South Carolina Lawyers Weekly articles from October 2005

South Carolina Lawyers Weekly archives from October 2005

S.C. Supreme Court rules company had no duty to inform insureds about eligibility for preferred rate.(South Carolina Supreme Court)
October 3, 2005... Byline: Gregory Froom Hilton Head Island homeowners could not recover from their insurer for its failure to notify them that they might have qualified for cheaper flood insurance policies, the Supreme Court has ruled. In a Sept. 26...

S.C. Workers' Compensation Comm. rules trucker employee for comp purposes.(South Carolina Workers Compensation Commission)
October 3, 2005... Byline: South Carolina Lawyers Weekly Staff A Sumter County trucker was entitled to workers' comp benefits for injuries he suffered while loading a trailer even though documents listed him as an independent contractor, the Workers'...

S.C. Court of Appeals rules Medicare Act didn't give rise to plaintiff's medical malpractice lawsuit.(South Carolina Court of Appeals, Wogan v. Kunze et al.)
October 3, 2005... Byline: South Carolina Lawyers Weekly Staff A Hilton Head Island physician could not be held liable in a medical malpractice action for failing to file Medicare claims for a patient's prescription drugs, the Court of Appeals ruled Sept. 26....

Dalton Floyd receives S.C.'s highest civilian honor.(South Carolina, Order of the Palmetto)(Brief Article)
October 3, 2005... Byline: South Carolina Lawyers Weekly Staff South Carolina's highest civilian honor, The Order of the Palmetto, was awarded last month to Dalton B. Floyd Jr. for his service to the state and nation. An attorney practicing in Surfside...

Mortgage banking veteran to lead quality assurance team for Myrtle Beach law firm.(Rogers Townsend and Thomas, Richard T. Martin )(Brief Article)
October 3, 2005... Byline: South Carolina Lawyers Weekly Staff Attorney Richard T. Martin has joined the law firm of Rogers Townsend & Thomas, PC. He will direct quality assurance efforts for the firm's default services section. Martin has over 20 years...

U.S. Court of Appeals 4th Circuit Case Summaries: October 3, 2005.
October 3, 2005... Byline: South Carolina Lawyers Weekly Staff Contract Government Contract - False Claims Act - Retaliation Claim - Limitations This case comes to us on remand from the U.S. Supreme Court. In an earlier decision, this court held...

S.C. Supreme Court Case Summaries: October 3, 2005.(South Carolina. Supreme Court)
October 3, 2005... Byline: South Carolina Lawyers Weekly Staff Attorney Disciplinary Matter Admitted Misconduct - Indefinite Suspension Where the respondent admitted misconduct in various matters, including misappropriation of client funds, we accept...

S.C. Court of Appeals Case Summaries: October 3, 2005.(South Carolina. Court of Appeals)
October 3, 2005... Byline: South Carolina Lawyers Weekly Staff Arbitration Motion to Compel - Intertwining Doctrine Where the appellants argue the trial court erred in denying its motions to compel arbitration based on its finding that "the...

S.C. Court of Appeals Unpublished Case Summaries: October 3, 2005.
October 3, 2005... Byline: South Carolina Lawyers Weekly Staff Civil Forfeiture - Real Property - Probable Cause Where the solicitor brought this civil forfeiture action against the appellant seeking the forfeiture of the appellant's real property...

Workers' Compensation Court Case Summaries: October 3, 2005.(Fleet Movers Inc.)
October 3, 2005... Byline: South Carolina Lawyers Weekly Staff Workers' Compensation Employee/Independent Contractor - Truck Driver Where the claimant, who worked as a professional truck driver, injured his left foot when he fell from a trailer and...

4th Circuit rules PMI carrier couldn't use clause in mortgage contract to compel arbitration.(private mortgage insurer)(Brantley v. Republic Mortgage Insurance Co.)
October 10, 2005... Byline: Gregory Froom A private mortgage insurer could not rely on a clause in loan documents to force a Beaufort couple to arbitrate their Fair Credit Reporting Act claims, the U.S. Fourth Circuit Court of Appeals has ruled. The...

S.C. Ethics Advisory Committee rules real estate closings by mail are ethical.
October 10, 2005... Byline: Gregory Froom Real estate closings conducted by mail are ethical as long as the closing attorney maintains open channels of communication with the client and legal personnel are properly supervised, the Ethics Advisory Committee...

S.C. Appeals Court upholds punitive damages for woman injured in fall.(South Carolina)
October 10, 2005... Byline: Gregory Froom The Appeals Court has upheld a $1.25 million punitive damage award for a woman who was injured when she fell in the parking lot of a Kingstree hospital. In an Oct. 3 decision, the panel said the punitives could be...

Buist, Byars, Pearce & Taylor adds partner to head New North Charleston office.(John G. "Jay" Brown II)(Brief Article)
October 10, 2005... Byline: South Carolina Lawyers Weekly Staff Attorney John G. "Jay" Brown II has joined real estate law firm of Buist, Byars, Pearce & Taylor, LLC as partner. Brown will run the firm's soon-to-open North Charleston office where he will...

S.C. attorney general tapped to co-chair environmental health and safety committee.(South Carolina)(Henry McMaster)(Brief Article)
October 10, 2005... Byline: South Carolina Lawyers Weekly Staff South Carolina Attorney General Henry McMaster has been selected to co-chair the National Association of Attorneys General's environmental, public health & safety committee. "In South...

Army commander recognizes contributions of S.C. attorneys, paralegals.(South Carolina)(Brief Article)
October 10, 2005... Byline: South Carolina Lawyers Weekly Staff A number of South Carolina attorneys and paralegals who serve as reserve soldiers in the 12th Legal Support Organization were presented awards during a unit assembly last month. The awards...

S.C. lawyer Franklin G. Daniels selected to serve as general counsel for Burroughs & Chapin.(South Carolina)
October 10, 2005... Byline: South Carolina Lawyers Weekly Staff Myrtle Beach lawyer Franklin G. Daniels has been selected to serve as general counsel and senior vice president for Burroughs & Chapin Company, Inc. Daniels will be responsible for all of...

U.S. Court of Appeals 4th Circuit Case Summaries: October 10, 2005.
October 10, 2005... Byline: South Carolina Lawyers Weekly Staff Contract Mortgage Insurance - Arbitration - FCRA - Equitable Estoppel A mortgage insurance company that is a nonsignatory to the arbitration agreement between the home buyers and the...

S.C. Supreme Court Case Summaries: October 10, 2005.(Mims Amusement Co. v. South Carolina Law Enforcement Division)
October 10, 2005... Byline: South Carolina Lawyers Weekly Staff Civil Forfeiture - Right to Jury Trial - Video Game Machine Where the Circuit Court ruled that the owner of a video game machine seized by law enforcement authorities has a constitutional...

S.C. Court of Appeals Case Summaries: October 10, 2005.(South Carolina)
October 10, 2005... Byline: South Carolina Lawyers Weekly Staff Fraud Failure to Prove Damages - New Corporate Agreement Where the respondent sued the appellant for fraud and various causes of action in connection with an agreement the parties...

S.C. Court of Appeals Unpublished Case Summaries: October 10, 2005.(South Carolina)(Brief Article)
October 10, 2005... Byline: South Carolina Lawyers Weekly Staff Real Property Action to Quiet Title - Statute of Frauds Where the respondent initiated this action to quiet title to property she claimed she purchased from the appellant, who contends...

Administrative Law Judge Division Case Summaries: October 10, 2005.
October 10, 2005... Byline: South Carolina Lawyers Weekly Staff Administrative Refund of Ad Valorem Taxes - Church Where the petitioner Spartanburg County Assessor challenges the decision of the Spartanburg County Board of Assessment Appeals which...

Court of Common Pleas Case Summaries: October 10, 2005.
October 10, 2005... Byline: South Carolina Lawyers Weekly Staff Workers' Compensation Multiple Injuries - Going and Coming Rule - Sole Proprietor Where the appellate panel reversed the single commissioner's findings that the claimant was not entitled...

S.C Court of Appeals upholds punitives against mobile home dealership.
October 17, 2005... Byline: Gregory Froom The Appeals Court has upheld a $300,000 punitive damages award for a Loris woman who purchased a problem-plagued double-wide trailer from a Conway dealership. In an unpublished decision issued Oct. 3, the appeals...

S.C. Supreme Court rules non-compete is not enforcable.(Stonhard Inc. v. Carolina Flooring Specialists Inc.)
October 17, 2005... Byline: Gregory Froom A New Jersey non-compete agreement that lacked a geographical limitation could not be "blue-penciled" and enforced in South Carolina, the Supreme Court has ruled in response to a certified question. The justices...

U.S. District Court awards patient $6M over failure of VA's Charleston hospital to test for cancer.(Mogul v. United States )
October 17, 2005... Byline: Gregory Froom A Lowcountry man has won a $6 million verdict on a federal tort claims suit against the Veterans Administration for its failure to screen him for prostate cancer at the VA's Charleston hospital. The plaintiff had...

S.C. Lawyers In The News: October 17, 2005.(South Carolina )(Kurt M. Rozelsky joins American Bar Association )(Christy Chapman Tyner joins Maxwell Law Firm )(Lydia P. Cowan joins Krawcheck & Davidson LLC )
October 17, 2005... Byline: South Carolina Lawyers Weekly Staff Attorney Kurt M. Rozelsky, a shareholder at the firm of Leatherwood Walker Todd & Mann, P.C., has been selected as vice chairman of the American Bar Association commercial transportation...

Charlotte law firm announces 2005-2006 Minority Scholarship recipients.(Womble Carlyle Sandridge & Rice, PLLC )(Brief Article)
October 17, 2005... Byline: South Carolina Lawyers Weekly Staff Womble Carlyle Sandridge & Rice, PLLC announced late last month that the firm has selected nine law students to receive scholarships from the 2005-2006 Womble Carlyle Scholars Program. The...

Ethics Advisory OpinionCase Summaries: October 17, 2005.(real estate closings)
October 17, 2005... Byline: South Carolina Lawyers Weekly Staff Editor's Note: The Oct. 10 edition of South Carolina Lawyers Weekly contained an incomplete version of Ethics Advisory Opinion 05-16. Lawyers Weekly regrets the error. The full text follows. ...

U.S. Court of Appeals 4th Circuit Case Summaries: October 17, 2005.(D.G. Restaurant Corp. v. City of Myrtle Beach)
October 17, 2005... Byline: South Carolina Lawyers Weekly Staff Civil Rights Town Hall Entertainment - Ban On Dancer A North Carolina town did not violate the First Amendment rights of a woman it banned from attending Friday-night free shows at the...

U.S. C.A. 4th Cir. Unpublished Case Summaries: October 17, 2005.(Sabelhaus v. Derivium Capital)(Brief Article)
October 17, 2005... Byline: South Carolina Lawyers Weekly Staff Arbitration Motion to Confirm Award Where the appellant business appeals a District Court order and judgment granting the motion of the appellees to confirm an arbitration award under 9...

S.C. Supreme Court Case Summaries: October 17, 2005.(Stonhard Inc. v. Carolina Flooring Specialists Inc.)
October 17, 2005... Byline: South Carolina Lawyers Weekly Staff Employment Non- Compete Agreement - Reformation - Geographical Restriction Where we accepted the following question on certification from the United States District Court for the District...

S.C. Court of Appeals Unpublished Case Summaries: October 17, 2005.(Woodham v. Wiley)(Sun Publishing Co. Inc. v. Waccamaw Regional Transportation Authority Inc.)(Tindall v. H and S Homes LLC)
October 17, 2005... Byline: South Carolina Lawyers Weekly Staff Contract Promissory Note - Failure to Perform Where the appellant, who hired the respondent to perform drainage work, was sued by the respondent to enforce a promissory note the...

U.S. District Court Case Summaries: October 17, 2005.(Mogul v. United States)
October 17, 2005... Byline: South Carolina Lawyers Weekly Staff Tort Negligent Medical Treatment - Failure to Diagnose Where the plaintiff sued a medical center for negligence after his doctor failed to diagnose the plaintiff's prostate cancer, the...

Workers' Compensation Court Case Summaries: October 17, 2005.
October 17, 2005... Byline: South Carolina Lawyers Weekly Staff Workers' Compensation Mental Injuries - Unusual and Extraordinary Employment Conditions Where the claimant alleges that, as a result of unusual and extraordinary conditions of employment,...

S.C. Appeals Court rules wife who held life estate could sell family farm, share proceeds.(Blackmon v. Weaver )
October 24, 2005... Byline: Gregory Froom A Darlington County woman received a life estate in her deceased husband's historic farmhouse including the ability to sell her share despite will language that appeared to cut off her interest if she "no longer...

S.C. Appeals court rules counsel could assist magistrate in drafting return after tapes failed.(A&I Inc. v. Gore)
October 24, 2005... Byline: South Carolina Lawyers Weekly Staff A homeowner in an Horry County lawsuit was not prejudiced when counsel for the opposing party helped the magistrate compile the case return that was sent up for appellate review, the Appeals Court...

S.C. Supreme Court rules software buyer's late notice blocked remedies under U.C.C.(Hitachi Electronic Devices (USA) Inc. v. Platinum Technologies Inc.)
October 24, 2005... Byline: Michael Dayton A software buyer who waited a year before rejecting and asking for a refund could not pursue the repair-or-replace remedy in the parties' contract or any common law remedies, the Supreme Court has ruled. The...

New attorneys join S.C. law form of Nelson Mullins; Robbins receives service award.(South Carolina)(Shawn E. Allen and Reid T. Sherard joins Nelson Mullins Riley & Scarborough)(Robert D. Robbins receives award from South Carolina Solicitors Association )
October 24, 2005... Byline: South Carolina Lawyers Weekly Staff Attorneys Shawn E. Allen and Reid T. Sherard have joined the law firm of Nelson Mullins Riley & Scarborough. Allen will practice in the firm's Myrtle Beach office and Sherard will work out of...

Nexsen Pruet attorney inducted into Providence hospitals' Heritage Society.(Brief Article)
October 24, 2005... Byline: South Carolina Lawyers Weekly Staff Attorney William "Al" Pollard, a member of Nexsen Pruet in Columbia, has been inducted into the Heritage Society of Sisters of Charity Providence Hospitals. The society, established in 2003,...

Memorial program honors distinguished members of the South Carolina Bar.(Brief Article)
October 24, 2005... Byline: South Carolina Lawyers Weekly Staff Distinguished past members of the South Carolina Bar were memorialized at the annual Memory Hold the Door ceremony Oct. 19 at the University of South Carolina School of Law. This year's...

Commentary: Disqualifying employees from unemployment compensation benefits for failing drug test.
October 24, 2005... Byline: J. HAGOOD TIGHE and RICHELE K. TAYLOR Employers are now required to prove that employee drug tests comply with specific drug-testing procedures before the Employment Security Commission will disqualify a terminated employee from...

Commentary: S.C. case shows importance of employee handbooks being in compliance with 2004 law.(Tri-County Sister Help Inc)
October 24, 2005... Byline: MARY L. HUGHES and BRIAN CLARKE The South Carolina Supreme Court ruled on July 18, 2005, that an employer's general statement of non-discrimination in its employee handbook is not sufficient to create a contract between the employer...

Commentary: Federal appeals court rejects private releases of FMLA claims.(Family and Medical Leave Act )
October 24, 2005... Byline: DAVID DUBBERLY and BRIAN CLARKE Employers routinely ask employees to sign general releases of potential claims in exchange for severance packages or to resolve employment-related disputes. However, a recent decision from the U.S....

S.C. Supreme Court Case Summaries: October 24, 2005.(Hitachi Electronic Devices, Inc. v. Platinum Technologies, Inc.)
October 24, 2005... Byline: South Carolina Lawyers Weekly Staff Contract Breach - Sales of Goods - Acceptance - Seasonable Notice of Breach Where the petitioner sellers sold goods to the respondent buyer, who returned the goods to the seller claiming...

S.C. Court of Appeals Case Summaries: October 24, 2005.(A & I Inc. v. Gore)(State v. Washington)(Browning v. Browning )
October 24, 2005... Byline: South Carolina Lawyers Weekly Staff Civil Procedure Water Problems - Magistrate's Return - Preparation Where the appellant argues the Circuit Court erred in failing to reverse the magistrate and order a new trial because...

S.C. Court of Appeals Unpublished Case Summaries: October 24, 2005.(State v. Cordle)(State v. Cunningham)(Clayton v. Clayton )
October 24, 2005... Byline: South Carolina Lawyers Weekly Staff Criminal Failure to Stop for Blue Light - Improper Jury Charge Where the appellant argues that the Circuit Court's jury instruction regarding reasonable doubt unconstitutionally shifted...

S.C. Court of Appeals Unpublished Case Summaries: October 31, 2005.(South Carolina)(State Capital Insurance Co. v. Forrest )
October 31, 2005... Byline: South Carolina Lawyers Weekly Staff Insurance Negligence - Defamation - Occurrences Where Mr. Smith sued the respondents for negligence and defamation after the respondents collided with Smith's boat, killing his son, and...

Doctor wins arbitration award in dispute over bonus, non-compete.
October 31, 2005... Byline: Gregory Froom A Mount Pleasant radiologist has won a $476,369 arbitration award in an employment dispute with the medical group where he used to practice. The award, which was issued Sept. 28, was based on bonuses that DISC...

Successor's exposure in products liability case same as for debts.
October 31, 2005... Byline: Gregory Froom An 81-year-old case serves as the guide for determining a successor company's exposure to a products liability suit over a scissorlift that collapsed and injured a worker, the S.C. Supreme Court said in response to a...

Former mill worker gets comp benefits for brown lung disease.(Greenwood Mills Inc.)
October 31, 2005... Byline: Michael Dayton A cotton mill employee who left his job in 1998, then learned three years later that he had "brown lung" disease, timely filed for workers' compensation benefits in February 2002, the Appeals Court has ruled. ...

Merl Code joins Ogletree Deakins; two New ssociates hire on.(Merl F. Code, Charlotte M. Osmer and Alexander D. Paterra joins Ogletree, Deakins, Nash, Smoak & Stewart)
October 31, 2005... Byline: South Carolina Lawyers Weekly Staff Greenville attorney and entrepreneur Merl F. Code is joining Ogletree, Deakins, Nash, Smoak & Stewart, P.C. in an of counsel position. Code will concentrate his practice in the areas of positive...

USC School of Law Alumni Association recognizes Joel W. Collins Jr.(University of South Carolina )
October 31, 2005... Byline: South Carolina Lawyers Weekly Staff Attorney Joel W. Collins Jr., founding partner of the firm Collins & Lacy, P.C., is one of three attorneys to receive the Platinum Compleat Lawyer Award given by the University of South Carolina...

U.S. Court of Appeals 4th Circuit Case Summaries: October 31, 2005.(Hatfill v. The New York Times Co)
October 31, 2005... Byline: South Carolina Lawyers Weekly Staff Tort Defamation - Emotional Distress - Anthrax Accusation The 4th Circuit denies a petition for rehearing and/or rehearing en banc in this case, in which the panel held on July 28, 2005...

S.C. Supreme Court Case Summaries: October 31, 2005.
October 31, 2005... Byline: South Carolina Lawyers Weekly Staff Attorney Disciplinary Matter Admitted Misconduct - Public Reprimand Where the respondent admitted misconduct for various actions, including failing to comply with the terms and conditions...

S.C. Court of Appeals Case Summaries: October 31, 2005.(Brown v. Greenwood Mills, Inc)(South Carolina )
October 31, 2005... Byline: South Carolina Lawyers Weekly Staff Workers' Compensation Occupational Lung Disease - Cotton Dust - Smoking - Allocation Where the Workers' Compensation Commission affirmed the order of the single commissioner awarding...