South Carolina Lawyers Weekly articles from May 2006

South Carolina Lawyers Weekly archives from May 2006

Charleston attorneys honored for civic service.(Richardson, Patrick, Westbrook and Brickman, LLC)(Brief article)
May 8, 2006... Byline: South Carolina Lawyers Weekly Staff Two attorneys who practice with the law firm of Richardson, Patrick, Westbrook & Brickman, LLC, have been recognized for their contributions to civic service. Christian H. Hartley has been...

Charleston School of Law students name Zisk as 'Professor of the Year'.(Charleston School of Law)(Brief article)
May 8, 2006... Byline: South Carolina Lawyers Weekly Staff Assistant Professor of Law Nancy L. Zisk has been named "Professor of the Year" by students at the Charleston School of Law. Zisk, who has her bachelor's and law degrees from Duke...

S.C. Lawyers in the News: May 8, 2006.(South Carolina Bar House of Delegates)(Brief article)
May 8, 2006... Byline: South Carolina Lawyers Weekly Staff Greenville attorney C. Stuart Mauney has been elected to serve another term as a 13th Judicial Circuit delegate in the South Carolina Bar House of Delegates. Mauney practices with the law firm of...

Charleston Metro Chamber of Commerce names Small Business of the Month.(Buist, Byars, Pearce and Taylor)(Brief article)
May 8, 2006... Byline: South Carolina Lawyers Weekly Staff The real estate law firm Buist, Byars, Pearce & Taylor has been chosen by the Charleston Metro Chamber of Commerce as the April 2006 Small Business of the Month for its innovation, diversification...

Charleston attorney Thomas W. Greene completes mediator certification.(Brief article)
May 8, 2006... Byline: South Carolina Lawyers Weekly Staff Charleston attorney Thomas W. Greene has completed certification training in mediation through the S.C. Bar. Greene is a sole practitioner and limits his practice to workers' compensation and...

S.C. Supreme Court rules commissioner could not award $250 as litigation expense.
May 8, 2006... Byline: Michael Dayton A workers' comp commissioner erred in charging an employer and its insurance company $250 in attorney's fees after an employee moved to force compliance with a consent order, the Supreme Court has ruled. "This...

S.C. Court of Appeals rules comp carrier must pay to upfit paraplegic's new home.
May 8, 2006... Byline: Michael Dayton A comp carrier that already paid $35,000 to renovate a rental home for a paraplegic worker must now pay a partial lump sum benefit to build a new home -- and provide $83,700 to make it handicapped-accessible, the...

S.C. Women Lawyers Association to focus on mentoring.(Alice Paylor)(Interview)
May 8, 2006... Byline: Gregory Froom Fostering connections between young female lawyers and their more-seasoned colleagues is a chief objective for the new president of a statewide organization for women lawyers. Alice Paylor, the Charleston attorney...

S.C. Supreme Court awards $73,050 in attorney fees in fight over rejected jeep.(1999 Jeep Cherokee )
May 8, 2006... Byline: Michael Dayton The state Supreme Court has affirmed $17,126 in actual damages and $73,050 in attorney's fees over a 1999 Jeep Cherokee that the buyers rejected because of numerous mechanical problems. In a May 1 unpublished...

S.C. Court of Appeals Case Summaries: May 8, 2006.
May 8, 2006... Byline: South Carolina Lawyers Weekly Staff Workers' Compensation Paraplegia - Home Modifications - Special Needs Where the claimant, who was paralyzed in a work-related accident, sought additional payments for modifications to his...

S.C. Court of Appeals Unpublished Case Summaries: May 8, 2006.(Motion For Reconsideration - Oral Argument)(Brief article)
May 8, 2006... Byline: South Carolina Lawyers Weekly Staff Attorneys Counsel Withdrawal - Motion For Reconsideration - Oral Argument Where the appellant, who appeals a decision allowing the respondent law firm to withdraw as her counsel, argues...

S.C. Supreme Court Case Summaries: May 8, 2006.
May 8, 2006... Byline: South Carolina Lawyers Weekly Staff Contract Vehicle Purchase - Magnuson- Moss Act - Incidental Damages Where a jury awarded the respondents $17,126.40 actual damages and $17,200 for incidental and consequential damages...

U.S. Court of Appeals 4th Circuit Case Summaries: May 8, 2006.(south carolina State Board of Dentistry)
May 8, 2006... Byline: South Carolina Lawyers Weekly Staff Civil Practice Jurisdiction - Interlocutory Appeal - State Dentistry Regulation - FTC Challenge The 4th Circuit does not have jurisdiction to consider a challenge by the Federal Trade...

Greenville attorney named to Business Advisory Council.(William H. Foster III)(Brief article)
May 15, 2006... Byline: South Carolina Lawyers Weekly Staff Greenville attorney William H. Foster III has been appointed to the Business Advisory Council. Foster is a partner in the law firm of Nelson Mullins Riley & Scarborough. His practice focuses...

Martin S. Driggers Jr. named special prosecutor of criminal domestic violence cases.(Brief article)
May 15, 2006... Byline: South Carolina Lawyers Weekly Staff Sweeny, Wingate & Barrow, P.A. managing partner Martin S. Driggers Jr. has been certified by Attorney General Henry McMaster's office as a pro bono special prosecutor of criminal domestic...

Columbia boutique law firm celebrates 10 years.(Sowell Gray Stepp & Laffitte, LLC.)(Brief article)
May 15, 2006... Byline: South Carolina Lawyers Weekly Staff The Columbia boutique litigation law firm of Sowell Gray is celebrating its 10th anniversary. Started in 1996 as Sowell, Todd, Laffitte, Beard & Watson, the firm was joined in 2000 by the...

Supreme Court says plaintiff in separate civil matter could unseal family court file.
May 15, 2006... Byline: Gregory Froom A Lexington County man could not keep the sealed records of his divorce proceedings away from the eyes of a plaintiff in an unrelated civil matter, the Supreme Court ruled May 8. The defendant's former employer --...

Man injured in SUV rollover wins $7M verdict against Mitsubishi.(Simo v. Mitsubishi Motor N.A., Inc.)
May 15, 2006... Byline: Gregory Froom A former Furman University soccer player has won a $7 million verdict against Mitsubishi Motors over a sport utility vehicle that rolled when the driver swerved to avoid a slow-moving truck. The plaintiff was...

Panel explores concerns over South Carolina's judicial selection.
May 15, 2006... Byline: Gregory Froom There is no good way to select judges, but South Carolina's system is the best of the bad. That was the consensus of a panel of judges and lawmakers who assembled earlier this month in Charleston to discuss...

Applicants passing the February 2006 Bar Examination.
May 15, 2006... Byline: South Carolina Lawyers Weekly Staff The applicants listed below have been certified as passing the February 2006 Bar Examination by the Board of Law Examiners. Richard Kingsley Allen III Shawn Emry Allen Bradford Cary...

S.C. Court of Appeals Case Summaries: May 15, 2006.
May 15, 2006... Byline: South Carolina Lawyers Weekly Staff Real Property Transfer - Satisfaction Of Judgment - Supplemental Proceedings Where the appellants, who were ordered to transfer property in partial satisfaction of a judgment, argue it...

S.C. Supreme Court Case Summaries: May 15, 2006.
May 15, 2006... Byline: South Carolina Lawyers Weekly Staff Contract State Retirement System - Reformation - TERI - Breach Where the petitioners brought this action for breach of contract in response to the enactment on July 1, 2005 of the State...

U.S. Court of Appeals 4th Circuit Case Summaries: May 15, 2006.
May 15, 2006... Byline: South Carolina Lawyers Weekly Staff Criminal Sentencing - Cocaine Base - Career Offender - Booker The 4th Circuit rejects a drug defendant's challenge to his 156-month sentence for distributing cocaine base, grounded on the...

Verdicts & Settlements May 15, 2006: Man injured in SUV rollover wins products liability suit.(Simo v. Mitsubishi Motor Corp.)(Brief article)
May 15, 2006... Byline: South Carolina Lawyers Weekly Staff $7 Million Verdict Products liability -- vehicle rollover. Principal injuries (in order of severity): Dislocated knee, fractured pelvis, fractured shoulder, stomach perforation, fractured...

Verdicts & Settlements May 15, 2006: Shopper settles slip-and-fall claim against grocery store.(Brief article)(Case overview)
May 15, 2006... Byline: South Carolina Lawyers Weekly Staff $99,000 Mediated Settlement Slip and fall. Principal injuries (in order of severity): Sacral fracture and fracture to the right wrist. Special damages: $14,137.38 Tried or...

Verdicts & Settlements May 15, 2006: Injured driver recovers underinsured motorist benefits.(Brief article)
May 15, 2006... Byline: South Carolina Lawyers Weekly Staff $62,000 Verdict The plaintiff was injured in a car wreck caused by another driver. Liability was admitted. The plaintiff suffered a shoulder injury. The case went to trial against State Farm...

S.C. Lawyers in the News: May 22, 2006.(Hedrick Eatman appoints of Phillip Florence Jr.)(McAngus Goudelock and Courie LLC appoints Mac Tolar)(Brief article)
May 22, 2006... Byline: South Carolina Lawyers Weekly Staff Attorney Phillip Florence Jr. has joined the law firm of Hedrick Eatman as a partner in its Columbia office. Florence's background includes litigation in areas such as general liability, premises...

Intellectual property litigator returns to South Carolina law firm Turner Padget.(Tim St. Clair)(Brief article)
May 22, 2006... Byline: South Carolina Lawyers Weekly Staff Attorney Tim St. Clair has returned to the law firm of Turner Padget where he will concentrate his practice on litigation and intellectual property law. St. Clair's past litigation experience...

Elmore Wall attorneys co-author American Bar Association Payment Bond Manual.(Frank Elmore, Keith Coltrain and Leslie Sullivan)(Brief article)
May 22, 2006... Byline: South Carolina Lawyers Weekly Staff Elmore Wall has announced that three of its attorneys are coauthors of the Payment Bond Manual, 3rd edition, published by the American Bar Association's tort trial and insurance practices section....

Buist, Byars, Pearce & Taylor in Charlestown names intern program coordinator.(appointment of Jennifer Burbage)(Brief article)
May 22, 2006... Byline: South Carolina Lawyers Weekly Staff Jennifer Burbage, a law clerk at the real estate law firm Buist, Byars, Pearce & Taylor LLC in Charleston, has been named intern program coordinator for the firm. She will assist in selecting...

S.C. Supreme Court rules suit over methane from capped landfill can move forward.
May 22, 2006... Byline: Gregory Froom A Lexington County company's inverse condemnation claim over methane gas that seeped onto its property from a nearby landfill could go forward, the Supreme Court ruled May 15. The high court reversed summary...

South Carolina Bar inducts new officers, board members.
May 22, 2006... Byline: Gregory Froom Charleston attorney Bradish J. "Brad" Waring was installed as the 2006-2007 president of the South Carolina Bar and Columbia attorney Lanneau W. "Lanny" Lambert Jr. was named president-elect during the House of...

S.C. Bar president to seek funding for uncompensated Rule 608 appointments.
May 22, 2006... Byline: Gregory Froom Unpaid Rule 608 appointments in indigent cases amount to an unconstitutional taking of attorneys' livelihood -- and it's time for the Bar to do something about it, said incoming State Bar President Bradish J. "Brad"...

U.S. District Court rules Ebay auction did not expose Va. car dealer to S.C. jurisdiction.
May 22, 2006... Byline: Michael Dayton A buyer who bought a $380,000 Porsche through an Ebay auction has been turned down in his second attempt to sue a Virginia car dealership in federal court. The problem: Neither the dealership nor its employees...

Employer concerns grow with increased employee Internet use.
May 22, 2006... Byline: Correy E. Stephenson (This article originally appeared in Lawyers USA, Boston, MA, another Dolan Media publication) If you're at work reading this story on the Internet, you may be in trouble. According to Burstek, a...

New Jersey case worries employment laywers.
May 22, 2006... Byline: Correy E. Stephenson (The following article was originally published in Lawyers USA, Boston, MA, another Dolan Media publication.) Already facing concerns about lost productivity and possible network security risks, employers...

S.C. Court of Appeals Unpublished Case Summaries: May 22, 2006.
May 22, 2006... Byline: South Carolina Lawyers Weekly Staff Negligence Automobile Accident - Damages - Witness Testimony Where the appellant, who was sued by the respondents for damages to their vehicle stemming from an automobile accident, argues...

S.C. Supreme Court Case Summaries: May 22, 2006.
May 22, 2006... Byline: South Carolina Lawyers Weekly Staff Appeals Order Granting A Stay - Interlocutory Where: (1) the appellant, who signed a service agreement to become a cellular telephone customer, sued alleging the early cancellation fee...

U.S. Court of Appeals 4th Circuit Case Summaries: May 22, 2006.
May 22, 2006... Byline: South Carolina Lawyers Weekly Staff Administrative Farm Benefits Application - Illegal Wetland Conversion The 4th Circuit upholds the decision of the U.S. Department of Agriculture to deny farm benefits to Holly Hill, a...

U.S. District Court Case Summaries: May 22, 2006.
May 22, 2006... Byline: South Carolina Lawyers Weekly Staff Contract Ebay Purchase - Personal Jurisdiction - Motion To Dismiss Where the plaintiff, who purchased a Porsche online from Ebay, sued a Virginia dealership that listed the car online,...

South Carolina attorney named one of the region's top business achievers.(Buist, Byars, Pearce and Taylor, LLC)(Brief article)
May 29, 2006... Byline: South Carolina Lawyers Weekly Staff Amanda Callander, who practices with 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...

South Carolina Bar House of Delegates elects Stephen P. Bates to the 5th Judicial Court.(Brief article)
May 29, 2006... Byline: South Carolina Lawyers Weekly Staff Stephen P. Bates was elected to the South Carolina Bar House of Delegates representing the 5th Judicial Circuit. Bates is a member with the law firm of McAngus Goudelock & Courie. The...

South Carolina Bar names attorney the Law Related Education Lawyer of the Year.(Brief article)
May 29, 2006... Byline: South Carolina Lawyers Weekly Staff Barbara Seymour, an attorney with the Office of Disciplinary Counsel in Columbia, has been named the Law Related Education Lawyer of the Year by the South Carolina Bar. The presentation was...

South Carolina attorney receives highest civilian honor.
May 29, 2006... Byline: South Carolina Lawyers Weekly Staff For his lifetime of exceptional, dedicated service to the Palmetto State, John C. von Lehe Jr., a Nelson Mullins Riley & Scarborough partner in the Charleston office, has received the Order of the...

South Carolina Appeals Court rules insurance auditor is entitled to workers' comp benefits.
May 29, 2006... Byline: Gregory Froom An insurance auditor whose job demands became "unattainable, unreasonable and unusual" was entitled to workers' comp benefits for his psychological problems, the Appeals Court has ruled. In a May 22 decision, the...

Lawyer's Weekly online poll reveals The General Assembly should select South Carolina judges.
May 29, 2006... Byline: South Carolina Lawyers Weekly Staff The General Assembly, not the voters, should select South Carolina's judges, according to nearly two-thirds of the respondents to a Lawyers Weekly online poll. At a forum on judicial...

The South Carolina Appeals Court rules woman in recent common-law marriage is entitled to alimony.
May 29, 2006... Byline: Gregory Froom An Abbeville County woman was entitled to alimony even though her decades-long relationship did not become a common-law marriage until 1996, the Appeals Court has ruled. The couple began cohabitation in the early...

South Carolina Appeals Court rules Midlands workers' comp claimant was improperly cut off.
May 29, 2006... Byline: Gregory Froom A treating physician's reaction to a video that showed a Midlands workers' comp claimant performing manual labor was properly excluded, the Appeals Court ruled May 22. The reason: the doctor's written assessment...

South Carolina Court of Appeals case summaries: May 29, 2006.
May 29, 2006... Byline: South Carolina Lawyers Weekly Staff Domestic Relations Divorce - Failure To Award Alimony Where the respondent/appellant wife argues the Family Court erred in denying her alimony because the court failed to give adequate...

South Carolina Court of Appeals unpublished case summaries: May 29, 2006.
May 29, 2006... Byline: South Carolina Lawyers Weekly Staff Domestic Relations Divorce - Alimony - Health Insurance Where the appellant wife contends the Family Court erred in denying her request for alimony and health insurance, we disagree since...

South Carolina Court of Appeals case summaries: May 29, 2006.
May 29, 2006... Byline: South Carolina Lawyers Weekly Staff Constitutional Ordinances - Authority - Gambling Day Cruises Where the Palmetto Princess brought a declaratory judgment action against the county because the company intended to run a...

U.S. Court of Appeals 4th Circuit case summaries: May 29, 2006.
May 29, 2006... Byline: South Carolina Lawyers Weekly Staff Criminal Sentencing - Vote- Buying - Booker Although a defendant convicted of vote-buying claims the District Court erred under U.S. v. Booker when it sentenced him to 33 months in...

U.S. District Court case summaries: May 29, 2006.
May 29, 2006... Byline: South Carolina Lawyers Weekly Staff Jurisdiction Removal - Diversity Jurisdiction - Motion To Remand Where the plaintiff, who alleges Wal-Mart employee, a registered sex offender, fondled Jane Doe #1 while she was shopping...