South Carolina Lawyers Weekly articles from October 2008

South Carolina Lawyers Weekly archives from October 2008

Commentary: Battle Zone: A few observations from the opinions editor.
October 6, 2008... Byline: Bess Battle This week was somewhat busier, with one published Supreme Court decision and four published opinions from the Court of Appeals. This week, I again went outside the published opinions' box to discuss an interesting...

S.C. Lawyers in the News: October 6, 2008.
October 6, 2008... Byline: South Carolina Lawyers Weekly Staff Briefly Leighton Lord, board chairman for Nexsen Pruet, recently created a community service program for children in partnership with Big Brothers Big Sisters of Greater Columbia. Called...

Constitutionality of new motorcycle laws passed by the Myrtle Beach City Council questioned.
October 6, 2008... Byline: Diana Smith A set of ordinances recently passed by the Myrtle Beach City Council to crack down on annual motorcycle rallies has already led to lawsuits about whether the new laws are unconstitutional and contradict state law. ...

New S.C. Association for Justice president discusses name change, goals for group.(Interview)
October 6, 2008... Byline: South Carolina Lawyers Weekly Staff As a new feature in South Carolina Lawyers Weekly, we will occasionally ask various individuals to answer questions concerning their roles in the legal community. This week, Pete Strom, the...

S.C. Court of Appeals rules brief deliberations no reason to toss verdict.
October 6, 2008... Byline: Gregory Froom, Editor Even though the jury had deliberated for only 40 minutes, a trial judge was wrong to use the 13th juror doctrine to toss an $11 million wrongful death and survival verdict, the Court of Appeals ruled Sept. 24....

Nexsen Pruet's nemesis? Duo files fourth malpractice suit against large firm in S.C.
October 6, 2008... Byline: Rick Brundrett The two law firms couldn't be much more opposite. One is the third largest firm in South Carolina, with more than 160 lawyers at five offices in Columbia, Charleston, Greenville, Hilton Head Island and Myrtle...

S.C. Court of Appeals Case Summaries: October 6, 2008.
October 6, 2008... Byline: South Carolina Lawyers Weekly Staff Civil Home Remodeling - Negligence - Counterclaim - Prejudgment Interest A construction company was entitled to prejudgment interest on the amount of damages awarded by the jury, the...

S.C. Supreme Court Case Summaries: October 6, 2008.
October 6, 2008... Byline: South Carolina Lawyers Weekly Staff Attorney Disciplinary Matter Breach Of Trust - Competent Representation An attorney who pled guilty to breach of trust for taking fees paid in cash to her law firm and depositing them...

U.S. Court of Appeals 4th Circuit Unpublished Case Summaries: October 6, 2008.
October 6, 2008... Byline: South Carolina Lawyers Weekly Staff Tort Wrongful Death - Police Shooting - Deadly Force A wrongful death claim for a man shot by police was properly dismissed since the officer's split-second decision to use deadly force...

U.S. District Court Case Summaries: October 6, 2008.
October 6, 2008... Byline: South Carolina Lawyers Weekly Staff Arbitration Insurance - UIM Benefits - Arbitration - Filing Of Suit An action for UIMbenefits is premature where the insured has not filed a legal action against the allegedly at-fault...

Commentary: battle zone: a few observations from the opinions editor.(liability for traffic accidents)(South Carolina)
October 13, 2008... Byline: Bess Battle This week was about as busy as a luxury SUV dealership, with one published Supreme Court opinion and one published decision from the Court of Appeals. I decided to discuss the lone published case from the appeals...

Retired S.C. contractor and 'court gadfly' keeps government in line.
October 13, 2008... Byline: Rick Brundrett It's easy to miss the "headquarters" of Edward D. "Ned" Sloan Jr. His cramped, wood-paneled office sits quietly on the back side of an alteration shop on East North Street heading toward downtown Greenville. But...

Former chief judge of 4th Circuit Court of Appeals moves into private practice in Greenville.
October 13, 2008... Byline: Fred Horlbeck Lawyers in the Carolinas have a new colleague who's eager to get into private practice and try out what he learned during 28 years on the federal bench. William W. Wilkins, former chief judge of the Fourth Circuit...

S.C. Court of Appeals rules father not liable for son's wreck in dad's Jeep.
October 13, 2008... Byline: Gregory Froom A Timmonsville man could not be held liable for his teenaged son's wreck under the family purpose doctrine, even though the boy was running an errand for his dad whose name was on the Jeep's title, the appeals court...

S.C. Court of Common Pleas Case Summaries: October 13, 2008.
October 13, 2008... Byline: South Carolina Lawyers Weekly Staff Criminal Destruction Of Arrest Warrant - Fees - Acquittal An acquitted defendant has a right to the destruction of his arrest record under Sect. 17-1-40, and that right is not conditioned...

S.C. Court of Appeals Case Summaries: October 13, 2008.
October 13, 2008... Byline: South Carolina Lawyers Weekly Staff Negligence Motor Vehicle Accident - Family Purpose Doctrine - Vehicle Owner A jury question existed as to whether the family purpose doctrine applied where a Jeep involved in an accident...

S.C. Court of Appeals Unpublished Case Summaries: October 13, 2008.
October 13, 2008... Byline: South Carolina Lawyers Weekly Staff Insurance Blanket Policy - Student Coverage - Negligence An insurance company that offered blanket coverage to students at a public school did not owe a duty to disclose the details of...

S.C. Supreme Court Case Summaries: October 13, 2008.
October 13, 2008... Byline: South Carolina Lawyers Weekly Staff Criminal Criminal Solicitation Of A Minor - Entrapment A defendant was not entitled to a jury instruction on the defense of entrapment since the SLED agent's initial contact merely...

U.S. Court of Appeals 4th Circuit Case Summaries: October 13, 2008.
October 13, 2008... Byline: South Carolina Lawyers Weekly Staff Administrative Medicaid Plan - Post- Eligibility Income - Nursing Home Patients A Maryland state Medicaid agency's petition for review of the disapproval of a change to Maryland's State...

Commentary: Florence lawyer recalls Harvard days, career highlights in new book.(Eugene N. Zeigler, Jr.)
October 20, 2008... Byline: Ruth W. Cupp When Conscience and Power Meet is a memoir written by Florence attorney Eugene N. "Nick" Zeigler Jr. It was published this month by the University Press. I wish more lawyers would write their professional memoirs....

S.C. Lawyers In The News: October 20, 2008.(South Carolina)
October 20, 2008... Byline: Fred Horlbeck Five lawyers with the Collins & Lacy law firm have made the 2009 edition of "The Best Lawyers in America." They are: Stanford E. Lacy, Jack D. Griffeth, Joel W. Collins, Gray T. Culbreath and Ellen M. Adams. Lacy and...

S.C. Court of Appeals rules business traveler is covered by workers' comp for death in hotel fire.(South Carolina, workers' compensation)
October 20, 2008... Byline: Gregory Froom A Wedgefield insurance salesman who died in a hotel fire after a company meeting was covered by workers' comp even though the seminar had wrapped up well before the fire occurred, the appeals court has ruled. The...

N.C. Court of Appeals rules lack of witness barred UM benefits for woman in 'John Doe' wreck.(North Carolina, underinsured motorist)
October 20, 2008... Byline: Fred Horlbeck A state statute doesn't allow a woman to recover benefits under an uninsured motorist policy after she fell asleep in her Jeep and awoke in a hospital with no memory of the vehicle's colliding with a bridge abutment,...

Battle Zone: A few observations from the opinions editor.
October 20, 2008... Byline: Bess Battle This week was as surprising as finding a $20 bill in an old pair of pants, with five published Supreme Court cases and five published Court of Appeals opinions. I decided to discuss the two cases that reminded me of...

Proceeding with caution: Managing partners monitoring economy's effect on bottom line.
October 20, 2008... Byline: Fred Horlbeck The bad economic news that has thrown markets into turmoil and sent jitters rippling around the globe has also put managing partners at the Palmetto State's largest law firms on high alert. While none have...

S.C. Court of Appeals Case Summaries: October 20, 2008.(South Carolina)
October 20, 2008... Byline: South Carolina Lawyers Weekly Staff Arbitration Life Insurance - Material Misrepresentations - Motion To Compel The investors' claims against WMA Securities should be sent to arbitration only at their discretion, by...

S.C. Supreme Court Case Summaries: October 20, 2008.(South Carolina)
October 20, 2008... Byline: South Carolina Lawyers Weekly Staff Attorney Disciplinary Matter Retainer - Failure To File - Failure To Respond An attorney who failed to file a divorce action and to reasonably communicate with a client is suspended from...

Plaintiff receives $1.7M settlement in bystander case.(bystander liability)
October 20, 2008... Byline: Fred Horlbeck A Richland County plaintiff has settled for $1.7 million in a bystander liability claim against a trucking company after a tractor-trailer fatally struck his mother on Interstate 20 in December. The sum is...

Commentary: Battle Zone: A few observations from the opinions editor.
October 27, 2008... Byline: Bess Battle This week was as exciting as a turtle on a hamster wheel, with one published decision from the Supreme Court and one from the Court of Appeals. I decided to discuss one unpublished appeals court opinion that dealt...

Commentary: Out of the Dark Ages and into the future, the lawyers' guild should remain.
October 27, 2008... Byline: Gregory Froom I recently read an observation from a self-dubbed "legal futurist" who made dire predictions about the sustainability of our profession. "Lawyers are like the great buffalo of the 1800s, locked in a stampede for...

S.C. Lawyers in the News: October 27, 2008.(South Carolina )
October 27, 2008... Byline: South Carolina Lawyers Weekly Staff Briefly... Emily R. Gifford of Richardson, Plowden & Robinson has been named to the editorial board of the American Bar Association Tort Trial and Insurance Practice Section's TortSource, a...

Rural attorneys in S.C. swamped with Rule 608 appointments.
October 27, 2008... Byline: Fred Horlbeck If a lawyer could be the poster child for the S.C. Bar's campaign to modify Rule 608, Florence lawyer Rangeley Chewning would be it. Balancing Rule 608 appointments against the other demands of her practice, she...

ABA report starts discussion about how to improve lawyer discipline in S.C.(American Bar Association)
October 27, 2008... Byline: Rick Brundrett After a thorough inspection from an American Bar Association team, the group has issued its list of recommended repairs for the state's lawyer discipline system. The suggestions include some minor tweaks and a...

Interview with Columbia attorney Christian Stegmaier.(Interview)
October 27, 2008... Byline: Bess Battle This week, our spotlight shines on Columbia attorney Christian Stegmaier, who is a shareholder in the law firm of Collins & Lacy. The triple University of South Carolina graduate (B.S., M.S. and J.D.) concentrates...

FDIC coverage good enough for client funds in S.C.(Federal Deposit Insurance Corp.)
October 27, 2008... Byline: Fred Horlbeck An ethics advisory opinion reflects fears arising from the economic crisis but reassures South Carolina lawyers that they don't have to worry about outfedding the feds when it comes to protecting client funds. ...

S.C. Bar carries on struggle to secure Rule 608 funding.(South Carolina)
October 27, 2008... Byline: Fred Horlbeck Bowing to political pragmatism, the S.C. Bar is hedging its bets on legislative funding for Rule 608 appointments and is looking to the state Supreme Court to ensure lawyers get paid for representing indigent clients....

4th Circuit rules policy did not provide coverage for bar scuffle.
October 27, 2008... Byline: Gregory Froom A Beaufort bar could not rely on its commercial general liability insurer to defend a negligence claim brought by a patron who was hurt in a drunken brawl, the Fourth Circuit has ruled in an unpublished decision. ...

S.C. Court of Appeals Case Summaries: October 27, 2008.
October 27, 2008... Byline: South Carolina Lawyers Weekly Staff Contract Breach - Settlement Agreement - Unconditional Tender - Additional Terms A corporation made an unconditional tender of settlement to an antique store and thereby did not breach...

S.C. Court of Appeals Unpublished Case Summaries: October 27, 2008.
October 27, 2008... Byline: South Carolina Lawyers Weekly Staff Domestic Relations Divorce - Apportionment Of Marital Property - Transmutation Land purchased by the husband prior to the marriage was transmuted into marital property because it was...

S.C. Supreme Court Case Summaries: October 27, 2008.
October 27, 2008... Byline: South Carolina Lawyers Weekly Staff Attorney Disciplinary Matter Misappropriation Of Funds Indefinite Suspension An attorney who misappropriated over $100,000 from clients' settlement funds is indefinitely suspended from...

U.S. Court of Appeals 4th Circuit Unpublished Case Summaries: October 27, 2008.
October 27, 2008... Byline: South Carolina Lawyers Weekly Staff Insurance Bar Fight - CGL Policy - Assault & Battery Exclusion - Negligence - Duty To Defend An insurer does not have a duty to defend against a negligence action brought by a patron...