South Carolina Lawyers Weekly articles from May 2004

South Carolina Lawyers Weekly archives from May 2004

S.C. Supreme Court Case Summaries: May 3, 2004.
May 3, 2004... Byline: South Carolina Lawyers Weekly Staff Criminal Murder - PCR Application - Ineffective Assistance of Counsel Where the petitioner claims that the PCR judge erred in finding that his defense counsel was not ineffective for...

U.S. Court of Appeals 4th Circuit Case Summaries: May 3, 2004.
May 3, 2004... Byline: South Carolina Lawyers Weekly Staff Administrative Firearms Regulation - Secondhand Guns - Agency Demand The Bureau of Alcohol, Tobacco, Firearms & Explosives did not exceed its authority in sending to the plaintiff, a...

U.S. District Court Case Summaries: May 3, 2004.
May 3, 2004... Byline: South Carolina Lawyers Weekly Staff Employment Wrongful Termination - Breach of Contract Where the plaintiff, who was terminated regarding her sick leave, alleges the employment handbook she was issued upon her employment...

S.C. Appeals Court rules man had authority to waive UIM coverage for wife.
May 3, 2004... Byline: Gregory Froom A Richland County man had authority to waive UIM coverage for his wife when he applied for an automobile insurance policy in both of their names, the Appeals Court has ruled. Even though the wife testified that...

S.C. Court of Appeals Unpublished Case Summaries: May 3, 2004.
May 3, 2004... Byline: South Carolina Lawyers Weekly Staff Criminal Possession of Stolen Motor Vehicle - Re- Sentencing Where the appellant seeks a remand for re-sentencing on the charge of possession of a stolen motor vehicle, claiming for the...

U.S. District Court takes stricter stance on handbook contracts.
May 3, 2004... Byline: Michael Dayton Two workers who alleged their employers' handbooks or brochures created binding employment contracts have lost in separate U.S. District Court rulings. An attorney for the plaintiffs said the opinions show the...

S.C. Appeals Court reemphasizes distinction between admitting negligence, conceding liability.
May 3, 2004... Byline: Gregory Froom Two recent unpublished Appeals Court opinions underscore that an admission of negligence in an auto accident does not prevent defendants from contesting their liability for damages. The cases were handed down just...

Haynsworth Sinkler Boyd attorney named treasurer of S.C. Self Insurers' Association.
May 3, 2004... Byline: South Carolina Lawyers Weekly Staff Attorney David Hill Keller has been elected treasurer of the South Carolina Self Insurers' Association. The SCSIA monitors and protects the legitimate interests of all self-insurers in the...

Leading legal publisher recognizes six S.C. Nexsen Pruet attorneys for excellence.
May 3, 2004... Byline: South Carolina Lawyers Weekly Staff Six Nexsen Pruet attorneys have been named among the top legal practitioners in their fields in the 2004-2005 edition of Chambers USA: America's Leading Business Lawyers. Nexsen Pruet had the...

S.C. Appeals Court rules landowners suffered taking when DOT built barrier.
May 3, 2004... Byline: Gregory Froom The owners of two Rock Hill tracts suffered a taking when the state put up a median barrier that restricted access to their properties, the Appeals Court ruled April 26. The dispute arose after the S.C. Department...

S.C. Court of Appeals Case Summaries: May 3, 2004.
May 3, 2004... Byline: South Carolina Lawyers Weekly Staff Civil Practice Attorney's Fees - Substantial Justification Where the respondent asked that it be awarded attorney's fees pursuant to S.C. Code Ann. Sect. 15-77-300 (Supp. 2003) after...

Deal may protect South Carolina's highest peak.
May 10, 2004... Byline: South Carolina Lawyers Weekly Staff A deal may soon be struck that protects South Carolina's highest peak from development. The Natural Resources Department wants to buy the two acres that make up the peak of 3,560-foot...

Unlicensed contractor not liable for fraud.
May 10, 2004... Byline: South Carolina Lawyers Weekly Staff An Upstate jury has found in favor of Honda in a products liability dispute over a side-impact accident that paralyzed the driver of a 1994 Prelude. The plaintiff was rendered quadriplegic...

S.C. Supreme Court says surgeon not hospital's agent in obtaining patient's consent.
May 10, 2004... Byline: Michael Dayton Even though a Lowcountry hospital described a surgeon with privileges as "medical staff" and required him to get informed consent from his patients, he was not acting as the hospital's agent when he allegedly failed...

Richland County homebuyers' tort claims not subject to arbitration.
May 10, 2004... Byline: Gregory Froom Tort claims filed by two Richland County homebuyers over injuries allegedly due to faulty construction were not subject to mandatory arbitration, the Appeals Court has ruled in an unpublished decision. The reason:...

S.C. Court of Appeals Unpublished Case Summaries: May 10, 2004.
May 10, 2004... Byline: South Carolina Lawyers Weekly Staff Contract Procurement of Construction Services - Competitive Sealed Bidding Where the appellant taxpayer argues the trial court erred by allowing the county to present evidence regarding...

U.S. Court of Appeals 4th Circuit Case Summaries: May 10, 2004.
May 10, 2004... Byline: South Carolina Lawyers Weekly Staff Civil Rights Voting Rights - Partisan Voting In this suit by the federal government, alleging that the defendant Charleston County's at-large election of its county council diluted...

Womble Carlyle grows Greenville office with addition of experienced litigators.
May 10, 2004... Byline: South Carolina Lawyers Weekly Staff Womble Carlyle Sandridge & Rice, PLLC, has announced the addition of Sandra Miller to its health care practice group and Sam Outten to the business litigation practice group in the firm's...

Environmental groups file protests of Upstate forest plan.
May 10, 2004... Byline: South Carolina Lawyers Weekly Staff Environmental groups say the federal government's plan for the Sumter National Forest breaks four laws, limits access for nature enthusiasts and allows too much logging on the Upstate land. ...

S.C. Court of Appeals Case Summaries: May 10, 2004.
May 10, 2004... Byline: South Carolina Lawyers Weekly Staff Criminal Murder - Involuntary Manslaughter Jury Charge Where the appellant was convicted of murdering his wife, the Circuit Court improperly failed to charge the jury on involuntary...

S.C. Supreme Court Case Summaries: May 10, 2004.
May 10, 2004... Byline: South Carolina Lawyers Weekly Staff Criminal Armed Robbery - Voir Dire - Intentional Concealment Where the petitioner alleges that during voir dire, the jury's foreman intentionally concealed that he had been the victim of...

Verdicts & Settlements May 10, 2004: Automaker wins products liability suit.
May 10, 2004... Byline: South Carolina Lawyers Weekly Staff Defense Verdict A state court jury in South Carolina returned a verdict for American Honda Motor Co. in a side impact case. Principal injuries (in order of severity): C-5 spinal cord...

Robert S. Metro joins Nexsen Pruet's Columbia domestic relations group.
May 17, 2004... Byline: South Carolina Lawyers Weekly Staff Attorney Robert S. Metro has joined the Columbia office of Nexsen Pruet, LLC where he will practice in the firm's domestic relations group. Metro comes to Nexsen Pruet from a private practice...

Jill Fennel named to Board of Horry County Habitat for Humanity.
May 17, 2004... Byline: South Carolina Lawyers Weekly Staff Attorney Jill Fennel has been named to the board of directors of Habitat for Humanity of Horry County. Fennel is the managing partner of the Myrtle Beach firm of Fennel & Maguire Attorneys at Law....

S.C. Lawyers In The News: May 17, 2004.
May 17, 2004... Byline: South Carolina Lawyers Weekly Staff Attorney S. Paul Aaron has joined the Law Office of J. Redmond Coyle in Pickens. Aaron has practiced law in Greenville and Pickens counties for several years. He will concentrate his practice on...

S.C. Appeals Court says man couldn't enforce unspoken agreement to hold land in trust.
May 17, 2004... Byline: Gregory Froom A man who titled four York County parcels in his daughter's name without her knowledge -- and "trusted" she would reconvey them to him -- could not claim the real estate under an express trust theory, the Appeals...

S.C. Court of Appeals Unpublished Case Summaries: May 17, 2004.
May 17, 2004... Byline: South Carolina Lawyers Weekly Staff Contract Mechanic's Lien - Setoff - Attorney's Fees Where the respondent construction company sued the appellant and a limited partnership to foreclose on a mechanic's lien, and for...

S.C. Supreme Court Case Summaries: May 17, 2004.
May 17, 2004... Byline: South Carolina Lawyers Weekly Staff Criminal Murder - Admission of Confession - Fruit of the Poisonous Tree Where the appellant, who was convicted of murder and arson in the third degree, argues his confession should have...

U.S. Court of Appeals 4th Circuit Case Summaries: May 17, 2004.
May 17, 2004... Byline: South Carolina Lawyers Weekly Staff Antitrust Anticompetitive Conspiracy - Health Insurance - Chiropractic Care Where a trade association for chiropractors sued Virginia's largest for-profit health insurance company...

South Carolina Workers' Compensation Court Case Summaries: May 17, 2004.
May 17, 2004... Byline: South Carolina Lawyers Weekly Staff Workers' Compensation Back Injury - Change of Condition for the Worse Where the claimant, who was awarded 18 percent permanent partial disability to the back after a work-related...

Church settles suit over minister's sexual abuse of two children.
May 17, 2004... Byline: Michael Dayton The Church of God has agreed to pay $750,000 to settle claims against a Florence County minister for sexual misconduct with two young children, Lawyers Weekly has learned. Larry Farmer, a former Church of God...

South Carolina legislators approve jury duty excuse bill, updated mortality table.
May 17, 2004... Byline: Gregory Froom The current session of the General Assembly has seen the passage of bills that renamed the administrative court, created the felony offense of soliciting sex from a minor and would allow caretakers of the elderly or...

S.C. Court of Appeals Case Summaries: May 17, 2004.
May 17, 2004... Byline: South Carolina Lawyers Weekly Staff Criminal Attempted Burglary - Directed Verdict Where the appellant claims that the elements of attempted burglary were not proven by the state as evidence was presented at trial showing...

U.S. Court of Appeals 4th Circuit Case Summaries: May 24, 2004.
May 24, 2004... Byline: South Carolina Lawyers Weekly Staff Employment Discrimination Race - Title VII - Job Reassignment - Adverse Employment Action A male African-American engineer who was reassigned from his role as project manager for the...

S.C. Court of Appeals Case Summaries: May 24, 2004.
May 24, 2004... Byline: South Carolina Lawyers Weekly Staff Wills and Trusts Durable Power of Attorney - Revocation - Testamentary Capacity Where the respondent brought this action as the attorney-in-fact for Ms. Smith against the appellants, who...

S.C. Supreme Court Case Summaries: May 24, 2004.
May 24, 2004... Byline: South Carolina Lawyers Weekly Staff Attorney Disciplinary Matter Real Estate Closings - Admitted Misconduct -Disbarment Where the respondent admitted misconduct in connection with the mishandling of real estate closings, we...

South Carolina lawyer disbarred for allowing title company to handle closings.
May 24, 2004... Byline: Michael Dayton The Supreme Court has disbarred a real property attorney who turned over control of his trust accounts to a title service company and allowed nonattorneys to handle many of his closings. In a May 17 order, the...

Outgoing S.C. Bar president says lawyers need to defend themselves.
May 24, 2004... Byline: South Carolina Lawyers Weekly Staff The outgoing president of the South Carolina Bar says it's time for lawyers to go out and defend themselves and their profession. "Our fellow citizens we serve must have the full truth about...

Q&A with incoming S.C. Bar President F. Earl Ellis Jr.
May 24, 2004... Byline: Gregory Froom After his swearing-in ceremony in Columbia earlier this month, incoming Bar President F. Earl Ellis Jr. spoke with Lawyers Weekly about the challenges facing the legal profession and what initiatives he plans to...

South Carolina Bar honors lawyers for public service.
May 24, 2004... Byline: South Carolina Lawyers Weekly Staff During the recent House of Delegates meeting, the State Bar presented awards to three attorneys in recognition of their commitment to public service and to the legal profession. Those honors...

Driver wins suit against taxi company over accident caused by lane change.
May 24, 2004... Byline: Gregory Froom A Midlands motorist has won a $540,000 verdict against a taxi company whose driver swerved into her lane and forced her into a parked car. The plaintiff suffered airbag-related injuries that caused a 96 percent...

S.C. Court of Appeals Unpublished Case Summaries: May 24, 2004.
May 24, 2004... Byline: South Carolina Lawyers Weekly Staff Civil Divorce - Adultery - Guardian Ad Litem - Malpractice Where the appellant, who received an anonymous letter on Feb. 5, 1998 that his common law wife was having an affair with their...

Womble Carlyle named a top law firm in Chambers USA listing.
May 31, 2004... Byline: South Carolina Lawyers Weekly Staff Womble Carlyle Sandridge & Rice, PLLC, announced last week that 14 of its attorneys -- including one in South Carolina -- have been named among the top practitioners in their fields in the 2004...

Haynsworth Sinkler Boyd recognizes Donaldson Center with development award.
May 31, 2004... Byline: South Carolina Lawyers Weekly Staff Haynsworth Sinkler Boyd, PA presented the second annual International Economic Development award to Donaldson Center Industrial Air Park for its service to the Upstate's international business...

S.C. Supreme Court recusal not required after judge got letters from lawmakers.
May 31, 2004... Byline: Gregory Froom A Family Court judge was not required to recuse himself after he received letters from three state senators regarding a pending Dillon County divorce case, the Supreme Court has ruled. The legislators wrote to...

S.C. Court of Appeals Case Summaries: May 31, 2004.
May 31, 2004... Byline: South Carolina Lawyers Weekly Staff Civil Practice Sanctions - Frivolous Civil Proceedings Sanctions Act - Timeliness Where the appellant sought attorney's fees under the FCPSA and Rule 11, SCRCP, the trial court properly...

S.C. Appeals Court says husband not in contempt despite stopping alimony payments.
May 31, 2004... Byline: Michael Dayton Even though a couple's settlement agreement required a husband to contribute $3,000 a month in alimony, he was not in contempt when he retired and stopped making those payments, the Court of Appeals has ruled. ...

Chambers USA ranks Gaillard No. 1 in S.C. real estate law.
May 31, 2004... Byline: South Carolina Lawyers Weekly Staff W. Foster Gaillard, a principal in the law firm of Buist Moore Smythe McGee P.A., has been selected for inclusion in the 2004-2005 edition of Chambers USA. Gaillard, along with five other...

S.C. Supreme Court Case Summaries: May 31, 2004.
May 31, 2004... Byline: South Carolina Lawyers Weekly Staff Criminal Sentencing - Second Time Offender - Ineffective Assistance of Counsel Where the state argues the PCR judge erred by concluding the respondent's counsel was ineffective in...

S.C. Supreme Court says reduced payments couldn't be used to show damages were unreasonable.
May 31, 2004... Byline: Gregory Froom An auto tort defendant could not dispute the reasonableness of the plaintiff's claimed medical expenses by introducing evidence that the treating hospital accepted reduced payments, the Supreme Court ruled May 24. ...

U.S. Court of Appeals 4th Circuit Case Summaries: May 31, 2004.
May 31, 2004... Byline: South Carolina Lawyers Weekly Staff Criminal Murder - Plea Agreement Enforcement Where the defendant, who fatally shot her estranged husband, breached a plea agreement by withdrawing her guilty plea to a charge of...