trial, this was proper since the...
U.S. Court of Appeals 4th Circuit Case Summaries: March 7, 2005.
March 7, 2005... Byline: South Carolina Lawyers Weekly Staff
Bankruptcy
Avoidable Transfers - Post- Petition Interest Payments
A debtor company's interest payments on a post-petition life insurance policy loan constituted avoidable transfers under...
U.S. Court of Appeals 4th Circuit Unpublished Case Summaries: March 7, 2005.
March 7, 2005... Byline: South Carolina Lawyers Weekly Staff
Employment
Refusal to Pay Sales Commissions - Payment of Wages Act
Where the plaintiff sued his employer under the South Carolina Payment of Wages Act, alleging he did not receive all the...
S.C. Court of Appeals Case Summaries: March 7, 2005.
March 7, 2005... Byline: South Carolina Lawyers Weekly Staff
Corporate
Default Judgment - Notice of Damages Hearing
Where the respondent sued the appellant business, which operated through a corporate structure that includes various subsidiaries,...
S.C. Court of Appeals Unpublished Case Summaries: March 7, 2005.
March 7, 2005... Byline: South Carolina Lawyers Weekly Staff
Civil Practice
Motion to Dismiss - Failure to Appear
Where the appellant filed a motion to dismiss, was properly notified, but did not appear at the hearing, the Circuit Court properly...
S. C. Appeals Court rules company not liable for wreck during employee's joyride.
March 14, 2005... Byline: Gregory Froom
A Lowcountry solid waste contractor did not negligently entrust its truck to a joyriding employee even though he had a history of taking the vehicle home without authorization, the Appeals Court has ruled in an...
U.S. Court of Appeals 4th Circuit Case Summaries: March 14, 2005.
March 14, 2005... Byline: South Carolina Lawyers Weekly Staff
Civil Rights
Sex Discrimination - Title IX - Female Place Kicker - Attorney's Fees
Although Duke University contends the plaintiff, an all-state high school place kicker who became the...
S.C. Court of Appeals Case Summaries: March 14, 2005.
March 14, 2005... Byline: South Carolina Lawyers Weekly Staff
Criminal
Murder - Lynching - Statement by Unavailable Witness
Where the appellant, who was found guilty of murder and lynching in the first degree, argues an unavailable witness'...
S.C. Court of Appeals Unpublished Case Summaries: March 14, 2005.
March 14, 2005... Byline: South Carolina Lawyers Weekly Staff
Contract
Unjust Enrichment - Quantum Meruit - Equity
Where the respondent sued the appellant, claiming the appellant failed to adequately compensate him for services performed as a sales...
S.C. Lawyers in the News: March 14, 2005.
March 14, 2005... Byline: South Carolina Lawyers Weekly Staff
Charleston attorney C. Allen Gibson Jr. has been selected to serve on the American Arbitration Association's construction arbitrator master panel, a group of approximately 100 highly experienced...
S.C. Lawyers in the News: March 14, 2005.
March 14, 2005... Byline: South Carolina Lawyers Weekly Staff
Nelson Mullins Riley & Scarborough will receive the 2005 John Minor Wisdom Public Service and Professionalism Award from the litigation section of the American Bar Association.
Nelson Mullins...
S. C. Real Property Case Summaries: March 14, 2004.
March 14, 2005... Byline: South Carolina Lawyers Weekly Staff
Upstate Counties Ask Court To Move Pollution Monitor
GREENVILLE Greenville and Anderson counties have asked a federal appeals court to force the Environmental Protection Agency to move an...
S.C. Supreme Court Case Summary: March 14, 2005.
March 14, 2005... Byline: South Carolina Lawyers Weekly Staff
Criminal
Accessory Before the Fact - Absence From Scene of Crime
Where the appellant, who was convicted of accessory before the fact of armed robbery and accessory before the fact of...
Workers' Compensation Case Summaries: March 14, 2005.
March 14, 2005... Byline: South Carolina Lawyers Weekly Staff
Workers' Compensation
Leg and Back Injury - Repetitive Trauma - Permanent Disability
Where the claimant, who suffered from degenerative disc disease, alleges he injured his back and leg...
SC Court of Appeals rules summons service effective despite man's claim he had moved.
March 21, 2005... Byline: Michael J. Dayton
Even though a York County man claimed he was separated from his wife when a sheriff's deputy left a summons and complaint at his marital residence, service was still proper, the Court of Appeals has ruled.
...
U.S. Court of Appeals 4th Circuit Case Summaries: March 21, 2005.
March 21, 2005... Byline: South Carolina Lawyers Weekly Staff
Bankruptcy
Appeals - 'Person Aggrieved' - Waiver
In this Chapter 7 bankruptcy proceeding involving a broadcasting company, an individual owner of 55 percent of the broadcasting company's...
S.C. Court of Appeals Case Summaries: March 21, 2005.
March 21, 2005... Byline: South Carolina Lawyers Weekly Staff
Arbitration
Breach of Contract - Quantum Meruit - Statute of Limitations
Where the appellant appeals a Circuit Court order confirming an arbitrator's award of $260,000 to the respondent,...
S.C. Court of Appeals Unpublished Case Summaries: March 21, 2005.
March 21, 2005... Byline: South Carolina Lawyers Weekly Staff
Criminal
First Degree Burglary - Juvenile - Guilty Plea
Where the appellant juvenile, who pled guilty to various crimes including first-degree burglary, argues the Family Court lacked...
S. C. Lawyers in the News: March 21, 2005.
March 21, 2005... Byline: South Carolina Lawyers Weekly Staff
Attorney M. Heath Gilbert Jr. has hired on with The Bray Law Firm in Charlotte, N.C. He will focus on business law and corporate litigation as well as entertainment law and litigation. Gilbert...
S.C. Supreme Court Case Summaries: March 21, 2005.
March 21, 2005... Byline: South Carolina Lawyers Weekly Staff
Criminal
Death Penalty - Ineffective Assistance of Counsel
Where we granted certiorari to review a post-conviction relief order granting the respondent a new capital sentencing...
S.C. Workers' Compensation Court Case Summaries: March 21, 2005.
March 21, 2005... Byline: South Carolina Lawyers Weekly Staff
Workers' Compensation
Mental Injury - Unusual and Extraordinary Work Conditions
Where the claimant alleges she sustained a compensable mental injury caused by mental stress after her...
Supreme Court rules verdict started limitations clock on legal malpractice lawsuit.
March 28, 2005... Byline: Gregory Froom
An Aiken doctor was time-barred from suing his attorney over an allegedly flawed defense in a medical malpractice suit that resulted in a $6 million verdict, the Supreme Court ruled March 21.
The statute of...
S.C. Appeals Court rules no Rule 60 relief for divorced wife who later found missing prenuptial.(South Carolina)
March 28, 2005... Byline: Gregory Froom
A Charleston County woman could not reopen her divorce after she found a copy of her missing prenuptial agreement in a desk drawer several months later, the Appeals Court has ruled.
Relief from the final divorce...
U.S. Court of Appeals 4th Circuit Case Summaries: March 28, 2005.
March 28, 2005... Byline: South Carolina Lawyers Weekly Staff
Civil Practice
Multidistrict Litigation - Wireless Cell Phones - Consumer Protection - Unsafe Radiation
In this multidistrict litigation involving five consolidated class actions...
S.C. Court of Appeals Case Summaries: March 28, 2005.
March 28, 2005... Byline: South Carolina Lawyers Weekly Staff
Civil Rights
Faculty Member - Settlement Agreement - Bailment
Where the appellant faculty member, who was reinstated after being acquitted on a sexual harassment claim, filed a bailment...
S.C. Court of Appeals Unpublished Case Summaries: March 28, 2005.
March 28, 2005... Byline: South Carolina Lawyers Weekly Staff
Arbitration
Crop Production - Insurance - Scope of Arbitration Clause
Where the respondents sued, alleging negligence by the appellant insurance company's agent, for which the appellant...
Greenville's office of Nexsen Pruet attorney passes patent bar.
March 28, 2005... Byline: South Carolina Lawyers Weekly Staff
Stephen J. Shaw, an attorney in Nexsen Pruet's Greenville office, has passed the patent bar and is now a registered patent attorney.
He practices in the areas of intellectual property and...
Harvard names McMaster's Domestic Violence Program one of nation's most innovative.
March 28, 2005... Byline: South Carolina Lawyers Weekly Staff
The Attorney General's Pro Bono Domestic Violence Prosecution Program was recognized as one of the nation's "most creative, forward thinking, results-driven government programs at the federal,...
Commentary: For The Firm: Finding the right person for the right job.
March 28, 2005... Byline: Cheryl J. Leone
Any successful law firm owner will tell you that hiring the right person for the right job is the hardest part of employee management. You are investing a great deal of time, energy and money in an individual you...
N.C.'s Rosen Divorce goes wireless, paperless, and more.
March 28, 2005... Byline: Lee S. Rosen
So they're paperless, scanning all their documents, invoices and client's info. They're also wireless, with full computer access in every office and conference room. What other advancements has Rosen Divorce taken in...
S.C. Supreme Court Case Summaries: March 28, 2005.
March 28, 2005... Byline: South Carolina Lawyers Weekly Staff
Attorney Disciplinary Matter
Misappropriation of Funds - Indefinite Suspension
Where the respondent committed numerous acts of misconduct in connection with his involvement in a real...