South Carolina Lawyers Weekly articles from November 2007

South Carolina Lawyers Weekly archives from November 2007

South Carolina Lawyers in the News: November 5, 2007.
November 5, 2007... Byline: South Carolina Lawyers Weekly Staff Briefly Greenville attorney Richard A. "Dick" Jones Jr. of Dobson, Jones, Ball, Phillips & Bridges, P.A. was recently selected for inclusion in the "Best Lawyers in America 2008" for the...

Fourth Circuit rules closure of golf ball plant didn't violate worker notification law.
November 5, 2007... Byline: Gregory Froom A golf ball maker did not violate the Worker Adjustment and Retraining Notification Act when it shut down its Westminster plant without first giving notice to its employees, the Fourth Circuit ruled Oct. 29 in an...

U.S. Court of Appeals Case Summaries: November 5, 2007.
November 5, 2007... Byline: South Carolina Lawyers Weekly Staff A summary of recent decisions from other federal appeals courts. SIXTH CIRCUIT Murphy v. Cockrell, U.S. Court of Appeals, 6th Circuit No. 06-5897. Oct. 4, 2007. Holding: The First...

One-third more applicants than last year pass July South Carolina bar exam.
November 5, 2007... Byline: Gregory Froom Most of them are young, ambitious, strapped with student loans -- and now that they've got law licenses -- armed and hungry to compete for their cut of South Carolina's legal work. They are the 428 freshly minted...

Applicants passing the July 2007 bar examination.(List)
November 5, 2007... Byline: South Carolina Lawyers Weekly Staff The following applicants have been certified as passing the July 2007 bar examination by the Board of Law Examiners. A swearing-in ceremony is scheduled for Tuesday, Nov. 13 at 2:30 p.m. at the...

U.S. District Court: Store employee not 'sham' defendant for jurisdiction purposes in trip-and-fall.
November 5, 2007... Byline: Gregory Froom Wal-Mart could not remove a Barnwell woman's trip-and-fall claim to federal court based on diversity jurisdiction because she also sued the store employee -- a South Carolinian -- who was responsible for creating the...

S.C. Administrative Law Judge Division Case Summaries: November 5, 2007.(South Carolina)
November 5, 2007... Byline: South Carolina Lawyers Weekly Staff Administrative Mortgage Loan Originator's License - Criminal Convictions A woman with four criminal convictions within the past 10 years is granted her application for a mortgage loan...

S.C. Court of Appeals Case Summaries: November 5, 2007.(South Carolina)
November 5, 2007... Byline: South Carolina Lawyers Weekly Staff Criminal Criminal Sexual Conduct - Improper Disclosure - Probation Agent Trial counsel was not ineffective for not moving to suppress evidence presented against the petitioner since the...

U.S. Court of Appeals 4th Circuit Case Summaries: November 5, 2007.
November 5, 2007... Byline: South Carolina Lawyers Weekly Staff Banks & Banking Loan Fraud - Mortgage Securitization The Federal Deposit Insurance Corporation, as receiver for the First National Bank of Keystone, has its $161 million judgment affirmed...

U.S. District Court Case Summaries: November 5, 2007.
November 5, 2007... Byline: South Carolina Lawyers Weekly Staff Negligence Removal - Fraudulent Joinder A case concerning a woman who sued Wal-Mart and its employee for negligence after she fell in the parking lot was improvidently removed since...

South Carolina Lawyers in the News: November 12, 2007.
November 12, 2007... Byline: South Carolina Lawyers Weekly Staff Slocum joins Haynsworth Sinkler Boyd as associate Attorney C. Matthew "Matt" Slocum recently joined the law firm of Haynsworth Sinkler Boyd, P.A., as an associate attorney in Charleston. ...

S.C. Supreme Court says judgment not stayed during appeal of denied motion to set aside default.(South Carolina)
November 12, 2007... Byline: Gregory Froom A construction company that obtained a default judgment against a York County developer was not required to post a bond in order to enforce the judgment while an appeal was pending on a denied motion to set it aside,...

Discipline case spotlights rule against suspended lawyers working in law field.
November 12, 2007... Byline: Gregory Froom An attorney who went on working in law offices after his license was administratively suspended for falling short on CLE requirements and not paying Bar dues has again been suspended by the Supreme Court. In a...

South Carolina Supreme Court grants cert on cases dealing with workers' comp insurance certificates.
November 12, 2007... Byline: Gregory Froom What sort of documentation upstream contractors must collect to avoid liability for comp claims from employees of uninsured subs was among the issues the Supreme Court has agreed to take up. Grants of certiorari...

A D M I R A L T Y.
November 12, 2007... Byline: Guy Loranger, Staff Writer Geoffrey A. Losee jokingly claims his mother was a mermaid; his father, King Neptune. "I was born on the crest of a wave and rocked in the cradle of the deep," the Wilmington, N.C., lawyer said,...

U.S. Court of Appeals Case Summaries: November 12, 2007.
November 12, 2007... Byline: South Carolina Lawyers Weekly Staff A summary of recent decisions from the federal appeals courts. ELEVENTH CIRCUIT Peterson v. Baker, U.S. Court of Appeals, 11th Circuit No. 06-16180. Oct. 25, 2007 Holding: A teacher...

S.C. Supreme Court Case Summaries: November 12, 2007.
November 12, 2007... Byline: South Carolina Lawyers Weekly Staff Attorney Disciplinary Matter Commingling Funds - Account Reconciliation - Public Reprimand An attorney who admitted misconduct for failing to properly reconcile her trust account is...

U.S. Court of Appeals 4th Circuit Case Summaries: November 12, 2007.
November 12, 2007... Byline: South Carolina Lawyers Weekly Staff Administrative Medicare Payments - Motorized Wheelchairs - Medical Documentation A District Court did not err in granting summary judgment to defendant Secretary of Health and Human...

U.S. District Court Case Summaries: November 12, 2007.
November 12, 2007... Byline: South Carolina Lawyers Weekly Staff Civil Procedure Jurisdiction - Japanese Corporation - Discovery A South Carolina personal representative who sued a Japanese tire corporation after the decedent was killed in an...

South Carolina Lawyers in the News: November 19, 2007.
November 19, 2007... Byline: South Carolina Lawyers Weekly Staff Allen joins the board of directors of FDCC Foundation Attorney T. Eugene Allen III, a member in Nexsen Pruet's Columbia office, has been elected to the board of directors of the FDCC...

South Carolina Bar Exam results.
November 19, 2007... Byline: Gregory Froom The overall pass rate for the July bar exam has climbed to 81.1 percent after the Supreme Court nixed one section of the test, paving the way for 20 more applicants to get their licenses. The high court announced...

North Carolina Court of Appeals says rescission barred where buyer withheld .04 percent of price.
November 19, 2007... Byline: Gregory Froom Sellers of a half-million-dollar Edisto Island home could not back out of their deal when a buyer withheld $2,000 from the purchase price because the water treatment system needed repairs, the Court of Appeals has...

U.S. Court of Appeals Case Summaries: November 19, 2007.
November 19, 2007... Byline: South Carolina Lawyers Weekly Staff A summary of recent decisions from the federal appellate courts. FIFTH CIRCUIT Amschwand v. Spherion Corp., U.S. Court of Appeals, 5th Circuit No. 06-20346. Decided Oct. 18, 2007. ...

S.C. Court of Appeals says no mental-mental comp benefits for victim of workplace identity theft.
November 19, 2007... Byline: Gregory Froom The manager of a Kentucky Fried Chicken who claimed she had psychological problems after suffering identity theft at the hands of an employee could not recover workers' comp benefits, the Court of Appeals has ruled....

S.C. Court of Appeals says car not 'covered auto' for UIM, despite listing on policy.
November 19, 2007... Byline: Gregory Froom An Oconee County motorist could not recover underinsured motorist benefits from an auto insurance policy held by her husband's business, even though the car she was driving was listed on the policy, the Court of...

S.C. Court of Appeals Case Summaries: November 19, 2007.
November 19, 2007... Byline: South Carolina Lawyers Weekly Staff Criminal Murder - Armed Robbery - Directed Verdict A criminal defendant was entitled to a directed verdict since the evidence did not rise above the level of creating a mere suspicion...

S.C. Court of Appeals Unpublished Case Summaries: November 19, 2007.
November 19, 2007... Byline: South Carolina Lawyers Weekly Staff Insurance Underinsured Motorist Coverage - 'Covered Auto' - Named Insured - Different Owner Although an automobile policy listed the vehicle as an insured vehicle, a woman is not...

U.S. Court of Appeals 4th Circuit Case Summaries: November 19, 2007.
November 19, 2007... Byline: South Carolina Lawyers Weekly Staff Contract Home Purchase - Breach - Escrow- Rescission Sellers could not rescind a contract for the sale of a house since the buyer's alleged minor breach of $2,000 held in escrow pending...

U.S. Court of Appeals 4th Circuit Case Summaries: November 26, 2007.
November 26, 2007... Byline: South Carolina Lawyers Weekly Staff Criminal Drug Conspiracy - Murder - Aiding & Abetting In these consolidated appeals by three defendants of their convictions for conspiracy to distribute crack cocaine and related...

U.S. District Court Case Summaries: November 26, 2007.(Case overview)
November 26, 2007... Byline: South Carolina Lawyers Weekly Staff Workers' Compensation ERISA - Long- Term Disability Benefits - Offset - Different Injury Benefits under a worker's disability plan can be offset by a workers' compensation settlement even...

South Carolina Lawyers in the News: November 26, 2007.
November 26, 2007... Byline: South Carolina Lawyers Weekly Staff Briefly Two Rosen Law Firm attorneys have been selected for inclusion in the 2008 edition of "Best Lawyers in America." Robert N. Rosen was named in the area of family law, and Susan C. Rosen...

S.C. Court of Appeals says adoptive mother's psych problems not sufficient to undo adoption consent.(South Carolina)
November 26, 2007... Byline: Gregory Froom Birth parents who regretted giving up their son for adoption could not get him back based in part on allegations that the adoptive mother took medications for emotional problems, the Court of Appeals has ruled. In...

U.S. District Court says disability plan could offset comp award for different injury.
November 26, 2007... Byline: Gregory Froom A long-term disability benefits provider could offset a man's separate workers' comp settlement, even though it was for a different injury -- and his employer maintained in the settlement agreement that he was not...

South Carolina Judicial Department redesigns Web site, adds features.(Brief article)
November 26, 2007... Byline: South Carolina Lawyers Weekly Staff Beginning Friday, Nov. 16 the SCJD Web site got a new look, according to a press release from the South Carolina Judicial Department. The new design features a home page with links to all Web...

Partnership member could base comp benefits on wages, S.C. Court of Appeals finds.(South Carolina)
November 26, 2007... Byline: Gregory Froom A Dillon County man was entitled to comp payments based on his wages from the farm where he worked, even though he was a partner in the business, and it reported losses on its tax returns, the Court of Appeals has...

What constitutes secure funds for your clients in a 1031 exchange?
November 26, 2007... Byline: Patrick Dillon and Stephen A. Wayner For attorneys whose clients invest in properties, safety of funds is a fundamental aspect of a 1031 exchange strategy. "Will my client's funds be secure?" is the most important question to ask a...

U.S. Court of Appeals Case Summaries: November 26, 2007.
November 26, 2007... Byline: South Carolina Lawyers Weekly Staff A summary of recent decisions from other federal appellate courts. NINTH CIRCUIT Case: Lewis v. U.S. Department of Education, U.S. Court of Appeals, 9th Circuit No. 06-35255. Nov. 5,...

South Carolina Supreme Court Orders: November 26, 2007.(South Carolina Appellate Court Rules)(Law overview)
November 26, 2007... Byline: South Carolina Lawyers Weekly Staff ORDER By Order dated April 4, 2007, the Court amended Rules 413 and 502, SCACR, pursuant to a request from the Office of Disciplinary Counsel. Among other things, these amendments eliminated...

S.C. Court of Appeals Unpublished Case Summaries: November 26, 2007.(South Carolina)
November 26, 2007... Byline: South Carolina Lawyers Weekly Staff Civil Procedure Service Of Process - Delivery Restriction The appellant's attempted service of process upon a law firm by certified mail fails since the certificate of service clearly...