South Carolina Lawyers Weekly articles from May 2005

South Carolina Lawyers Weekly archives from May 2005

S.C. Ethics Advisory Committee says attorney must hold disputed subrogation funds in trust.(South Carolina )
May 2, 2005... Byline: Michael Dayton A newly released ethics opinion offers guidance on what lawyers should do when a personal injury client does not want to pay a health care provider's subrogation claim. The bottom line: if lawyers know about the...

S.C. couple settles with contractor over construction defects, mold infestation.(South Carolina)
May 2, 2005... Byline: Gregory Froom A couple has settled their dispute with a general contractor over construction defects and mold contamination at their Lake Murray home for $870,000. The plaintiffs sued the company that built their large...

SC Supreme Court bars evidence of conflicting ER discharge directions.(emergency room)
May 2, 2005... Byline: Gregory Froom The wife of a Colleton County man who suffered cardiac arrest one day after he was discharged from an emergency room was not entitled to a new trial even though the trial court struck evidence that the hospital...

Verdicts & Settlements-May 2, 2005: Couple settles claim over construction defects.
May 2, 2005... Byline: South Carolina Lawyers Weekly Staff $870,000 Settlement Defective construction leading to mold invasion; entire house abandoned; wife sensitized to mold. Principal injuries (in order of severity): House mold infected, mold...

U.S. Court of Appeals 4th Circuit Case Summaries: May 2, 2005.
May 2, 2005... Byline: South Carolina Lawyers Weekly Staff Bankruptcy Priority - Health Insurance Plan Under the 4th Circuit's recent decision in Howard Delivery Service Inc. v. Zurich American Ins. Co., a health insurance carrier and plan...

S.C. Supreme Court Case Summaries: May 2, 2005.
May 2, 2005... Byline: South Carolina Lawyers Weekly Staff Criminal Murder - Self- Defense - Duty to Retreat - Jury Charge Where the petitioner, who admitted to fatally shooting the victim in a nightclub but claimed it was self-defense, argues...

S.C. Court of Appeals Case Summaries: May 2, 2005.
May 2, 2005... Byline: South Carolina Lawyers Weekly Staff Real Property Flood Easement - Constructive Notice Where the appellant homeowners, who sued the respondents for damage to their home from flooding, argue the trial court incorrectly...

S.C. Court of Appeals Unpublished Case Summaries: May 2, 2005.
May 2, 2005... Byline: South Carolina Lawyers Weekly Staff Agency and Partnership Dissolution - Breach of Fiduciary Duty - Management of Assets Where the appellant, who sued the respondent seeking judicial dissolution of the partnership and an...

S.C. Workers' Compensation Court Case Summaries: May 2, 2005.
May 2, 2005... Byline: South Carolina Lawyers Weekly Staff Workers' Compensation Leg Injury - Permanent Partial Disability Where the claimant alleges he injured his right knee and ankle after he fell into a ditch, the appellate panel affirmed the...

S.C. Administrative Law Judge Division Case Summaries: May 2, 2005.
May 2, 2005... Byline: South Carolina Lawyers Weekly Staff Administrative Disadvantaged Business Enterprise - Certification Where the respondent South Carolina Department of Transportation denied the petitioner engineering company's application...

S.C. Ethics Advisory Opinion: May 2, 2005.
May 2, 2005... Byline: South Carolina Lawyers Weekly Staff Facts Attorney settled a tort claim. Following the settlement but prior to the disbursement of any settlement funds, Attorney was notified by a health insurance carrier ("Carrier") that...

President of S.C. Women Lawyers Assn. urges more female judges.(Katherine Dudley "Kathy")(Interview)
May 9, 2005... Byline: South Carolina Lawyers Weekly Staff Putting more females on the bench and increasing the number of women in leadership roles are two goals of the newly installed president of the South Carolina Women Lawyers Association. ...

South Carolina Lawyers in the News: May 9, 2005.
May 9, 2005... Byline: South Carolina Lawyers Weekly Staff Attorney Amanda L. Callander has joined the law firm of Buist, Byars, Pearce & Taylor, LLC as partner. Callander will manage the firm's newly opened West Ashley office where she will concentrate...

Law firm of Nexsen Pruet announces staffing changes: May 9, 2005.
May 9, 2005... Byline: South Carolina Lawyers Weekly Staff Arthur Morgenstern, who has more than 25 years of experience in patent law and most recently served as senior patent counsel to a North Carolina pharmaceutical company, has joined Nexsen Pruet's...

Dillon Circuit Court Judge James Lockemy awarded Order of Palmetto.(Brief Article)
May 9, 2005... Byline: South Carolina Lawyers Weekly Staff Circuit Judge James Lockemy was honored with the Order of Palmetto the state's highest civilian honor on the same day he was promoted to brigadier general and retired from the South Carolina Army...

4th Circuit rules motel guest can sue moonlighting deputy sheriff for excessive force.(Jonathan Turmon)
May 9, 2005... Byline: CARYN TAMBER, Dolan Media News Service Where there looks to be smoke, there isn't always fire nor is there a qualified immunity defense. The 4th U.S. Circuit Court of Appeals held on April 25 that a deputy sheriff moonlighting...

Female lawyers gather to celebrate Law Week and importance of women to practice of law in S.C.(South Carolina Women Lawyers Association)(Brief Article)
May 9, 2005... Byline: South Carolina Lawyers Weekly Staff To celebrate Law Week and the impact of women on the practice of law in South Carolina, the South Carolina Women Lawyers Association invited all women lawyers and judges to gather on the steps of...

U.S. Supreme Court rules farmers can sue Dow Agrosciences, pesticide makers for ruined crops.
May 9, 2005... Byline: South Carolina Lawyers Weekly Staff The Supreme Court ruled April 27 that 29 peanut farmers in Texas can proceed with their lawsuit against Dow Agrosciences after the chemical giant's weed killer unexpectedly destroyed their crops....

Orangeburg officials say chemical spill at water treatment plant cause of fish kill.(Brief Article)
May 9, 2005... Byline: South Carolina Lawyers Weekly Staff Officials are blaming an accidental chemical spill at Orangeburg's water treatment plant for the large of amount of dead fish turning up in the Edisto River. Orangeburg Department of Public...

EPA study finds benefits from curbing mercury pollution.(Environmental Protection Agency)
May 9, 2005... Byline: South Carolina Lawyers Weekly Staff An internal Environmental Protection Agency report estimates the Southeast alone could reap up to $2 billion a year in benefits from reducing mercury pollution far greater than the $50 million in...

U.S. Court of Appeals 4th Circuit Case Summaries: May 9, 2005.
May 9, 2005... Byline: South Carolina Lawyers Weekly Staff Civil Rights Excessive Force - Wrongly Convicted Defendant - Fabricated Evidence A man who was wrongfully convicted of capital murder in Virginia may sue the estate of a law enforcement...

S.C. Supreme Court Case Summaries: May 9, 2005.
May 9, 2005... Byline: South Carolina Lawyers Weekly Staff Domestic Relations Divorce - Life Insurance to Secure Alimony Award Where the Court of Appeals affirmed the Family Court's denial of the wife's request for life insurance to secure the...

S.C. Court of Appeals Case Summaries: May 9, 2005.
May 9, 2005... Byline: South Carolina Lawyers Weekly Staff Criminal Criminal Sexual Conduct - Evidence of Prior Convictions Where the appellant was convicted of kidnapping and ABHAN as a lesser included offense of CSC, the trial court properly...

S.C. Court of Appeals Unpublished Case Summaries: May 9, 2005.
May 9, 2005... Byline: South Carolina Lawyers Weekly Staff Contract Collection - Subcontractor - Licensing - Supervision Where the appellant medical center, who appeals the trial court's judgment in favor of the respondent ISC in a collection...

S.C. Workers' Compensation Case Summaries: May 9, 2005.
May 9, 2005... Byline: South Carolina Lawyers Weekly Staff Workers' Compensation Leg Injury - Temporary Partial Disability Where the claimant alleges he injured his left knee after he stepped into a hole while helping someone with a crane, the...

Rendering plant settles class-action nuisance odor suit for $3.05M.(Valley Proteins Inc.)
May 16, 2005... Byline: Gregory Froom Nearly 1,400 Saluda County residents have settled their class-action nuisance suit against a local rendering plant for $3.05 million plus injunctive relief aimed at reducing odor emissions at the facility. The...

New Bar president to address judicial independence.(Daniel B. White)(Interview)
May 16, 2005... Byline: Michael Dayton Two news stories that made national and local headlines have helped shape the agenda of the newly installed State Bar president. Greenville attorney Daniel B. White said he will explore what the Bar should do...

Former housing authority general counsel joins Parker Poe.(Parker Poe Adams and Bernstein LLP)(appointments)(Brief Article)
May 16, 2005... Byline: South Carolina Lawyers Weekly Staff Attorney Lewis M. Levy has joined the law firm of Parker Poe Adams & Bernstein LLP as special counsel in Columbia. As a member of Parker Poe's public finance practice group, Levy brings...

Haynsworth Sinkler Boyd in Top 10 as bond counsel for competitive bond issues.(Brief Article)
May 16, 2005... Byline: South Carolina Lawyers Weekly Staff In the list of "Top 10 Competitive Bond Counsel" for the first quarter of 2005, Haynsworth Sinkler Boyd, P.A. ranked ninth among all bond counsel in the United States for municipal bond issues...

Charleston School of Law hires two more professors for full teaching slate.(Brief Article)
May 16, 2005... Byline: South Carolina Lawyers Weekly Staff Two experienced lawyers will join the Charleston School of Law faculty in August to bring the total number of professors at the new law school to 12, Dean Richard Gershon announced late last...

U.S. Court of Appeals 4th Circuit Case Summaries: May 16, 2005.
May 16, 2005... Byline: South Carolina Lawyers Weekly Staff Bankruptcy Lease Payments - Administrative Expense In this bankruptcy case, filed under Chapter 11 and later converted to Chapter 7, a lessor of personal property is entitled under 11...

U.S. C.A. 4th Cir. Unpublished Case Summaries: May 16, 2005.
May 16, 2005... Byline: South Carolina Lawyers Weekly Staff Insurance Automobile Accident - Multiple Policies - Umbrella Policy Where an employee of Allied Steel, who was insured by the appellant insurance company, used Allied's car to perform his...

S.C. Supreme Court Case Summaries: May 16, 2005.
May 16, 2005... Byline: South Carolina Lawyers Weekly Staff Attorney Disciplinary Matter Agreement for Discipline by Consent - Public Reprimand Where the respondent admitted misconduct in connection with his employer's law firm's practice of...

S.C. Court of Appeals Case Summaries: May 16, 2005.
May 16, 2005... Byline: South Carolina Lawyers Weekly Staff Criminal Drug Trafficking - Admission of Prior Bad Acts Where the appellant argues the trial court erred in admitting evidence that an undercover operative, on several prior occasions,...

S.C. Court of Appeals Unpublished Case Summaries: May 16, 2005.
May 16, 2005... Byline: South Carolina Lawyers Weekly Staff Criminal Armed Robbery - Pretrial Rulings - Incorporation Where the appellant argues the trial court committed reversible error warranting a new trial by incorporating as binding certain...

S.C. Appeals Court rules component manufacturer not liable for faulty final product.
May 23, 2005... Byline: South Carolina Lawyers Weekly Staff South Carolina State University students who were injured when a dorm water heater leaked carbon monoxide could not recover on their claims against a company that manufactured a component of the...

Charleston jury awards customer falsely accused of shoplifting $1.2M verdict against retail chain.
May 23, 2005... Byline: Gregory Froom A woman who was falsely accused of shoplifting and put under arrest at a North Charleston Babies "R" Us store has won a $1.2 million verdict against the retail chain. The plaintiff was shopping at the Rivers...

S.C. Appeals Court rules lawyer who helped investors must face trial for securities act violation.(Andrew P. Leventis Jr., James Cowburn)
May 23, 2005... Byline: Michael Dayton A Greenville lawyer who allegedly steered potential investors into an illegal pyramid scheme may now have to face a civil trial for violations of the securities act, under a May 16 Appeals Court opinion. The case...

S.C. Lawyers in the News: May 23, 2005.
May 23, 2005... Byline: South Carolina Lawyers Weekly Staff Attorney Daniel W. Hayes has joined the Columbia firm of Sowell Gray Stepp & Laffitte, LLC as an associate. Hayes will concentrate his practice on workers' compensation litigation. He is a 1997...

Columbia attorney Steve Matthews named to advisory board of The Managing Partner Forum.
May 23, 2005... Byline: South Carolina Lawyers Weekly Staff Columbia attorney Steve A. Matthews has been named to the southeastern advisory board for The Managing Partner Forum, one of the nation's most comprehensive programs specifically designed to...

Partner of Charleston real estate law firm recognized; staff members promoted.(Gray Taylor)(Brief Article)
May 23, 2005... Byline: South Carolina Lawyers Weekly Staff Attorney Gray Taylor, partner at the real estate law firm of Buist, Byars, Pearce & Taylor, LLC, has been named one of the region's top business achievers under the age of 40 by the Charleston...

Verdicts & Settlements-May 23, 2005: Shopper wins verdict against retailer over false arrest.
May 23, 2005... Byline: South Carolina Lawyers Weekly Staff $1.2 Million Verdict False arrest/imprisonment; malicious prosecution; slander; outrageous conduct. Principal injuries (in order of severity): Emotional distress, humiliation, injury to...

Commentary: Perks that work.(employee incentives)
May 23, 2005... Byline: Reni Gertner - Lawyers Weekly News Service From flex-time to monthly office birthday parties, there are all sorts of ways you might try to keep employees and lawyers happy in your law firm. But have you ever wondered which perks...

S.C. state agencies unveil new Web tool for business registrations, licenses, permits.(www.scbos.com)(Brief Article)
May 23, 2005... Byline: South Carolina Lawyers Weekly Staff A special collaborative Web site for business owners, dubbed South Carolina Business One-Stop or SCBOS, was announced last week by state officials and several private organizations. The state...

U.S. Court of Appeals 4th Circuit Case Summaries: May 23, 2005.
May 23, 2005... Byline: South Carolina Lawyers Weekly Staff Bankruptcy Trustee's Interim Fees - Final Order - Ch. 7 A Chapter 7 trustee and the trustee's counsel may not appeal a Bankruptcy Court's award of "interim" fees to them and to the...

S.C. Court of Appeals Case Summaries: May 23, 2005.
May 23, 2005... Byline: South Carolina Lawyers Weekly Staff Securities South Carolina Uniform Securities Act - Exemption - Agent Where the appellant sued the respondent attorney for various causes of action relating to the appellant's investment...

S.C. Court of Appeals Unpublished Case Summaries: May 23, 2005.
May 23, 2005... Byline: South Carolina Lawyers Weekly Staff Banks and Banking Note - Security Agreement - Guaranties - Collateral Where the appellant, who guaranteed the note from the bank to a leasing company, argues the Master-in-Equity erred in...

S.C. Workers' Compensation Case Summaries: May 23, 2005.
May 23, 2005... Byline: South Carolina Lawyers Weekly Staff Workers' Compensation Hand Injury - Loss of Use Where the claimant alleges he injured his hand and fingers when he was shocked and burned while replacing a light fixture, the appellate...

U.S. Court of Appeals 4th Circuit Case Summaries: May 30, 2005.
May 30, 2005... Byline: South Carolina Lawyers Weekly Staff Administrative Black Lung Claim - Survivor Benefits - VPCIGA Where a miner was receiving black lung benefits, but the insurance carrier for the responsible coal mining employer became...

S.C. Supreme Court Case Summaries: May 30, 2005.
May 30, 2005... Byline: South Carolina Lawyers Weekly Staff Attorney Disciplinary Matter Real Estate Closing - Admitted Misconduct - Public Reprimand Where the respondent admitted misconduct in connection with a real estate closing, we accept the...

S.C. Court of Appeals Case Summaries: May 30, 2005.
May 30, 2005... Byline: South Carolina Lawyers Weekly Staff Contract Breach - Real Estate Commission - Ready, Willing and Able Buyer Where Circuit Court found that the appellant had breached a listing agreement with the respondent real estate...

S.C. Court of Appeals Unpublished Case Summaries: May 30, 2005.
May 30, 2005... Byline: South Carolina Lawyers Weekly Staff Contract Breach - Excessive Attorney's Fees Where the appellant sellers appeal from an award of attorney's fees in favor of the purchasers on their breach of contract action, asserting...

S.C. Workers' Compensation Court Case Summaries: May 30, 2005.
May 30, 2005... Byline: South Carolina Lawyers Weekly Staff Workers' Compensation Back Injury - Temporary Total Disability Where the claimant alleges she injured her back and shoulders when she was pulled down by a patient as she was attempting to...