South Carolina Lawyers Weekly articles from October 2006

South Carolina Lawyers Weekly archives from October 2006

S.C. Court of Appeals Case Summaries: October 2, 2006.
October 2, 2006... Byline: South Carolina Lawyers Weekly Staff Criminal Assault With Intent To Commit Sexual Conduct - Jury Charge Where the appellant, who was convicted of assault with intent to commit first-degree sexual conduct, argues the trial...

S.C. Court of Appeals Unpublished Case Summaries: October 2, 2006.
October 2, 2006... Byline: South Carolina Lawyers Weekly Staff Employment Retaliatory Discharge - Workers' Compensation Claim Where the appellant deputy sued the respondent sheriff, alleging the sheriff discharged him in retaliation for filing a...

S.C. Supreme Court Case Summaries: October 2, 2006.
October 2, 2006... Byline: South Carolina Lawyers Weekly Staff Employment Physician- Owned Physical Therapy Service - Referrals Where the appellants, who are physicians and physical therapists, sought a declaratory judgment that a physician may...

U.S. Court of Appeals 4th Circuit Case Summaries: October 2, 2006.
October 2, 2006... Byline: South Carolina Lawyers Weekly Staff Civil Rights Trespass To Land - Trail Map - Prosecution Of Owner A property owner who alleged that defendant Rivanna Trails Foundation published a map showing a public trail across her...

Womble Carlyle lawyers from firm's Greenville office named in 'Best Lawyers In America.'(Womble Carlyle Sandridge and Rice)(Brief article)
October 2, 2006... Byline: South Carolina Lawyers Weekly Staff Womble Carlyle Sandridge & Rice, PLLC has announced that seven attorneys from the firm's Greenville office have again ranked highly on Woodward/White Inc.'s "Best Lawyers in America" rankings....

South Carolina Lawyers in the News: October 2, 2006.(Rogers Townsend and Thomas moves to new headquarters)(Bennett Crites joins McAngus Goudelock & Courie LLC)(Brief article)
October 2, 2006... Byline: South Carolina Lawyers Weekly Staff Crites Hires On With McAngus Goudelock & Courie, LLC Attorney Bennett Crites has joined McAngus Goudelock & Courie, LLC's Charleston office. Crites' practice focuses on general liability...

SC Supreme Court grants trial to woman injured on uneven sidewalk on issue of town's liability.(Vaughan v. Town of Lyman)
October 2, 2006... Byline: Gregory Froom A woman who tripped and fell on an uneven Lyman sidewalk has had her common law negligence claim against the town revived by the Supreme Court. In a Sept. 25 ruling, the justices said the trial court erred when...

SC Court of Appeals rules against woman's unfair trade practice claim over high mortgage payment.(Washington Mutual Bank FA v. Hiott)
October 2, 2006... Byline: Michael Dayton A woman who found herself saddled with a mortgage payment nearly equal to her monthly income has lost in her bid to hold the lending bank liable for an unfair trade practice. The weakness in the woman's legal...

SC Appeals Court rules Wal-Mart cashier cannot recover workers' comp for injury on break.(Sabb v. Wal-Mart Stores Inc.)
October 2, 2006... Byline: Gregory Froom A Midlands Wal-Mart cashier could not recover workers' comp benefits for a lunchtime slip-and-fall injury -- even though she remained in the store during her break when the accident happened, the Appeals Court has...

SC Appeals Court denies unemployment benefits despite business owner's lack of salary.(McEachern v. South Carolina. Employment Security Commission)
October 2, 2006... Byline: Gregory Froom The owner of a Port Royal roofing company could not draw unemployment benefits when a business slump forced him to cut off his salary, the Appeals Court ruled Sept. 25. The reason: the claimant still put in up to...

General statement to human resources may put employer on notice of sexual harassment by co-worker.(Stephanie Howard v. Randy McCall)(Case overview)
October 9, 2006... Byline: David E. Dubberly and Andrew P. Dennis In Howard v. Winter, the U.S. Court of Appeals for the Fourth Circuit -- the federal Appeals Court with jurisdiction over the Carolinas -- recently determined that an employee's conversation...

S.C. Lawyers in the News: October 9, 2006.(South Carolina)(L. Franklin Elmore from Elmore and Wall receives award)(J. Marshall Allen, Charles J. Baker III and Henry E. Grimball from Buist Moore Smythe McGee receives award)(John R. Thomas and Randy E. Fisher from Thomas and Fisher, P.A receives award)(Brief article)
October 9, 2006... Byline: South Carolina Lawyers Weekly Staff L. Franklin "Frank" Elmore has been selected for inclusion in the 2007 edition of "Best Lawyers in America." Elmore, a co-founder of the regional Carolinas law firm, Elmore & Wall, P.A works in...

S.C. Lawyers in the News: October 9, 2006.(South Carolina)(Peter B. Murphy and John T. Merrell joins Ogletree, Deakins, Nash, Smoak and Stewart)(Todd M. Ericsson, Mark Bourdon and Ravi Sanyal joins Clawson and Staubes)(Richard S. Dukes joins Turner, Padget, Graham and Laney)
October 9, 2006... Byline: South Carolina Lawyers Weekly Staff Ogletree Deakins Adds Two Attorneys To Greenville Office Ogletree, Deakins, Nash, Smoak & Stewart, P.C., has added Peter B. Murphy and John T. Merrell to the firm's Greenville office. Both...

S.C. worker gets benefits for tick bite.(South Carolina)(Wood v. Canal Wood, LLC and Liberty Mut. Ins. Co.)(workers compensation case)(Case overview)
October 9, 2006... Byline: Gregory Froom A Greenwood man who worked in the timber business has been awarded comp benefits for Lyme disease -- despite his employer's arguments that the illness doesn't arise in South Carolina, according to a Sept. 19 order...

Intoxication defense fails despite discovery of pot on claimant.(Duran v. Mossy Oaks Construction)(workers compensation case)(Case overview)
October 9, 2006... Byline: Gregory Froom A Colleton County carpenter was entitled to workers' comp benefits for a workplace fall even though he had a marijuana cigarette on him, according to a Sept. 28 ruling from the full commission. The appellate panel...

No comp for Greenville County prison guard injured while shooting hoops with inmates.(King v. County of Greenville)(denial of workers compensation case)(Case overview)
October 9, 2006... Byline: Grgory Froom A Greenville County prison guard could not recover comp benefits after he injured his foot while playing basketball with inmates, the full commission has ruled in a 2-1 decision. The appellate panel upheld the...

S.C. Court of Appeals Case Summaries: October 9, 2006.(South Carolina)(Robinson v. City of Columbia )(workers' compensation case)(Case overview)
October 9, 2006... Byline: South Carolina Lawyers Weekly Staff Workers' Compensation Change Of Condition - Fraud - Impairment Where the city argues that: (1) the award should be set aside because the respondent had no impairment and had committed...

S.C. Supreme Court Case Summaries: October 9, 2006.
October 9, 2006... Byline: South Carolina Lawyers Weekly Staff Real Property Conveyance Of Excess Easement Capacity - Fiber Optics Where the appellant landowners sued SCE&G, claiming SCE&G's conveyance of excess capacity on its fiber optic cables...

U.S. Court of Appeals 4th Circuit Case Summaries: October 9, 2006.(Howard Delivery Service Inc. v. Zurich American Ins. Co)(unpaid workers' compensation insurance case)(Brief article)
October 9, 2006... Byline: South Carolina Lawyers Weekly Staff Bankruptcy Unpaid Workers' Comp Premiums - Priority Claim - Ch. 11 In our opinion of March 24, 2005 , we held that Zurich American's claim for unpaid workers' compensation insurance...

Workers' Compensation Case Summaries: October 9, 2006.(Wood v. Canal Wood, LLC)(Duran v. Mossy Oaks Construction )(King v. County of Greenville )
October 9, 2006... Byline: South Carolina Lawyers Weekly Staff Workers' Compensation Lyme Disease - Occupational Disease Where the claimant alleged he contracted an occupational disease, Lyme disease while worked as a timber buyer/field man for the...

South Carolina Lawyers in the News: October 16, 2006.(John G. Roberts Jr. speaks at law school)(Robert C. Calamari from Nelson Mullins Riley and Scarborough receives certification as mediator)(Brief article)
October 16, 2006... Byline: South Carolina Lawyers Weekly Staff Chief Justice To Speak At Charleston School Of Law Chief Justice of the U.S. Supreme Court, John G. Roberts Jr., will speak Oct. 20 to Charleston School of Law students and area lawyers at...

'Best Lawyers in America' selects 17 from Wyche Burgess Freeman & Parham.(Brief article)
October 16, 2006... Byline: South Carolina Lawyers Weekly Staff More than two-thirds of the members of Wyche Burgess Freeman & Parham law firm have been selected for inclusion in the 2007 edition of "Best Lawyers In America." The attorneys listed include:...

Supreme Court hears arguments on whether a lawyer must handle disbursement of funds.(Doe Law Firm v. Richardson and McMaster)
October 16, 2006... Byline: Gregory Froom Justices consider whether refinancing, HELOC proceeds are required to pass through an attorney's trust account. Are the proceeds of a real estate refinancing or a home equity line of credit required to be paid out...

Plaintiff's IIED claim not barred by Workers' Compensation Act.(intentional infliction of emotional distress)
October 16, 2006... Byline: Gregory Froom A man who was fired from a Myrtle Beach restaurant could pursue an intentional infliction of emotional distress claim against his former employer, the Florence Division of the U.S. District Court ruled late last...

Court upholds lifetime workers' comp benefits for incomplete paraplegic.
October 16, 2006... Byline: Gregory Froom A former Clemson University clerical employee who fell and injured herself at work could recover lifetime disability benefits for paraplegia -- even though she still had partial use of her lower body, the Appeals...

Pictures Telling Stories.
October 16, 2006... Byline: Dick Dahl In May of this year, jurors in a federal courthouse in eastern Louisiana were asked to watch and listen as the image of a hospital risk manager appeared on the court's huge video screen. It was a key moment in a trial...

S.C. Court of Appeals Case Summaries: October 16, 2006.
October 16, 2006... Byline: South Carolina Lawyers Weekly Staff Civil Practice Construction Law - Mechanic's Lien - Attorney's Fees Where the respondent developer was successful in its motion for summary judgment dissolving the supplier's mechanic's...

U.S. Court of Appeals 4th Circuit Case Summaries: October 16, 2006.
October 16, 2006... Byline: South Carolina Lawyers Weekly Staff Admiralty Maritime Lien - Fuel Delivery - English Law A South Carolina district court did not err in holding that a dispute between a vessel and an oil supplier over delivery of...

U.S. District Court Case Summaries: October 16, 2006.
October 16, 2006... Byline: South Carolina Lawyers Weekly Staff Employment Discrimination - Wrongful Termination - Emotional Distress Where the plaintiff employee sued his employer for various causes of action including intentional infliction of...

U.S. Court of Appeals 4th Circuit Case Summaries: October 23, 2006.
October 23, 2006... Byline: South Carolina Lawyers Weekly Staff Civil Procedure Appeals - Abatement - Insurance Claim In this lawsuit by a workers' compensation self-insurance program for governmental entities against the City of Gastonia, N.C. over...

U.S. District Court Case Summaries: October 23, 2006.
October 23, 2006... Byline: South Carolina Lawyers Weekly Staff Bankruptcy Bankruptcy Abuse Prevention and Consumer Prevention Act Of 2005 Where the appellant argues the BAPCPA prevented her attorney from providing specific advice about her bankruptcy...

SC Workers' Compensation Court Case Summaries: October 23, 2006.(Mullen v. Beaufort County School District )(South Carolina )
October 23, 2006... Byline: South Carolina Lawyers Weekly Staff Workers' Compensation Mold - Aspergillus - Lung Injury Where the claimant school teacher alleges she was injured due to exposure to mold in her classroom, the appellate panel reversed the...

SC Lawyers in the News: October 23, 2006.(South Carolina)(L. Franklin Elmore serves at American Bar Association Forum Committee)(lawyers from McAngus Goudelock and Courie LLC are honored)
October 23, 2006... Byline: South Carolina Lawyers Weekly Staff Elmore Co-Chairs ABA Construction Forum Committee Attorney L. Franklin Elmore of the Greenville office of Elmore & Wall, P.A. served as the co-chair of the American Bar Association Forum...

Richardson Plowden transforms old warehouse into state-of-the-art legal office.(Richardson, Plowden, Carpenter and Robinson, P.A.)
October 23, 2006... Byline: South Carolina Lawyers Weekly Staff One spring day in 2005, Frank Robinson had a little time between meetings and decided to drive through the old mixed-use commercial district next to the South Carolina Department of Mental Health...

SC Court of Appeals rules lawyer gets only contingency amount despite hourly fee deal.(South Carolina)(Tillman v. Grant )
October 23, 2006... Byline: Michael Dayton Even though a client was contractually obligated to pay his lawyer under an hourly rate, the trial court did not abuse its discretion by approving a lower contingency fee, the Court of Appeals has ruled. The...

SC Appeals Court strikes transfer of marital home to wife.(South Carolina)
October 23, 2006... Byline: Gregory Froom The Appeals Court has set aside the conveyance of a Dorchester County man's one-half interest in his marital home to his then-wife for lack of consideration. In an Oct. 16 opinion the appeals panel said that the...

SC Supreme Court rules no UIM benefits under company policy.(South Carolina)(Howell v. U.S. Fidelity and Guaranty Ins. Co)(underinsured motorist coverage)
October 23, 2006... Byline: Gregory Froom A pizza delivery driver could not reform his employer's policy to provide UIM benefits up to the policy's limits -- even though the insurance company never offered the coverage, the Supreme Court has ruled in response...

SC Appeals Court rules foreclosure winner cannot get back taxes paid out of excess.(J. Derrick Jackson on tax liens)
October 23, 2006... Byline: Gregory Froom The winning bidder at the foreclosure auction of a piece of Lake Murray real estate could not require $230,000 in back taxes to be paid out of excess proceeds from the sale despite a statute that would have allowed...

S.C. Court of Appeals Case Summaries: October 23, 2006.
October 23, 2006... Byline: South Carolina Lawyers Weekly Staff Domestic Relations Surviving Spouse Benefits - Retirement Plan - Waiver Where the appellant Wife II, individually and in her capacity as personal representative of the estate of her...

S.C. Court of Appeals Unpublished Case Summaries: October 23, 2006.
October 23, 2006... Byline: South Carolina Lawyers Weekly Staff Contract Attorney's Fees - Hourly Rate - Contingency Fee Where the appellant sued his former client to recover attorney's fees under a fee agreement, the trial court properly found the...

S.C. Supreme Court Case Summaries: October 23, 2006.
October 23, 2006... Byline: South Carolina Lawyers Weekly Staff Attorney Disciplinary Matter Billing Overcharges - Insurance Carrier - Admitted Misconduct Where the respondent admitted misconduct for overbilling an insurance carrier, we accept the...

S.C. Lawyers in the News: October 30, 2006.
October 30, 2006... Byline: South Carolina Lawyers Weekly Staff William Bobo Re-Elected To USC Board Of Visitors William Bobo Jr., a partner in the Charleston office of Nelson Mullins Riley & Scarborough LLP, has been re-elected to a two-year term on the...

Supreme Court rules no bad faith motive needed to impute income to parent in child support case.
October 30, 2006... Byline: Michael Dayton A bad faith motive is not a prerequisite to showing voluntary underemployment when imputing income to a parent in a child support case, the Supreme Court has ruled. The case is Arnal v. Arnal (South Carolina...

S.C. Court of Appeals Case Summaries: October 30, 2006.(South Carolina)
October 30, 2006... Byline: South Carolina Lawyers Weekly Staff Criminal Marijuana Possession - Suppression Of Evidence Where the Circuit Court determined the appellant's guilty plea to breach of the peace in magistrate court precluded him from...