South Carolina Lawyers Weekly articles from November 2004

South Carolina Lawyers Weekly archives from November 2004

S.C. Lawyers In The News: November 1, 2004.
November 1, 2004... Byline: South Carolina Lawyers Weekly Staff Greenville attorney Mason A. "Andy" Goldsmith Jr. has been named chairman of the construction law section of the South Carolina Bar for 2004-2005. Goldsmith is a 1996 graduate of the University...

Supreme Court rules 127-to-1 punitive ratio violated due process rights.
November 1, 2004... Byline: Gregory Froom A punitive damage award that was 127 times greater than the compensatories in a contract dispute against an exterminator was unconstitutionally excessive, the Supreme Court ruled Oct. 25. The justices said the...

South Carolina Workers' Compensation Case Summaries: November 1, 2004.
November 1, 2004... Byline: South Carolina Lawyers Weekly Staff Workers' Compensation Knee and Hand Injuries - Causally Related Medical Expenses Where the claimant sustained a compensable injury to his left leg/knee and right hand when he fell down a...

S.C. Appeals Court rules abuse victim couldn't base failure-to-warn claim on statute.
November 1, 2004... Byline: South Carolina Lawyers Weekly Staff A Charleston County boy who allegedly was molested by a physician could not sue the doctor's treating psychiatrist for failing to report that the doctor had abused other children, the Appeals...

S.C. Appeals Court reverses DUI conviction when medical personnel not ID'ed.
November 1, 2004... Byline: Michael Dayton Even though a worker who drew blood from a Spartanburg drunk driving suspect showed up in the emergency room wearing hospital scrubs, that didn't prove that he was qualified to collect the sample under the state's...

Commentary: Environmental law update.
November 1, 2004... Byline: Kurt J. Olson Successor Liability In a decision that may have an impact on business mergers and acquisitions and how those transactions are structured, the U.S. Court of Appeals for the Second Circuit (the "Second Circuit")...

S.C.-based law firm Haynsworth Sinkler Boyd, P.A. attorneys named in 'Best Lawyers In America'.
November 1, 2004... Byline: South Carolina Lawyers Weekly Staff Twenty-nine attorneys at the South Carolina-based law firm of Haynsworth Sinkler Boyd, P.A. will be listed in The Best Lawyers in America 2005-2006 for their practice areas. The 2005-2006 edition...

S.C. Appeals Court decisions address contracts based on workplace promises.
November 1, 2004... Byline: Gregory Froom The ability of juries to construe handbooks and other workplace documents as employment contracts has once again been addressed by the Appeals Court. Two cases handed down last week dealt with the common law as it...

S.C. Court of Appeals Case Summaries: November 1, 2004.
November 1, 2004... Byline: South Carolina Lawyers Weekly Staff Criminal Driving Under the Influence - Blood Sample Admission Where the appellant sought to suppress the admission of the blood-alcohol test results on the grounds the state did not...

S.C. Court of Appeals Unpublished Case Summaries: November 1, 2004.
November 1, 2004... Byline: South Carolina Lawyers Weekly Staff Domestic Relations Divorce - Equitable Apportionment - Transmutation Where the appellant husband argues that the Family Court erred in finding the marital home and three acres, which he...

S.C. Supreme Court Case Summaries: November 1, 2004.
November 1, 2004... Byline: South Carolina Lawyers Weekly Staff Attorney Disciplinary Matter Admitted Misconduct - Real Estate Closings -Disbarment Where the respondent admitted misconduct in connection with multiple real estate closings, we accept...

U.S. Court of Appeals 4th Circuit Case Summaries: November 1, 2004.
November 1, 2004... Byline: South Carolina Lawyers Weekly Staff Criminal Resentencing - Marijuana - CCE A defendant sentenced for marijuana conspiracy and later sentenced on a separate but related continuing criminal enterprise charge after he...

S.C. Appeals Court rules evidence of drinking before motorcycle wreck inadmissible.
November 8, 2004... Byline: Gregory Froom Tests that showed a Lexington County motorist had a blood-alcohol level of 0.036 percent after he was injured in a motorcycle accident should have been excluded from evidence, the Appeals Court has ruled in an...

S.C. Court of Appeals Unpublished Case Summaries: November 8, 2004.
November 8, 2004... Byline: South Carolina Lawyers Weekly Staff Contract Church Construction - Mechanic's Lien - Foreclosure Where the respondent construction company sought foreclosure of a valid mechanic's lien against the appellant church, the...

S.C. Appeals Court rules gap in DUI video wasn't automatic basis for excluding breath test.
November 8, 2004... Byline: Michael Dayton Even though an arresting officer didn't videotape a DUI suspect for the full 20 minutes before a breath test, that didn't automatically mean the test results had to be suppressed, the Appeals Court has ruled in an...

S.C. Court of Appeals Case Summaries: November 8, 2004.
November 8, 2004... Byline: South Carolina Lawyers Weekly Staff Attorneys Fee Dispute - Statute of Limitations Where the appellant, who retained the respondent attorney to handle a criminal matter, sued the respondent for various causes of action...

S.C. Supreme Court Case Summaries: November 8, 2004.
November 8, 2004... Byline: South Carolina Lawyers Weekly Staff Criminal Inmate Grievances - Jurisdiction - Dismissal Where the appellant appealed two Circuit Court orders upholding an Administrative Law Judge's determination that he lacked...

U.S. Court of Appeals 4th Circuit Case Summaries: November 8, 2004.
November 8, 2004... Byline: South Carolina Lawyers Weekly Staff Civil Practice Diversity Jurisdiction - Bank - Branch Office - Citizen A national banking association with its principal place of business in North Carolina also is a citizen of South...

Haynsworth Sinkler Boyd, P.A. is honored by American Heart Association.
November 8, 2004... Byline: South Carolina Lawyers Weekly Staff Haynsworth Sinkler Boyd, P.A. has been recognized by the American Heart Association, Lowcountry Chapter as the company in the "Under 500 Employees" category with the highest rate of employee...

S.C. Lawyers In The News: November 8, 2004.
November 8, 2004... Byline: South Carolina Lawyers Weekly Staff Attorney Catherine West Olivetti has joined the Charleston-based law firm Buist, Byars, Pearce & Taylor, LLC. Olivetti will serve as managing partner of the firm's Bluffton/Hilton Head Island...

S.C. Appeals Court rules doctor's failure to report test results could be separate claim.
November 8, 2004... Byline: Gregory Froom A Loris physician's failure to report lab test results to his patient's treating physician could be the basis for a claim against the doctor, the Appeals Court ruled Nov. 1. In a first-impression opinion, the...

Womble Carlyle law firm to offer minority scholarships at Southeast law schools.
November 8, 2004... Byline: South Carolina Lawyers Weekly Staff Womble Carlyle Sandridge & Rice, PLLC today has announced the Womble Carlyle Scholars Program -- a program that will provide one $4,000 scholarship annually to a minority, second-year law student...

S.C. lawyer who performed closings in 'flip' transactions is disbarred.
November 15, 2004... Byline: Gregory Froom A Rock Hill attorney has been disbarred in the latest disciplinary action involving residential real estate closings. In a Nov. 8 order, In the Matter of Brown (South Carolina Lawyers Weekly No. 010-145-04, 17...

'Best Lawyers' selects 13 South Carolina attorneys from Wyche Burgess Freeman & Parham, PA.
November 15, 2004... Byline: South Carolina Lawyers Weekly Staff Thirteen lawyers from the law firm of Wyche Burgess Freeman & Parham, P.A. have been selected by their peers as among the best attorneys in their respective fields of practice in the 2005-2006...

U.S. Court of Appeals 4th Circuit Case Summaries: November 15, 2004.
November 15, 2004... Byline: South Carolina Lawyers Weekly Staff Criminal Sentencing - Drug Quantity - Cocaine Base In sentencing a defendant for possession with intent to distribute a quantity of cocaine base, the District Court erred in excluding...

South Carolina attorney named Business Person of the Year.
November 15, 2004... Byline: South Carolina Lawyers Weekly Staff Womble Carlyle attorney Brent Clinkscale was awarded Business Person of the Year 2004 by the Greenville Magazine at a presentation dinner last month at the Palmetto Exposition Center in...

McNair Law Firm attorneys named in 'Best Lawyers In America'.
November 15, 2004... Byline: South Carolina Lawyers Weekly Staff The McNair Law Firm, P.A. has announced that 18 of its attorneys -- 16 in South Carolina and two in North Carolina -- have been selected by their peers for inclusion in The Best Lawyers in...

South Carolina Workers' Compensation Case Summaries: November 15, 2004.
November 15, 2004... Byline: South Carolina Lawyers Weekly Staff Workers' Compensation Mental Breakdown - Extraordinary Conditions - Claim Denial Where the claimant alleges he suffered a mental injury as a result of extraordinary and/or unusual...

S.C. Appeals Court rules land sale contract unenforceable for lack of property description.
November 15, 2004... Byline: Gregory Froom A contract for the sale of 30 acres in Richland County that called for the parties "to agree on the location of the property lines" was unenforceable, the Appeals Court has ruled in an unpublished opinion. The...

S.C. Appeals Court rules husband couldn't reduce alimony despite wife's old bookkeeping job.
November 15, 2004... Byline: Gregory Froom Even though a Florence County woman worked as a bookkeeper before she became a stay-at-home mom, the Family Court correctly imputed only minimum wage earnings to her when setting alimony, the Appeals Court ruled Nov....

S.C. Court of Appeals Case Summaries: November 15, 2004.
November 15, 2004... Byline: South Carolina Lawyers Weekly Staff Criminal Felony Driving Under the Influence - Sufficiency of Indictment Where the appellant, who pled guilty to one count of felony DUI resulting in death, argues the indictment was...

S.C. Court of Appeals Unpublished Case Summaries: November 15, 2004.
November 15, 2004... Byline: South Carolina Lawyers Weekly Staff Contract Property Sale - Specific Performance - Statute of Frauds Where the respondent/appellant, who contracted to purchase 30 acres from the appellants/respondents, sought specific...

S.C. Supreme Court Case Summaries: November 15, 2004.
November 15, 2004... Byline: South Carolina Lawyers Weekly Staff Attorney Disciplinary Matter Real Estate Closings - Admitted Misconduct -Disbarment Where the respondent, who conducted real estate closings prior to being admitted to practice law,...

Jilted lover awarded $125,000 for broken marriage vow.
November 22, 2004... Byline: Michael Dayton A woman who quit her job in Connecticut and moved to South Carolina to marry a Richland County fireman -- only to discover he was already married -- has been awarded $125,000 in damages. The plaintiff recovered...

Federal court affirms that sentence of probation did not violate defendant's 6th Amendment rights.
November 22, 2004... Byline: South Carolina Lawyers Weekly Staff A defendant prosecuted for DUI on a Marine Corps Base cannot vacate his underlying sentence of probation on the ground that that sentence is invalid under Alabama v. Shelton, 535 U.S. 654 (2002),...

South Carolina Lawyers in the News: November 22, 2004.
November 22, 2004... Byline: South Carolina Lawyers Weekly Staff Attorney Christalyn Clements "Christy" Hair has joined the law firm of Buist, Byars, Pearce & Taylor, LLC as an associate. Hair will handle real estate law, estate planning and business law in...

Federal court vacates district court's judgment in breach of contract action.
November 22, 2004... Byline: South Carolina Lawyers Weekly Staff Where the appellant financial services company, who entered into an agreement to enter into a lease with a screw company, was sued for breach of contract and various causes of action, and the...

Federal court affirms jury award to plaintiff for compensatory and punitive damages.
November 22, 2004... Byline: South Carolina Lawyers Weekly Staff A trucker who attempted repeatedly to pay for his fuel at a crowded truck stop, but had his efforts rebuffed by the truck-stop staff, and who left the pump where others were in line to fuel their...

South Carolina Legal Briefs: November 23, 2004.
November 22, 2004... Byline: South Carolina Lawyers Weekly Staff Haynsworth Sinkler Boyd, P.A. attorneys G. Dewey Oxner Jr., and H. Donald Sellers were recently recognized by the South Carolina Supreme Court as certified Circuit Court mediators. Both lawyers...

SC Verdicts & Settlements: Connecticut woman recovers $95,000 for breach of promise to marry.
November 22, 2004... Byline: South Carolina Lawyers Weekly Staff $125,000 Verdict Jury Verdict Brief Statement of Claim: The claims that went to the jury were for (1) failure to repay personal loans totaling $40,000 following a demand for repayment;...

Federal court rules American citizen cannot withdraw guilty plea to supporting al Queda.
November 22, 2004... Byline: South Carolina Lawyers Weekly Staff A native of Kashmir who became an American citizen in 1999, and who pleaded guilty to providing material support to al Queda in violation of 18 U.S.C. Sect. 2339A and conspiring to provide...

Berkeley County Circuit Court affirms magistrates sales of vehicle.
November 22, 2004... Byline: South Carolina Lawyers Weekly Staff Where the appellant, who appeals the magistrate's sale of his vehicle to satisfy a mechanic's lien held by the respondent repair shop, argues the magistrate's return was defective because the...

State court affirms denial of petitioner's request for simple assault and battery charge.
November 22, 2004... Byline: South Carolina Lawyers Weekly Staff Where the Court of Appeals affirmed the trial court's refusal to charge the jury on simple assault and battery as a lesser-included offense of first degree CSC, this was proper; however, we modify...

U.S. 4th Circuit Appeals Court vacates $3.5M verdict in financing dispute.
November 22, 2004... Byline: Gregory Froom The U.S. Fourth Circuit Court of Appeals has vacated a $3.5 million verdict for a Clinton manufacturer in a contract dispute over financing for a specialized industrial machine. In an unpublished decision, the...

S.C. Appeals Court upholds verdict for lawyer who did not conduct title search.
November 22, 2004... Byline: Gregory Froom The Appeals Court has upheld a verdict for a Myrtle Beach attorney who was sued for alleged malpractice because she did not conduct a title search when preparing a second mortgage. In a Nov. 4 unpublished...

S.C. Court of Appeals Case Summaries: November 29, 2004.
November 29, 2004... Byline: South Carolina Lawyers Weekly Staff Civil Sexual Abuse Allegations - Motion to Proceed Anonymously Where the appellant, who had previously been represented by the respondent in a civil claim against a school relating to...

S.C. Supreme Court Case Summaries: November 29, 2004.
November 29, 2004... Byline: South Carolina Lawyers Weekly Staff Attorney Disciplinary Matter Admitted Misconduct - Real Estate Transactions - Definite Suspension Where the respondent admitted misconduct in connection with the mishandling of real...

N.C. Appeals Court rules plaintiff can remain anonymous in malpractice suit against lawyer.
November 29, 2004... Byline: Gregory Froom A Charleston man could remain anonymous in his malpractice case against the attorney who represented him in a sex abuse suit against a school, the Appeals Court has ruled. In a first-impression decision, the...

S.C. Appeals Court rules life insurance contestability period began anew when policy was reinstated.
November 29, 2004... Byline: Gregory Froom A life insurance company could refuse to pay out on a Richland County woman's policy -- even though it had a two-year contestability period and the woman died nearly three years after the issue date, the Appeals Court...

S.C. Court of Appeals Unpublished Case Summaries: November 29, 2004.
November 29, 2004... Byline: South Carolina Lawyers Weekly Staff Criminal Criminal Sexual Conduct - Impeachment - Juvenile Offense Where the appellant, who was convicted of various crimes including CSC, argues the trial court abused its discretion by...

S.C.-based Womble Carlyle's lawyers named among The Best Lawyers In America.
November 29, 2004... Byline: South Carolina Lawyers Weekly Staff Four attorneys from the Greenville office of Womble Carlyle Sandridge & Rice, PLLC have once again ranked highly on Woodward/White Inc.'s Best Lawyers in America listing. The total number of...

South Carolina attorney admitted to Mississippi Bar.
November 29, 2004... Byline: South Carolina Lawyers Weekly Staff Columbia attorney John C. Phillips Jr. has been admitted to the Mississippi Bar. Phillips practices with the firm of Rogers Townsend & Thomas, P.C. and concentrates his practice on construction...

S.C.-based law firm Nelson Mullins passes 350-attorney mark.
November 29, 2004... Byline: South Carolina Lawyers Weekly Staff Nelson Mullins has hired 13 new lawyers in its South Carolina offices, pushing the Columbia-based law firm's total number of attorneys over 350, according to a firm press release. "The...

Tort reform tops agenda for South Carolina defense lawyers' group.
November 29, 2004... Byline: Michael Dayton The state's largest defense lawyers' group has played an advisory role on tort reform in the past and is now poised to try a more hands-on approach, says its newly elected president. "Tort reform is going to...

U.S. Court of Appeals 4th Circuit Case Summaries: November 29, 2004.
November 29, 2004... Byline: South Carolina Lawyers Weekly Staff Civil Practice Removal - Complaint Amendments - Federal Defense Where the plaintiff is suing the Greenbrier Hotel under West Virginia state law, alleging violations of that state's human...

S.C. Workers' Compensation Case Summaries: November 29, 2004.
November 29, 2004... Byline: South Carolina Lawyers Weekly Staff Workers' Compensation Back and Arm Injuries - Temporary Total Disability Where the claimant suffered an admitted injury by accident to her back and left upper extremity when she slipped...