South Carolina Lawyers Weekly articles from May 2003

South Carolina Lawyers Weekly archives from May 2003

S.C. Lawyers In The News: May 5, 2003.
May 5, 2003... Byline: South Carolina Lawyers Weekly Staff Greenville attorneys David A. Merline, David A. Merline Jr., Keith G. Meacham, Robert E. August and Marie Monroe have renamed their firm Merline & Meacham, P.A. The firm was founded in 1970 by...

S.C. Court Of Appeals Rules Bank Owed Victim Duty Of Care In Identity Theft Case.
May 5, 2003... Byline: Gregory Froom The Court of Appeals has upheld a $300,000 jury verdict against a bank that failed to protect a Spartanburg County woman once it discovered an imposter had opened a fraudulent account in her name. After the woman...

S.C. Supreme Court Rejects 'Continuous Treatment' Doctrine In Malpractice Case.
May 5, 2003... Byline: Michael Dayton A mental patient who alleged he was locked up 12 years too long at a state hospital could only recover damages for the five years prior to the filing of his lawsuit, the state Supreme Court has ruled. The...

S.C. Supreme Court Rules Disabled Not Due Heightened Duty In Premises Liability Cases.
May 5, 2003... Byline: Gregory Froom A childhood polio victim who was injured when her crutch slipped on the wet floor of a Columbia dining club was not owed a higher duty of care because of her disability, the Supreme Court ruled April 28. The...

Verdicts and Settlements May 5, 2003: Trucker Settles 'John Doe' Suit In Auto Accident Case.
May 5, 2003... Byline: Gregory Froom A truck driver who broke his arm in a chain-reaction accident on Interstate 85 near Spartanburg has settled his 'John Doe' claim for $565,000. SETTLEMENT REPORT The trucker, Mark Tate, was injured when his...

U.S. Court of Appeals 4th Circuit Case Summaries: May 5, 2003.
May 5, 2003... Byline: South Carolina Lawyers Weekly Staff Civil Rights Constitutional - Medical Record Privacy - HIPAA The 4th Circuit rejects a constitutional challenge to provisions of the Health Insurance Portability & Accountability Act of...

February S.C. Bar Exam -- New Admittees -- May 5, 2003.
May 5, 2003... Byline: South Carolina Lawyers Weekly Staff The applicants listed below who have been certified as passing the February 2003 Bar Examination by the Board of Law Examiners. The swearing-in ceremony for applicants who have passed the...

S.C. Supreme Court Case Summaries: May 5, 2003.
May 5, 2003... Byline: South Carolina Lawyers Weekly Staff Attorney Disciplinary Matter Misconduct - Public Reprimand Where the respondent was publicly censured by the Board of Professional Responsibility of the Supreme Court of Tennessee for...

Nelson Mullins Attorney Appointed To S.C.'s Research Centers Of Excellence Review Board.
May 5, 2003... Byline: South Carolina Lawyers Weekly Staff Robert W. Pearce Jr., an attorney who practices with the firm Nelson Mullins Riley & Scarborough, was appointed last week to the state's Research Centers of Excellence Review Board by Gov. Mark...

S.C. Court of Appeals Case Summaries: May 5, 2003.
May 5, 2003... Byline: South Carolina Lawyers Weekly Staff Civil Practice Witness Fee - Party Testifying at Deposition Where the appellant, who sued a bank for allegedly filing a false credit report about him, sought a witness fee of $25 and...

S.C. Supreme Court Amends Rule 3(b).
May 12, 2003... Byline: South Carolina Lawyers Weekly Staff By Order dated January 31, 2003, an amendment to Rule 3(b), SCRCP, was submitted to the legislature pursuant to Art. V, Sect. 4A, of the South Carolina Constitution. More than ninety days having...

S.C. Court Shifts Unpublished Medmal Decision To Published List.
May 12, 2003... Byline: Gregory Froom An unpublished opinion that held a medmal plaintiff was time-barred from adding an additional doctor as a defendant has been moved to the published list. The case is McClain v. Jarrard et al. (South Carolina...

S.C. Supreme Court Grants Cert On Excessive Force Suit Against State Trooper.
May 12, 2003... Byline: Gregory Froom The state Supreme Court will review a Sumter County man's Sect. 1983 excessive force case that stemmed from an accidental gunshot following a high-speed police chase. The justices granted certiorari in the case...

S.C. Court Adopts New Rule 41.1 On Sealed Settlements.
May 12, 2003... Byline: South Carolina Lawyers Weekly Staff By Order dated January 31, 2003, new Rule 41.1, SCRCP, and amendments to Rule 43, SCRCP, and Rule 232, SCACR were submitted to the General Assembly pursuant to Art. V, Sect. 4A, of the South...

S.C. Court Adopts Sealed Settlement Guidelines.
May 12, 2003... Byline: Michael Dayton New court rules for sealing documents and settlement agreements are now in effect. Civil procedure Rule 41.1, and harmonizing amendments to Rule 43, SCRCP, and Rule 232, SCACR were approved by the Supreme Court...

S.C. Court of Appeals Unpublished Case Summaries: May 12, 2003.
May 12, 2003... Byline: South Carolina Lawyers Weekly Staff Criminal Assault and Battery with Intent to Kill - Guilty but Mentally Ill Where the appellant pled guilty but mentally ill to the charge of assault and battery with intent to kill for...

Experts Answer Some Common Technology Questions.
May 12, 2003... Byline: South Carolina Lawyers Weekly Staff Ask the Experts is a regular feature of Lawyers Weekly's Online Forum. The following questions and answers were taken from an installment focusing on technology. The questions came from...

Commentary: A Few Tech Tips Acquired Over The Years.
May 12, 2003... Byline: Bruce L. Dorner It's the little things that make the most difference. Just ask your spouse. The same holds true for computers. Knowing the little tweaks and adjustments that improve your relationship with the mechanical beast can...

U.K. Publication Names Haynsworth Sinkler Boyd Attorneys As Leading Lawyers.
May 12, 2003... Byline: South Carolina Lawyers Weekly Staff Chambers USA, a United Kingdom publication, has announced the listing for the 2003-2004 edition of America's Leading Business Lawyers. Haynsworth Sinkler Boyd, P.A. tied for first in South...

S.C. Supreme Court Case Summaries: May 12, 2003.
May 12, 2003... Byline: South Carolina Lawyers Weekly Staff Attorney Disciplinary Matter Solicitor - Failure to Properly Supervise Deputy Solicitor Where the respondent, who is the solicitor for the 11th Judicial Circuit, failed to ensure that the...

U.S. Court of Appeals 4th Circuit Case Summaries: May 12, 2003.
May 12, 2003... Byline: South Carolina Lawyers Weekly Staff Civil Rights Privacy Act - Federal Firearms License - ATF Investigation Where an agent of the federal Alcohol, Tobacco & Firearms agency allegedly disclosed the fact that the plaintiff...

S.C. Court of Appeals Case Summaries: May 12, 2003.
May 12, 2003... Byline: South Carolina Lawyers Weekly Staff Workers' Compensation Leg Injury - Burn Injuries - Disfigurement Where the claimant injured his right leg when his coveralls and pants leg caught on fire while he was using a torch, the...

Commentary: Inter-Party E-Mail: Taking The Plunge.
May 12, 2003... Byline: Sean Roche Litigators have made considerable gains incorporating technology into practice, but there is one significant area practically untouched by computers: inter-party correspondence and other exchange. Despite the broad...

Bowers, Groves Join Nexsen Pruet Litigation Team In Charleston Office.
May 12, 2003... Byline: South Carolina Lawyers Weekly Staff Nexsen Pruet Jacobs & Pollard, LLC, has expanded its litigation team for the second time this year, as attorneys H. Michael Bowers and Stephen P. Groves Sr., have joined the firm's Charleston...

S.C. Appeals Court Rules Receipt Of Social Security Didn't Automatically Reduce Alimony.
May 12, 2003... Byline: Gregory Froom A York County man was not automatically entitled to reduce his ex-wife's alimony payments after she began receiving Social Security benefits, the Appeals Court ruled May 5. The reason: the couple's divorce order...

S.C. Court of Appeals Case Summaries: May 12, 2003.
May 12, 2003... Byline: South Carolina Lawyers Weekly Staff Criminal Conspiracy - Restitution Where the appellant, who was indicted for grand larceny, pled guilty to conspiracy for stealing an automobile with another individual and removing...

Commentary: One Trial Lawyer's Experience With Litigation Software.
May 12, 2003... Byline: Joe Fried When I shifted my practice focus a few years back from medical malpractice to automotive liability, I soon came face to face with an incredible challenge. I had always heard that these cases involve a lot of discovery,...

S.C. Ethics Advisory Opinion 03-03: May 19, 2003.
May 19, 2003... Byline: South Carolina Lawyers Weekly Staff Upon the request of a member of the South Carolina Bar, the Ethics Advisory Committee has rendered this opinion on the ethical propriety of the inquirer's contemplated conduct. This Committee has...

S.C. Bar's Ethics Advisory Committee Rules Use Of 'Capitol' In Firm Name Not Unethical.
May 19, 2003... Byline: Michael Dayton A law firm can practice under the trade name "Capitol Counsel," the State Bar's Ethics Advisory Committee has ruled. In a second ethics opinion, the committee ruled a lawyer could write -- but not call -- a...

S.C. Court of Appeals Unpublished Case Summaries: May 19, 2003.
May 19, 2003... Byline: South Carolina Lawyers Weekly Staff Administrative Inmate - Disciplinary Hearing - Prejudice Where the appellant, who lost 1,180 days of good time credit after being convicted of possession of marijuana, an internal...

S.C. Supreme Court Case Summaries: May 19, 2003.
May 19, 2003... Byline: South Carolina Lawyers Weekly Staff Criminal Murder - Death Penalty Qualification of Jurors - Improper Contact Where the appellant, who was convicted and sentenced to death for the murder and armed robbery of a police...

S.C. Court of Appeals Case Summaries: May 19, 2003.
May 19, 2003... Byline: South Carolina Lawyers Weekly Staff Where the claimant suffered an admitted back injury on Aug. 20, 1996, reached MMI on April 23, 1997, and brought a claim, filed Form 50 on May 15, 1998 but no Form 50 requesting a hearing was...

S.C. Bar President Kenneth C. Anthony Jr. Discusses Goals For Upcoming Term In Office.
May 19, 2003... Byline: Gregory Froom Before his swearing-in ceremony last week, incoming Bar president Kenneth C. Anthony Jr. spoke with Lawyers Weekly via telephone to discuss his views on the state of the legal profession in South Carolina and what he...

S.C. Supreme Court Reinstates Verdict In Constructive Discharge Case.
May 19, 2003... Byline: Michael Dayton The state Supreme Court has reinstated a $25,000 jury verdict for a domestic violence shelter employee who alleged she was constructively discharged by a supervisor's harassment. The May 12 decision is the high...

U.S. Court of Appeals 4th Circuit Case Summaries: May 19, 2003.
May 19, 2003... Byline: South Carolina Lawyers Weekly Staff Criminal Entrapment - Psychiatric Testimony - Head Injury Where the defendant claimed that a 1997 head injury left him more susceptible to entrapment by government agents than the average...

S.C. Court of Appeals Case Summaries: May 19, 2003.
May 19, 2003... Byline: South Carolina Lawyers Weekly Staff Where the claimant suffered a leg injury on Sept. 26, 2001 when she fell on gravel and suffered a heat stroke on Nov. 29, 2001 while working in the kitchen at the nursing home, the appellate panel...

S.C. Court of Appeals Case Summaries: May 19, 2003.
May 19, 2003... Byline: South Carolina Lawyers Weekly Staff Where the claimant suffered various injuries when he was attacked during the course of a robbery while working as a night auditor at a motel, the appellate panel affirmed the single commissioner's...

S.C. Group Seeks Funds To Honor Retiring 9th Circuit Judge A. Victor Rawl.
May 19, 2003... Byline: South Carolina Lawyers Weekly Staff The Honorable A. Victor Rawl, Judge of the 9th Judicial Circuit, will be retiring next month. Friends of Judge Rawl have formed a committee to raise funds for his portrait which will be hung in...

S.C. Federal Judge Receives Honorary Degree From The Citadel.
May 19, 2003... Byline: South Carolina Lawyers Weekly Staff The Citadel presented an honorary doctor of laws to Judge Falcon B. Hawkins Jr. during the South Carolina Corps of Cadets commencement Saturday May 10. Hawkins began his public service career...

Haynsworth Sinkler Boyd Co-Managing Director Re-Elected Chairman Of National Academic Foundation.
May 19, 2003... Byline: South Carolina Lawyers Weekly Staff Steve A. Matthews, co-managing director of the firm Haynsworth Sinkler Boyd, P.A., has been re-elected chairman of the board of The College Network, Inc. CNI is a non-profit foundation based...

S.C. Court of Appeals Case Summaries: May 19, 2003.
May 19, 2003... Byline: South Carolina Lawyers Weekly Staff Where the claimant, a heavy diesel mechanic, injured his left arm, wrist and neck wile trying to remove a lug nut with a wrench from a wheel, the appellate panel affirmed the single commissioner's...

S.C. Lawyers In The News: May 19, 2003.
May 19, 2003... Byline: South Carolina Lawyers Weekly Staff Spartanburg attorney Mark Hayes will replace outgoing At-Large Circuit Judge Gary E. Clary. "I'm honored and excited, naturally, and I promise to work just as hard as a judge as I have as an...

S.C. Incoming Bar President Aims To Increase Small Firms' Involvement In State Bar.
May 19, 2003... Byline: Gregory Froom Expanding a program that teaches high school students legal life skills, and encouraging small-firm lawyers to more actively participate in the Bar are at the top of the agenda for incoming State Bar President Kenneth...

S.C. Lawyers In The News: May 26, 2003.
May 26, 2003... Byline: South Carolina Lawyers Weekly Staff Charleston attorney W. Foster Gaillard, a principal in the firm Buist, Moore, Smythe & McGee, has been selected for inclusion in the 2003-2004 edition of Chambers USA: America's Leading Business...

S.C. Supreme Court Rules Comp Carrier Entitled To Credit For Future Medicals.
May 26, 2003... Byline: Gregory Froom Where a workers' comp claimant also recovered a settlement from a third-party tortfeasor for his on-the-job injuries, the comp carrier's obligation for future medical expenses could be offset by settlement money, the...

S.C. Supreme Court Rules Insurer Could Be Liable After Agent Misrepresented Coverage Limits.
May 26, 2003... Byline: Michael Dayton A Williamsburg County couple could sue an insurance company whose agent allegedly misrepresented the limit of a homeowner's policy, the Supreme Court has ruled. One of the plaintiffs, Randy Gaskins, was shot by...

U.S. Court of Appeals 4th Circuit Case Summaries: May 26, 2003.
May 26, 2003... Byline: South Carolina Lawyers Weekly Staff Attorney Disciplinary Matter Admitted Misconduct - Bond Reduction - Fraudulent Computer Checks Where the respondent admitted misconduct for preparing fraudulent computer checks for his...

Verdicts & Settlements May 26, 2003: S.C. Jury Awards Developers $7.7M Over Contract Dispute.
May 26, 2003... Byline: South Carolina Lawyers Weekly Staff Plaintiffs sued defendant Sea Pines Company for breach of contract as a result of Sea Pines' refusal to honor its written contract with plaintiffs granting them an exclusive right to develop a...

Haynsworth Sinkler Boyd Presents International Economic Development Award To State Ports Authority.
May 26, 2003... Byline: South Carolina Lawyers Weekly Staff The law firm of Haynsworth Sinkler Boyd, P.A., presented its first International Economic Development Award earlier this month to the South Carolina State Ports Authority at the Greater Greenville...

Verdicts & Settlements May 26, 2003: Witness In School Sex-Abuse Case Prevails On Libel Claim.
May 26, 2003... Byline: Gregory Froom A Charleston man who gave incriminating testimony during litigation over sex abuse at Porter-Gaud School has won a $1.05 million verdict against an alumnus who wrote a defamatory letter about him. VERDICT REPORT...