South Carolina Lawyers Weekly articles from March 2006

South Carolina Lawyers Weekly archives from March 2006

Attorney Burnet Maybank returns to Nexsen Pruet in Columbia.(Nexsen Pruet Jacobs and Pollard appointed Burnet R. Maybank III)
March 6, 2006... Byline: South Carolina Lawyers Weekly Staff Attorney Burnet R. "Burnie" Maybank III will return to private practice at Nexsen Pruet, PLLC after serving as director of the S.C. Department of Revenue under Gov. Mark Sanford. Maybank also...

S.C. Lawyers in the News: March 6, 2006.
March 6, 2006... Byline: South Carolina Lawyers Weekly Staff Attorney Kristine Cato, a shareholder in the firm of Rogers Townsend & Thomas, P.C., has been elected to the board of directors of the Young Women's Christian Association of the Midlands. "I...

Finkel, Grant join Charleston School of Law.(Gerald M. Finkel, J. Kirkland Grant)(Brief Article)
March 6, 2006... Byline: South Carolina Lawyers Weekly Staff Two lawyers have joined the Charleston School of Law as visiting professors, Dean Richard Gershon announced recently. Gerald M. Finkel, a South Carolina expert in insurance law, joins the law...

S.C. Appeals Court rules subcontractor can't sue SCDOT when general contactor didn't pay.(Sloan Construction Co., Inc. v. Southco Grassing, Inc.)(South Carolina. Department of Highways and Public Transportation)
March 6, 2006... Byline: Gregory Froom A subcontractor could not sue the state to recover what it was owed on a highway project after the general contractor failed to pay up, the Appeals Court has ruled. When the general contractor's bonding company...

S.C. Court of Appeals rules workers' comp insurer's clerical error could mean $1M exposure.
March 6, 2006... Byline: Gregory Froom A workers' comp carrier that thought it had canceled all coverage for a Mount Pleasant employer in 1993 could still be responsible for paying $1 million in benefits to a claimant who was injured seven years later, the...

S.C. Supreme Court bars contribution claim of 13-year statute of repose.
March 6, 2006... Byline: Gregory Froom The owner of a Colleton County shopping center which settled a $500,000 negligence claim over a wreck in its parking lot could not seek contribution from the construction company that built the lot, the Supreme...

Construction Law in South Carolina and North Carolina Q&A.(Interview)
March 6, 2006... Byline: South Carolina Lawyers Weekly Staff Lawyers Weekly talked to construction lawyers in South Carolina and North Carolina about business and legal trends in their practice area. In this first segment from those interviews, the lawyers...

S.C. Court of Appeals Case Summaries: March 6, 2006.
March 6, 2006... Byline: South Carolina Lawyers Weekly Staff Criminal Burglary - Peremptory Strikes - Batson Motion Where the appellant argues that the trial court erred in not finding the state violated Batson v. Kentucky, 476 U.S. 79, 106 S. Ct....

S.C. Court of Appeals Unpublished Case Summaries: March 6, 2006.
March 6, 2006... Byline: South Carolina Lawyers Weekly Staff Contract Breach - Commercial Lease - Insurance - Damages Where the parties entered into a commercial lease contract which required the appellant to maintain comprehensive property damage...

S.C. Supreme Court Decisions: March 6, 2006.
March 6, 2006... Byline: South Carolina Lawyers Weekly Staff Judicial Disciplinary Matter Magistrate - Office Manager - Embezzlement Where the respondent's office manager embezzled approximately $96,500 while working under the respondent's...

U.S. Court of Appeals 4th Circuit Case Summaries: March 6, 2006.
March 6, 2006... Byline: South Carolina Lawyers Weekly Staff Criminal Sentencing - Career Offender - 'Reasonableness' Standard A District Court applying the federal sentencing guidelines as "advisory" acted unreasonably in imposing a sentence of 10...

Commentary: S.C. Supreme Court's ruling muddies water of contractors' liability insurance coverage.(South Carolina)
March 13, 2006... Byline: WILLIAM D. BRITT JR. and JOHN W. DAVIDSON Whether you represent a client that is above or below the "v." in a construction-related lawsuit, ultimately one of the biggest questions that must be answered is whether there is insurance...

South Carolina Lawyers in the News: March 13, 2006.(Stuart M. Lee joins Rogers Townsend and Thomas)(Brief Article)
March 13, 2006... Byline: South Carolina Lawyers Weekly Staff Attorney Stuart M. Lee has joined the law firm of Rogers Townsend & Thomas, PC., where he will concentrate his practice in the areas of land development, commercial real estate financing and...

Nelson Mullins honors lawyers for pro bono work, client development.(2005 Claude M. Scarborough Jr. Award, Nelson, Mullins, Riley and Scarborough)
March 13, 2006... Byline: South Carolina Lawyers Weekly Staff Nelson Mullins Riley & Scarborough honored four firm attorneys with the 2005 Claude M. Scarborough Jr. Award during the firm's annual retreat Feb. 24 in Kiawah.The Scarborough Award is named for...

Columbia attorney to be listed in Guide to the Leading U.S. Health Care Lawyers.(M. Craig Garner Jr.)(Brief Article)
March 13, 2006... Byline: South Carolina Lawyers Weekly Staff M. Craig Garner Jr., a shareholder in the Columbia office of McNair Law Firm, P. A. has been selected by in-house counsel and his legal peers as one of the leading advisers in the field of health...

Hilton Head Island attorneys licensed in Georgia.(Melissa L. Azallion )(Brief Article)
March 13, 2006... Byline: South Carolina Lawyers Weekly Staff Melissa L. Azallion has been sworn into the Georgia Bar, becoming the third attorney in Nexsen Pruet's Hilton Head Island office to be admitted to practice in Georgia as well as South...

Mold plaintiff allowed to back out of signed settlement agreement.
March 13, 2006... Byline: GREGORY FROOM, Legal Editor A Spartanburg County woman could back out of her offer to settle her mold claims against an HVAC company even after the defendant's lawyer accepted her offer, the Supreme Court has ruled.In a March 6...

Worker gets comp award for injuries while fixing own truck.(Hicks v. Piedmont Cold Storage, Inc.)
March 13, 2006... Byline: South Carolina Lawyers Weekly Staff A Rock Hill mechanic who suffered severe burns while repairing his own truck on the job was entitled to workers' comp benefits, the Appeals Court ruled March 6.The reason: employees were allowed...

Stockbroker gets $2.47 million defamation award over firing.(Van Pelt v. UBS Financial Services, Inc. et al)
March 13, 2006... Byline: South Carolina Lawyers Weekly Staff A Charleston attorney who took an employment case that other lawyers turned down has won a $2.47 million arbitration award.The case of Van Pelt v. UBS Financial Services, Inc. et al (NASD No....

South Carolina Supreme Court tosses suit over mobile home tie-down systems.
March 13, 2006... Byline: South Carolina Lawyers Weekly Staff Purchasers of mobile homes with allegedly defective tie-down anchors could not recover on their breach-of-warranty and fraudulent-concealment claims, the Supreme Court has ruled in an apparent...

New maritime law institute launched at Charleston School of Law.
March 13, 2006... Byline: South Carolina Lawyers Weekly Staff A new institute at the Charleston School of Law will serve as a center for the study and research of maritime law with a focus on the law of intermodal and ocean transportation, Dean Richard...

Womble Carlyle wins Marketing Initiative of the Year Award.(Womble Carlyle Sandridge and Rice, PLLC )
March 13, 2006... Byline: South Carolina Lawyers Weekly Staff Womble Carlyle Sandridge & Rice, PLLC has announced that the firm's "Stop the Clock" client service program won one of the most-coveted national legal marketing awards the "Marketing Initiative...

S.C. Court of Appeals Case Summaries: March 13, 2006.(South Carolina)
March 13, 2006... Byline: South Carolina Lawyers Weekly Staff Parent And ChildTermination of Parental Rights - IncarcerationWhere the appellant father, whose child was born three months after he was incarcerated, wrote multiple letters in an attempt to...

S.C. Court of Appeals Unpublished Case Summaries: March 13, 2006.(South Carolina)
March 13, 2006... Byline: South Carolina Lawyers Weekly Staff Domestic RelationsDivorce - Arbitration Agreement - Equitable DistributionWhere the parties agreed to submit the issue of equitable distribution to final and binding arbitration, and the...

S.C. Supreme Court Case Summaries: March 13, 2006.(South Carolina)
March 13, 2006... Byline: South Carolina Lawyers Weekly Staff ArbitrationArbitrator Selection - Injunctive ReliefWhere the parties were compelled to arbitrate their dispute pursuant to a prior written agreement and a disagreement ensued as to which set of...

U.S. Court of Appeals 4th Circuit Case Summaries: March 13, 2006.
March 13, 2006... Byline: South Carolina Lawyers Weekly Staff AdministrativeHealth Data - Information Quality Act - Salt IntakeThe Salt Institute and the Chamber of Commerce do not have Article III standing to sue the Department of Health and Human Services...

Verdicts & Settlements March 13, 2006: Auto wreck plaintiff settles claim over back injury.(University Motor Company Inc.)(Brief Article)
March 13, 2006... Byline: South Carolina Lawyers Weekly Staff $487,190 SettlementThe plaintiff was injured in an automobile accident in which she was rear-ended by an employee of University Motor Company, Inc. The plaintiff was at a dead stop, and the...

Verdicts & Settlements March 13, 2006: Fired stockbroker gets $2.47M award in defamation claims.
March 13, 2006... Byline: South Carolina Lawyers Weekly Staff $2,487,909 Arbitration Award Wrongful termination and defamationPrincipal injuries (in order of severity): Damages from wrongful termination and defamationSpecial damages: n/aTried or settled:...

McMaster Named National Humane Law Enforcement Official Of The Year.(Henry McMaster )(Brief article)
March 20, 2006... Byline: South Carolina Lawyers Weekly Staff Attorney General Henry McMaster was presented with The Humane Society of the United States' inaugural Humane Law Enforcement Official of the Year Award for 2005. McMaster received the award in...

Nexsen Pruet Lawyers certified as specialists in employment and labor law.(Mary L. Hughes, John F. Emerson)(Brief article)
March 20, 2006... Byline: South Carolina Lawyers Weekly Staff The South Carolina Supreme Court has certified Nexsen Pruet attorneys Mary L. "Molly" Hughes and John F. Emerson as specialists in employment and labor law.The designation, which required Hughes...

S.C. Lawyers in the News: March 20, 2006.(Thornton, Arnold and Thomason appoints Anderson M. Horne )(Brief article)
March 20, 2006... Byline: South Carolina Lawyers Weekly Staff Attorney Anderson M. Horne has joined the firm of Thornton, Arnold & Thomason, P.A. in its Greenville office. His practice will concentrate in the area of litigation.

S.C. Supreme Court rules forum-selection clause didn't bar suit over pre-contract acts.(South Carolina)
March 20, 2006... Byline: Gregory Froom A forum-selection clause did not apply to a lawsuit against a finance company for allegedly leasing out illegal telemarketing equipment, the Supreme Court has ruled.In a first-impression decision handed down March...

Low-income parents in S.C. get free lawyer at expulsion hearings.(South Carolina)
March 20, 2006... Byline: Gregory Froom The parents of two low-income Greenville County public school students were entitled to free legal counsel during expulsion proceedings, a circuit judge has ruled in a declaratory judgment.In an order handed down late...

Charleston man gets $225K for collapse of rented ladder while changing light bulbs.(Mike Jackling, Hughes Rental)
March 20, 2006... Byline: Michael Dayton A plaintiff who alleged he hurt his back when a ladder collapsed has reached a $225,000 mediated settlement with a Charleston equipment rental store.The Charleston County case settled on Jan. 25. The plaintiff's...

S.C. Court of Appeals rules patio on common area can remain.(South Carolina)
March 20, 2006... Byline: South Carolina Lawyers Weekly Staff The owners of a home in a Richland County neighborhood will not have to remove their new patio which extends partly into the subdivision's common area, according to a March 13 Appeals Court...

S.C. Court of Common Pleas Case Summaries: March 20, 2006.(South Carolina )
March 20, 2006... Byline: South Carolina Lawyers Weekly Staff EducationExpulsion Notice - Low- Income Parents - Right To CounselWhere two low-income parents, whose children received expulsion notices, brought a declaratory judgment action asking the court...

S.C. Court of Appeals Case Summaries: March 20, 2006.(South Carolina )
March 20, 2006... Byline: South Carolina Lawyers Weekly Staff CriminalArmed Robbery - Suppression of EvidenceWhere the appellant, who was convicted of accessory before the fact of armed robbery, contends the trial judge erred in failing to suppress evidence...

S.C. Court of Appeals Unpublished Case Summaries: March 20, 2006.(South Carolina )
March 20, 2006... Byline: South Carolina Lawyers Weekly Staff CriminalBurglary - Probable Cause - Preliminary HearingWhere the appellant argues that he should have been provided a preliminary hearing prior to trial, we disagree since: (1) a defendant does...

S.C. Supreme Court Case Summaries: March 20, 2006.(South Carolina )
March 20, 2006... Byline: South Carolina Lawyers Weekly Staff ContractLease Agreement - Forum- Selection Clause - MisrepresentationWhere the appellants, who entered into a lease agreement that contained a forum-selection clause with the respondent, sued for...

U.S. Court of Appeals 4th Circuit Case Summaries: March 20, 2006.
March 20, 2006... Byline: South Carolina Lawyers Weekly Staff CriminalRight To Counsel - Drug Crimes - State & Federal ChargesAlthough a Virginia state prosecutor dropped state drug charges against the defendant, federal investigators could question the...

Verdicts & Settlements March 20, 2006: $225K mediated settlement when rented ladder collapses.(Brief article)
March 20, 2006... Byline: South Carolina Lawyers Weekly Staff $225,000 Mediated SettlementNegligent rental of allegedly defective three-stage ladderPrincipal injuries (in order of severity): Anterior cervical discectomy and fusion of c6/7Special damages:...

South Carolina Lawyers in the News: March 27, 2006.(J. Scott Kozacki joins Willcox, Buyck & Williams, P.A.)(Thomas Winslow and Tara Whitaker joins Bell Legal Group)(Wade Williams sets up a new law office)(Brief article)
March 27, 2006... Byline: South Carolina Lawyers Weekly Staff Attorney J. Scott Kozacki has joined the Florence law firm of Willcox, Buyck & Williams, P.A. Kozacki previously served as senior staff attorney for U.S. District Judge Terry L. Wooten. Before...

Collins & Lacy founding shareholder completes mediator certification through South Carolina Bar.(Stanford E. Lacy )(Brief article)
March 27, 2006... Byline: South Carolina Lawyers Weekly Staff Attorney Stanford E. Lacy has completed certification training in mediation through the South Carolina Bar. Lacy is a founding shareholder in the Columbia firm of Collins & Lacy, P.C.As a...

Columbia attorney re-appointed as vice chair of American Bar Assn. committee.(Susan Maupin Hayes)(Brief article)
March 27, 2006... Byline: South Carolina Lawyers Weekly Staff Columbia attorney Susan Maupin Hayes, an associate of McNair Law Firm, P.A has been re-appointed for a one-year term as a vice chair of the Employment Law and Litigation Committee of the Tort...

Bills in S.C. General Assembly would address judicial pay, financial records in Family Court.(South Carolina)
March 27, 2006... Byline: Gregory Froom A bill that would keep financial records in Family Court proceedings away from non-litigants, and a call for a review of how judicial pay measures up against salaries in the other two branches of government are among...

Law firm Web sites a marketing, validation tool, says tech expert.
March 27, 2006... Byline: Michael Dayton Every law firm should have an Internet presence, says technology consultant Sharon D. Nelson."We're now all booking our airlines online, we're making our hotel reservations online, we're buying our computers online,...

Winning law firm Web sites praised for clean design, focused content.
March 27, 2006... Byline: Michael Dayton Law firm Web sites with crisp designs, focused content and in one case, a bulldog named Winston have won top honors in Lawyers Weekly's first annual "Best Law Firm Web Site Contest."Judges praised several entrants...

Accidental gunshot death not covered by truck's insurance, rules S. C. Supreme Court.(South Carolina)
March 27, 2006... Byline: Gregory Froom An auto insurance policy did not cover a Dalzell woman who was accidentally shot dead when her husband tried to remove two guns from the pickup she was sitting in, the Supreme Court has ruled in response to a...

S.C. Court of Appeals Case Summaries: March 27, 2006.(South Carolina )
March 27, 2006... Byline: South Carolina Lawyers Weekly Staff CriminalDriving Under Suspension - Trial In AbsentiaWhere the appellant was tried in absentia and without counsel for driving under suspension, third offense, we affirm the appellant's conviction...

S.C. Court of Appeals Unpublished Case Summaries: March 27, 2006.(South Carolina)(Brief article)
March 27, 2006... Byline: South Carolina Lawyers Weekly Staff CriminalAssault And Battery - PCR - Prior Plea AgreementWhere the state, which appeals the Circuit Court's acceptance of the respondent's plea of autrefois convict regarding a charge of assault...

South Carolina Supreme Court Case Summaries: March 27, 2006.
March 27, 2006... Byline: South Carolina Lawyers Weekly Staff EmploymentTermination - Civil Conspiracy - Public OfficialWhere the respondent county administrator, who was terminated by county council, sued a newspaper, county council and a developer for...

U.S. Court of Appeals 4th Circuit Case Summaries: March 27, 2006.
March 27, 2006... Byline: South Carolina Lawyers Weekly Staff Civil PracticeClass Certification - Police 'Profiling' - Md. InterstateIn this challenge by the Maryland State Conference of NAACP Branches to alleged "racial profiling" of minority motorists by...