South Carolina Lawyers Weekly articles from November 2006

South Carolina Lawyers Weekly archives from November 2006

South Carolina Lawyers in the News: November 6, 2006.(managing partner J. Mark Taylor of Moore, Taylor & Thomas, P.A.)(Brief article)
November 6, 2006... Byline: South Carolina Lawyers Weekly Staff West Columbia attorney J. Mark Taylor has been selected for inclusion in the "Best Lawyers In America" for 2007. Taylor is managing partner of Moore, Taylor & Thomas, P.A. "Mark's experience and...

Allen Grumbine to lead Womble Carlyle's bankruptcy practice group.(Womble Carlyle Sandridge and Rice)(Brief article)
November 6, 2006... Byline: South Carolina Lawyers Weekly Staff Greenville attorney Allen Grumbine has been appointed practice group leader of Womble Carlyle Sandridge & Rice, PLLC's bankruptcy and creditors' rights practice group. For more than 30 years,...

Two join Turner Padget In Greenville.(Carrie Fisher and Ryan S. Montgomery join Turner, Padget, Graham and Laney)(Brief article)
November 6, 2006... Byline: South Carolina Lawyers Weekly Staff Attorneys Carrie Fisher and Ryan S. Montgomery have joined the Greenville office of Turner, Padget, Graham & Laney, P.A. Fisher is a member of the torts and insurance practice area. She joins...

Appeals Court upholds verdict for woman who tripped on rod at outlet mall.(O'Leary-Payne v. R.R. Hilton Head II, Inc. and Charter Oak Group, Ltd.)
November 6, 2006... Byline: Gregory Froom The Appeals Court has upheld a $3.6 million verdict for a woman who tripped over a metal rod that protruded from the sidewalk of a Bluffton outlet mall. In a decision handed down Oct. 30, the court rejected...

Commission says cab driver was independent contractor.(Nelson v. Yellow Cab Co.)
November 6, 2006... Byline: Gregory Froom A Charleston County cab driver was not entitled to workers' comp benefits for an on-the-job accident because she was an independent contractor, a commission appellate panel has ruled. The Oct. 17 order upheld the...

Divorced dad not required to pay child's student loan.
November 6, 2006... Byline: Gregory Froom A Lexington County man was not required to repay his daughter's student loan, even though he was responsible for other college-related expenses, the Appeals Court has ruled in an unpublished decision. The...

S.C. Court of Appeals Case Summaries: November 6, 2006.(South Carolina)(Rutland v. Holler, Dennis, Corbett, Ormond & Garner)(Ligon v. Norris )
November 6, 2006... Byline: South Carolina Lawyers Weekly Staff Civil S.C. Frivolous Civil Proceedings Sanctions Act - Attorney's Fees Where the appellant brought multiple lawsuits against the respondents for legal malpractice, breach of contract and...

S.C. Court of Appeals Unpublished Case Summaries: November 6, 2006.(Coon v. Renaissance on Charleston Harbor, LLC)(Harsey v. Thomas)(Miles v. Merit Distribution Services, Inc.)
November 6, 2006... Byline: South Carolina Lawyers Weekly Staff Arbitration Real Estate Contract - 'Time Is Of The Essence' - Cure Provision Where the appellant realtor was sued by the respondent purchasers for various causes of action after they...

U.S. Court of Appeals 4th Circuit Case summaries: November 6, 2006.
November 6, 2006... Byline: South Carolina Lawyers Weekly Staff Administrative Firearms Dealer - License Revocation A Baltimore firearms dealer that repeatedly violated requirements of the Gun Control Act, 18 U.S.C. Sect. 923, loses its request for...

Workers' Compensation Case Summaries: November 6, 2006.(Turner v. Flag-A-Cab, Inc.)(Case overview)
November 6, 2006... Byline: South Carolina Lawyers Weekly Staff Workers' Compensation Taxi Cab Driver - Independent Contractor - Automobile Accident Where the claimant, who rented a vehicle associated with Flag-A-Cab, sought benefits after she was...

S.C. Lawyers in the News: November 13, 2006.(Sarah L. Clingman and Amy M. Landers )
November 13, 2006... Byline: South Carolina Lawyers Weekly Staff Rogers Townsend & Thomas Expands Real Estate, Litigation Sections Attorneys Sarah L. Clingman and Amy M. Landers have joined the real estate section of the law firm of Rogers Townsend &...

S.C Court of Appeals rules bank could use insurance funds to pay off mortgage after house fire.(South Carolina)(Brannon v. The Palmetto Bank and Barnard)
November 13, 2006... Byline: Gregory Froom An Upstate couple could not recover damages after the lender used insurance proceeds to pay off the mortgage instead of allowing them to use the money to rebuild their destroyed home, the Appeals Court has ruled. ...

S.C. Workers' Compensation Commission awards comp benefits for same-sex workplace harassment.(South Carolina)
November 13, 2006... Byline: Gregory Froom An Upstate heavy equipment mechanic has been awarded mental-mental comp benefits after a co-worker's homoerotic harassment made him "snap," according to an appellate panel decision from the Workers' Compensation...

State of S.C. loses claim to Civil War papers.(South Carolina)(Willcox v. Stroup et al.)
November 13, 2006... Byline: Gregory Froom Possession is nine-tenths of the law. That layperson's legal maxim was the decisive factor in a dispute over a collection of papers from two Civil War-era South Carolina governors. In a decision handed down late...

S.C. Court of Appeals rules no homeowner's coverage when stray bullet strikes son.(South Carolina Farm Bureau Mutual Insurance Company v. Dawsey )
November 13, 2006... Byline: South Carolina Lawyers Weekly Staff A homeowner's insurance policy did not provide coverage when a North Charleston man fired a pistol at a car tire but accidentally shot his son, the Court of Appeals has ruled. The son's...

S.C. Court of Appeals Case Summaries: November 13, 2006.(South Carolina)(Brannon v. The Palmetto Bank)
November 13, 2006... Byline: South Carolina Lawyers Weekly Staff Contract Breach - House Purchase - Foreclosure - Insurance Proceeds Where the respondents sued the appellant bank for breach of contract and conversion after a house they bought out of...

S.C. Court of Appeals Unpublished Case Summaries: November 13, 2006.(State v. Gibson )(Brief article)
November 13, 2006... Byline: South Carolina Lawyers Weekly Staff Criminal Drug Convictions - Suppression Hearing - Lawful Search Where the appellant argues the trial court erred in failing to suppress various items of seized evidence, we disagree...

S.C. Supreme Court Case Summaries: November 13, 2006.(South Carolina)(State v. Evans)(S.C. Dept. of Social Services v. Martin )
November 13, 2006... Byline: South Carolina Lawyers Weekly Staff Criminal Murder - Death Penalty - Jury Charge - Mitigating Circumstance Where the appellant, who was sentenced to death, seeks a new sentencing proceeding due to the trial judge's failure...

U.S. Court of Appeals 4th Circuit Case Summaries: November 13, 2006.(U.S. v. Chase )
November 13, 2006... Byline: South Carolina Lawyers Weekly Staff Criminal Sentencing - Drug Dealer - Acceptance Of Responsibility - Plea Agreement A defendant who failed to pay a special assessment called for in a plea agreement, and who only told the...

S.C. Workers' Compensation Court Case Summaries: November 13, 2006.(Gallagher v. Van Lott, Inc.)
November 13, 2006... Byline: South Carolina Lawyers Weekly Staff Workers' Compensation Sexual Harassment - Psychological Injury Where the claimant alleges he suffered a mental injury at work through sexual harassment by another male employee, the...

South Carolina Lawyers in the News: November 20, 2006.(Edward Bender and Kimberly Neel)(John G. Creech )
November 20, 2006... Byline: South Carolina Lawyers Weekly Staff Bender, Neel Join Nexsen Pruet Edward Bender and Kimberly Neel have joined the Columbia office of Nexsen Pruet and will work as associates in the health care and bankruptcy groups,...

fan injured by stray hockey puck could not recover damages.(Hurst v. East Coast Hockey League)
November 20, 2006... Byline: Gregory Froom A man whose face was injured by a flying puck at a Florence Pride hockey game could not recover damages from the team, the league or the arena, the Supreme Court has ruled in an apparent first-impression decision. ...

Federal judge rejects class action in suit over Ford diesels.(Henry M. Herlong Jr. denies case of Cox House Moving Inc. v. Ford Motor Co.)
November 20, 2006... Byline: Gregory Froom A federal judge has denied class certification in a lawsuit over a Ford truck with an allegedly troublesome diesel engine -- even though the motor reportedly has a reputation among other owners for being unreliable....

Coastal landowner's claim to marsh not backed up by 18th century grant.
November 20, 2006... Byline: South Carolina Lawyers Weekly Staff A 220-year-old land grant was too vague to support a Folly Beach man's claim to tidal marshlands near his lot, the Appeals Court has ruled. The Nov. 13 decision follows a series of cases that...

Applicants passing the July 2006 Bar Examination.(Public notice)
November 20, 2006... Byline: South Carolina Lawyers Weekly Staff The Supreme Court of South Carolina congratulates the applicants listed below who have been certified as passing the July 2006 Bar Examination by the Board of Law Examiners. A Jenny E....

S.C. Court of Appeals Case Summaries: November 20, 2006.(South Carolina)
November 20, 2006... Byline: South Carolina Lawyers Weekly Staff Criminal Criminal Sexual Conduct - Sentencing - Most Serious Offense Where the appellant argues the trial court erred in sentencing him to life imprisonment without the possibility of...

S.C. Supreme Court Case Summaries: November 20, 2006.(South Carolina)
November 20, 2006... Byline: South Carolina Lawyers Weekly Staff Judicial Disciplinary Matter Cocaine Use - Admitted Misconduct - Public Reprimand Where the respondent magistrate admitted misconduct for using cocaine and using her judicial position to...

U.S. Court of Appeals 4th Circuit Case Summaries: November 20, 2006.
November 20, 2006... Byline: South Carolina Lawyers Weekly Staff Administrative Black Lung Benefits - Collateral Estoppel - Prior Ruling A miner's widow is entitled to a remand of her claim for survivor's benefits under the Black Lung Benefits Act, 30...

U.S. District Court Case Summaries: November 20, 2006.(Cox House Moving, Inc. v. Ford Motor Co.)
November 20, 2006... Byline: South Carolina Lawyers Weekly Staff Motor Vehicles Breach Of Warranty - Class Action Where the plaintiff, who experienced numerous engine problems with a truck manufactured by the defendant, sought to bring a class-action...

South Carolina law firms announce personnel changes.
November 27, 2006... Byline: South Carolina Lawyers Weekly Staff Ellis Lawhorne Adds Two Attorneys Attorneys Jenkins Mann and Knowlton "Rip" Sanders have joined the law firm of Ellis Lawhorne & Sims, P.A. Mann is the newest member of the firm's...

South Carolina Supreme Court approves rule on foreign legal consultants.
November 27, 2006... Byline: Michael Dayton Lawyers from other countries can now ply their trade here under a new rule that gives them limited practice privileges as "foreign legal consultants." The adoption of Rule 424, approved by the state Supreme Court...

New head of South Carolina's litigators' defense group seeks fairness in legal system.(Elbert S. Dorn)(South Carolina Defense Trial Attorneys' Association)
November 27, 2006... Byline: Gregory Froom Coordination with the plaintiffs' bar to ensure fairness in the state's legal system is the focus of the new leader of a statewide defense litigators' group. Attorney Elbert S. Dorn, the incoming president of the...

New University of South Carolina law school to cost $75M.
November 27, 2006... Byline: Gregory Froom The University of South Carolina is at least $55 million and five years away from its goal of constructing a more modern building to house the law school, according to the dean. Construction costs for the new law...

South Carolina Supreme Court Case Summaries: November 27, 2006.
November 27, 2006... Byline: South Carolina Lawyers Weekly Staff Attorney Disciplinary Matter Diligence - Definite Suspension Where the respondent admitted misconduct in various matters, we accept the agreement for discipline by consent and impose a...

U.S. Court of Appeals 4th Circuit Case Summaries: November 27, 2006.
November 27, 2006... Byline: South Carolina Lawyers Weekly Staff Commercial CAN- SPAM - Preemption - Okla. Law - 'Bare Error' Although a federal statute, the Controlling the Assault of Non-Solicited Pornography & Marketing Act of 2003, 15 U.S.C. Sects....