South Carolina Lawyers Weekly articles from October 2007

South Carolina Lawyers Weekly archives from October 2007

S.C. Lawyers in the News: October 1, 2007.(South Carolina)
October 1, 2007... Byline: South Carolina Lawyers Weekly Staff Wolfe resumes South Carolina-focused practice Nelson Mullins Riley & Scarborough partner George B. Wolfe has returned to Columbia to resume full-time his South Carolina-focused practice after...

Boss' suggestion of retirement, Social Security didn't support ADEA claim, rules S.C. District Court.(Age Discrimination in Employment Act; South Carolina)
October 1, 2007... Byline: Gregory Froom An Aiken man cannot recover for age discrimination after he was fired from his job of 20 years, even though his boss told him it was time to retire and collect Social Security, the District Court has ruled. In a...

S.C. Supreme Court grants cert on license suspension in DUI case.(South Carolina; driving under the influence)
October 1, 2007... Byline: Gregory Froom The state Supreme Court will hear the appeal of a DUI suspect whose license was suspended despite the fact he neither read nor signed an implied consent form before refusing a blood test. The high court granted...

Medicaid claimant has private cause of action under Sect. 1983, rules 4th Circuit.
October 1, 2007... Byline: Gregory Froom A Midlands woman with developmental disabilities could bring a private cause of action against state agencies for failing to promptly provide her services, the Fourth Circuit has ruled in an apparent first-impression...

Northern Virginia condo buyers, facing slower market, stuck with investments.
October 1, 2007... Byline: Alan Cooper, Dolan Media Newswires Some condominium purchasers in Northern Virginia, especially those who bought the condos as investments, are trying to get out of their contracts by contending that they violate the federal...

New practices bloom from subprime loan mess.
October 1, 2007... Byline: Kimberly Atkins, Dolan Media Newswires The mortgage industry bust — caused largely by the surge in high-risk loan foreclosures — has spurred a boom in another area: New law firm practice groups focused on subprime...

Real estate appraisers face mounting pressure.(survey by October Research)
October 1, 2007... Byline: Becky Hurley, Dolan Media Newswires The last few years have been tough on real estate appraisers. In a recent survey conducted by October Research and underwritten by the country's largest appraisal company, Forsythe Appraisal...

S.C. Supreme Court Case Summaries: October 1, 2007.
October 1, 2007... Byline: South Carolina Lawyers Weekly Staff Certiorari Petition - Improvidently Granted A petition for a writ of certiorari was dismissed as improvidently granted, the Supreme Court ruled in SCDSS Child Support Enforcement v....

U.S. Court of Appeals 4th Circuit Case Summaries: October 1, 2007.(Case overview)
October 1, 2007... Byline: South Carolina Lawyers Weekly Staff Administrative Medicaid - Reasonable Promptness - Sect. 1983 A District Court erred in holding that a disabled claimant's application for Medicaid services was moot and the case is...

U.S. District Court for District of S.C. Case Summaries: October 1, 2007.(South Carolina)
October 1, 2007... Byline: South Carolina Lawyers Weekly Staff Employment Termination - Age Discrimination In Employment Act An employer who told a terminated employee that he was "old enough and could start drawing Social Security" did not violate...

Man wins verdict in fraud suit in U.S. District Court of S.C. over sale of dealership.(Maron Isom)
October 8, 2007... Byline: Gregory Froom Ford Motor Credit has been hit with a $165,000 verdict in a federal suit over misrepresentations the company made to a man who tried to buy a failing Cheraw dealership. The plaintiff claimed that Ford Credit...

S.C. Court of Appeals Case Summaries: October 8, 2007.(South Carolina)
October 8, 2007... Byline: South Carolina Lawyers Weekly Staff Insurance Automobile Accident - Uninsured Motorist - Insurable Interest The trial court improperly held the insurable interest requirement for liability insurance was irrelevant when...

S.C. Court of Appeals Unpublished Case Summaries: October 8, 2007.(South Carolina)
October 8, 2007... Byline: South Carolina Lawyers Weekly Staff Domestic Relations Divorce - Marital Home Valuation The Family Court properly adopted the lowest suggested sales price in the comparative market analysis of the marital home rather than...

U.S. Court of Appeals 4th Circuit Case Summaries: October 8, 2007.
October 8, 2007... Byline: South Carolina Lawyers Weekly Staff Admiralty Jury Trial - Mandamus The 4th Circuit issues a writ of mandamus in this admiralty case, In re Lockheed Martin Corp. (Lawyers Weekly No. 001-161-07) (13 pages), directing the...

U.S. District Court Case Summaries: October 8, 2007.
October 8, 2007... Byline: South Carolina Lawyers Weekly Staff Employment Termination - Discrimination - Retaliation A woman claiming that she was discharged in retaliation for having opposed an unlawful employment practice cannot maintain her claim...

S.C. Lawyers in the News: October 8, 2007.(South Carolina)
October 8, 2007... Byline: South Carolina Lawyers Weekly Staff USC student's law review note cited by La. Supreme Court The Louisiana Supreme Court recently cited University of South Carolina law student Ashley M. Kearns' student note, "South Carolina's...

S.C. COA rules double hip replacement entitled comp claimant to total permanent disability.(South Carolina Court of Appeals)
October 8, 2007... Byline: Gregory Froom A Myrtle Beach exterminator who had both hips replaced after he contracted a bone disease from breathing chemical fumes was permanently and totally disabled, even though his injury didn't raise a presumption of...

S.C. Court of Appeals rules UM benefits depend on policyholder's insurable interest.(South Carolina on uninsured motorists)
October 8, 2007... Byline: Gregory Froom The availability of uninsured motorist benefits in a Lexington County crash pivoted on whether the policyholder had an insurable interest in the vehicle involved, the Court of Appeals ruled Sept. 26. The case...

Commentary: 'Mama's cooking' causes courtroom commotion.(Your Mama's Restaurant)(Brief article)
October 8, 2007... Byline: Charles Krawczyk My first appearance before a judge: I was asked by a partner to handle a dispossessory hearing in Atlanta. We represented a strip mall owner. One of the tenants had failed to pay rent. The name of the tenant was...

Do vaccinations cause autism? Federal cases examine the issue.
October 8, 2007... Byline: Dick Dahl For the first year of his life, Yates Hazelhurst was a normal boy. But then his parents took him to the doctor's office for a series of routine vaccinations, and shortly thereafter Yates began changing into something...

S.C. Lawyers in the News: October 15, 2007.(South Carolina)
October 15, 2007... Byline: South Carolina Lawyers Weekly Staff Lawyers nominated to founding class of ULI South Carolina Center for Sustainable Leadership Nexsen Pruet's Leighton Lord and Neil Robinson have been nominated as founding class members of the...

Texas real estate firm hit for $1.3M over flooded property.
October 15, 2007... Byline: Justin Rebello A Texas jury has awarded $1.3 million to a pair of homeowners who purchased property that was subject to major flood damage despite claims from their real estate company that the area was not located in a flood zone....

Tech Roundup: Products that win cases and increase efficiency in your office.
October 15, 2007... Byline: Dick Dahl In this issue's tech roundup, Lawyers Weekly takes looks at microscopes in the courtroom, software to remind partners about the importance of client development and a highly efficient digital dictation system for law...

Supreme Court of S.C. Re: Revised Business Court pilot program.(South Carolina)
October 15, 2007... Byline: South Carolina Lawyers Weekly Staff Editor's note: The Supreme Court has issued a revised order that differs from the one published in the Sept. 17 issue of South Carolina Lawyers Weekly. The key changes are found in Sect. 8 and...

S.C. Court of Appeals rules higher housing density than allowed under zoning approved by court.(South Carolina)
October 15, 2007... Byline: Gregory Froom A tract of Edisto Island land was properly rezoned as part of a planned development, even though it cleared the way for more houses than were allowed under county regulations, the Court of Appeals ruled Oct. 4. ...

S.C. Court of Appeals awards man for fall after knee gave way, despite recent pain in the joint.(South Carolina)
October 15, 2007... Byline: Gregory Froom Even though a Santee Cooper employee was diagnosed with knee problems just three days before a workplace accident, he could still recover comp benefits when his knee went out and caused him to fall backwards off a...

U.S. 4th Circuit Court of Appeals rules 'actual charges' was an ambiguous term in insurance policy.
October 15, 2007... Byline: Gregory Froom A South Carolina woman could proceed with her claim that an insurance company shortchanged her on benefits under a supplemental cancer policy, the U.S. Fourth Circuit Court of Appeals has ruled in an unpublished...

S.C. Court of Appeals Case Summaries: October 15, 2007.(South Carolina Court of Appeals)
October 15, 2007... Byline: South Carolina Lawyers Weekly Staff Criminal PCR - Ineffective Assistance Of Counsel - Doyle Violation The petitioner's trial counsel was not ineffective for failing to make certain objections because the record does not...

S.C. Court of Appeals Unpublished Case Summaries: October 15, 2007.
October 15, 2007... Byline: South Carolina Lawyers Weekly Staff Workers' Compensation Previous Diagnosis - Knee Injury - Permanent Total Disability A worker who was injured when his knee went out can recover benefits despite having been diagnosed with...

S.C. Supreme Court Case Summaries: October 15, 2007.(South Carolina Supreme Court)
October 15, 2007... Byline: South Carolina Lawyers Weekly Staff Attorney Disciplinary Matter Misuse Of Trust Account Funds - Default - Disbarment An attorney who committed misconduct in eight different matters is disbarred from the practice of law in...

U.S. Court of Appeals 4th Circuit Case Summaries: October 15, 2007.
October 15, 2007... Byline: South Carolina Lawyers Weekly Staff Insurance Supplemental Policy - 'Actual Charges' - Ambiguity The District Court improperly granted summary judgment to an insurer who refused to pay the full amount of benefits allegedly...

S.C. Workers' Compensation Comm. rules company's control made trucker an employee for comp purposes.(South Carolina Workers' Compensation Commission)
October 22, 2007... Byline: Gregory Froom A driver for a Chesnee-based trucking company could get comp benefits as an employee, even though he drove under an independent contractor agreement, the Workers' Compensation Commission has ruled. The company's...

S.C. Court of Appeals rules back child support had to be paid despite no finding of contempt.(South Carolina Court of Appeals)
October 22, 2007... Byline: Gregory Froom An Upstate mother who unilaterally reduced her child support payments when her daughter graduated from high school must pay arrearages to her ex-husband, even though she was not found in contempt, the Court of Appeals...

Fall assignment for U.S. colleges: Privacy laws 101.
October 22, 2007... Byline: Nora Lockwood Tooher Jolted by the Virginia Tech shootings in April and a state panel's recent report critiquing the university's response, colleges are re-examining how to deal with troubled students, while maintaining students'...

S.C. Court of Appeals Case Summaries: October 22, 2007.(South Carolina Court of Appeals)
October 22, 2007... Byline: South Carolina Lawyers Weekly Staff Criminal PCR Applicant - Sanctions - Rule 11 A PCR court has authority to issue Rule 11 sanctions against a PCR applicant based on the plain language of the Uniform Post-Conviction...

S.C. Court of Appeals Unpublished Case Summaries: October 22, 2007.(South Carolina Court of Appeals)
October 22, 2007... Byline: South Carolina Lawyers Weekly Staff Contract Employment - Covenant Not To Compete - General Verdict In an employment contract dispute, the Circuit Court need not address the issues raised regarding modification since the...

U.S. Court of Appeals 4th Circuit Case Summaries: October 22, 2007.
October 22, 2007... Byline: South Carolina Lawyers Weekly Staff Antitrust Antitrust Standing - Consumer & Competitor Rule - Tolling In these cross-appeals from interlocutory orders in an antitrust action against Microsoft by Novell Inc., the owner of...

S.C. Workers' Compensation Court Case Summaries: October 22, 2007.(South Carolina Workers' Compensation Court)
October 22, 2007... Byline: South Carolina Lawyers Weekly Staff Workers' Compensation Truck Driver - Independent Contractor - Control A truck driver injured on the job was an employee rather than an independent contractor since the employer possessed...

S.C Lawyers in the News: October 22, 2007.(South Carolina)
October 22, 2007... Byline: South Carolina Lawyers Weekly Staff Briefly A number of Nelson Mullins Riley & Scarborough LLP attorneys have been selected for inclusion in the 2008 edition of "Best Lawyers in America." The Charleston attorneys listed are:...

School bus maker settles Williamsburg County school bus driver's claim for $3.5M.
October 22, 2007... Byline: Gregory Froom A Williamsburg County school bus driver has received a $3.5 million mediated settlement after she was severely burned when an exposed heater hose burst and spewed hot coolant onto her chest, abdomen and legs while she...

S.C. Lawyers in the News: October 29, 2007.(South Carolina)
October 29, 2007... Byline: South Carolina Lawyers Weekly Staff Lee joins law firm of Dobson, Jones, Ball, Phillips & Bridges Adam Glenn Lee has joined the firm of Dobson, Jones, Ball, Phillips & Bridges, P.A., as an associate attorney. Lee is a 2007...

S.C. Court of Appeals rules dealership's new owners did not have to honor car warranty.(South Carolina Court of Appeals)
October 29, 2007... Byline: Gregory Froom The new owners of a Rock Hill dealership did not have to make good on an extended warranty for a man who bought a used car there just months before the business changed hands, the Court of Appeals ruled Oct. 19. ...

U.S. District Court rules against homeowners' in suit over mold remediation.
October 29, 2007... Byline: Gregory Froom Owners of a York County home could not recover on claims that a contractor botched a mold-remediation project in their guest suite and caused flooding elsewhere in the house, the U.S. District Court has ruled. In...

Fourth Circuit Court unravels yarn antitrust litigation over price fixing.(United States Court of Appeals for the 4th Circuit)
October 29, 2007... Byline: Guy Loranger Arbitration clauses in written confirmations from yarn manufacturers to buyers -- including South Carolina companies -- were enforceable, even though the parties did not discuss arbitration when they made oral...

Commentary: Chatting with a justice.(U.S. Supreme Court Justice Ruth Bader Ginsburg)
October 29, 2007... Byline: South Carolina Lawyers Weekly Staff Ginsburg talks to female lawyers in the Carolinas about women's impact at the United States Supreme Court U.S. Supreme Court Justice Ruth Bader Ginsburg -- arguably the most powerful woman...

Commentary: Legal Lore.
October 29, 2007... Byline: Edward M. Woodward Jr. This may have occurred even before I was licensed while clerking. The state of South Carolina divorce law was fault or three years continuous separation. People in a greater hurry than state law allowed were...

Commentary: Communication key to brownfields redevelopment success.
October 29, 2007... Byline: Gerald l. Kirkpatrick Brownfield redevelopment projects and sale agreement negotiations are becoming more complex and as that level of complexity expands, communications among the transaction support team has become critical. ...

Commentary: Surviving the credit crunch: Is it real?
October 29, 2007... Byline: Joe Monteleone Borrowing money is becoming more expensive. The unrest in the housing and mortgage markets and subsequent credit crunch are finally touching commercial lending across the country and locally. Commercial real...

S.C. Court of Appeals Case Summaries: October 29, 2007.(South Carolina Court of Appeals)
October 29, 2007... Byline: South Carolina Lawyers Weekly Staff Contract Automobile Purchase - Warranty - Successor Liability A car owner's breach-of-contract claim for a dealership's refusal to honor his warranty contract fails since there were no...

S.C. Court of Appeals Unpublished Case Summaries: October 29, 2007.(South Carolina Court of Appeals)(Brief article)
October 29, 2007... Byline: South Carolina Lawyers Weekly Staff Domestic Relations Divorce - Equitable Distribution Although the Family Court addressed the apportionment factors under S.C. Code Sect. 20-7-472 with sufficiency to indicate the court's...

S.C. Supreme Court Case Summaries: October 29, 2007.(South Carolina Supreme Court)
October 29, 2007... Byline: South Carolina Lawyers Weekly Staff Attorney Disciplinary Matter Inadequate Bookkeeping Procedures - Definite Suspension An attorney who admitted misconduct for failing to maintain adequate bookkeeping or accounting...

U.S. Court of Appeals 4th Circuit Case Summaries: October 29, 2007.(United States Court of Appeals for the 4th Circuit)
October 29, 2007... Byline: South Carolina Lawyers Weekly Staff Civil Rights Municipal - Contract Impairment - Indian Tribe A city ordinance enacted in 2003 by the defendant City of Rock Hill, imposing water and wastewater impact fees, does not impair...

U.S. District Court Case Summaries: October 29, 2007.
October 29, 2007... Byline: South Carolina Lawyers Weekly Staff Contract Mold Remediation - Duty To Repair A homeowner's breach-of-contract claim for damages sustained during a mold remediation fails since the mold removal company's duty was to clean...