South Carolina Lawyers Weekly articles from September 2003

South Carolina Lawyers Weekly archives from September 2003

South Carolina Lawyers In The News: September 1, 2003.
September 1, 2003... Byline: South Carolina Lawyers Weekly Staff Attorney John K. Van Duys, a shareholder in Haynsworth Sinkler Boyd's Columbia office, has been invited to join the American College of Bond Counsel. The American College of Bond Counsel was...

S.C. Workers' Compensation Court Case Summaries: September 1, 2003.
September 1, 2003... Byline: South Carolina Lawyers Weekly Staff Workers' Compensation Back Injury - Permanent and Total Disability Where the claimant suffered an admitted back injury when he jumped across a ditch to pick up litter while working for...

S.C. Supreme Court Adopts Standard For Reviving Alimony After Annulment.
September 1, 2003... Byline: Michael Dayton In a first impression ruling, the state Supreme Court has adopted a case-by-case approach to decide whether alimony should be revived when a former spouse's new marriage is annulled. Under South Carolina law, a...

S.C. Court of Appeals Case Summaries: September 1, 2003.
September 1, 2003... Byline: South Carolina Lawyers Weekly Staff Domestic Relations Alimony Termination - Relationship Tantamount to Marriage Where the appellant husband sought to terminate his alimony obligation to his wife, alleging she had entered...

S.C. Supreme Court Case Summaries: September 1, 2003.
September 1, 2003... Byline: South Carolina Lawyers Weekly Staff Attorney Disciplinary Matter Admitted Misconduct - Failure to Comply With CLE Requirements Where the respondent admitted misconduct for continuing to practice law during his period of...

S.C. Court of Appeals Unpublished Case Summaries: September 1, 2003.
September 1, 2003... Byline: South Carolina Lawyers Weekly Staff Criminal Juvenile - Assault and Battery of a High and Aggravated Nature Where the appellant repeatedly hit another high school student until he became unconscious, the Family Court...

S.C. Ct. of Appeals: Promises In Policy Manual Created Jury Question On At-Will Status.
September 1, 2003... Byline: Gregory Froom An Aiken police officer could take his wrongful termination claim to trial despite numerous disclaimers that said the city's handbook did not create an employment contract, the Court of Appeals has ruled in an...

Parties Couldn't Orally Modify Alimony Order, Rules S.C. Court Of Appeals.
September 1, 2003... Byline: Michael Dayton Even though a divorced Sumter County couple orally agreed that the husband's alimony obligation could end in 2000, that did not override the parties' written agreement, the Court of Appeals has ruled. The...

U.S. Court of Appeals 4th Circuit Case Summaries: September 1, 2003.
September 1, 2003... Byline: South Carolina Lawyers Weekly Staff Criminal Counterfeit Money - Multiplicitous Charges - Speedy Trial Where the defendant was found in a restaurant parking lot with 11 counterfeit bills in his possession, after a...

S.C. Governor Mark Sanford Names Policy Adviser Replacement.
September 8, 2003... Byline: South Carolina Lawyers Weekly Staff Gov. Mark Sanford has named a Beaufort lawyer as his new senior policy adviser. Tom Davis, who was policy adviser for Sanford's gubernatorial campaign last year, replaces former state Rep....

Verdicts & Settlements September 8, 2003: Claimed Modification That Made Game Legal Was His Idea.
September 8, 2003... Byline: South Carolina Lawyers Weekly Staff Breach of contract, breach of contract with fraudulent act, fraud, negligent misrepresentation and breach of fiduciary duty. Principal injuries (in order of severity): Economic Special...

Verdicts & Settlements September 8, 2003: Physician Settles Over Failure To Disclose Tumor Discovery.
September 8, 2003... Byline: Gregory Froom The estate of a cancer victim has settled a wrongful death claim against an Anderson physician who removed a tumor during a routine hysterectomy but allegedly never told the woman it was cancerous. SETTLEMENT...

Columbia-Based Law Firm Rogers Townsend & Thomas Named Fannie Mae And Freddy Mac Designated Counsel.
September 8, 2003... Byline: South Carolina Lawyers Weekly Staff Rogers Townsend & Thomas, a Columbia-based law firm specializing in default services, real estate and litigation, has been named Fannie Mae and Freddie Mac designated counsel in South Carolina....

U.S. Court of Appeals 4th Circuit Case Summaries: September 8, 2003.
September 8, 2003... Byline: South Carolina Lawyers Weekly Staff Criminal Habeas Corpus - Capital Murder - Certificate Of Appealability - Voluntary Intoxication A District Court did not err in rejecting the defendant's federal habeas petition claiming...

South Carolina Supreme Court Won't Rehear Products Liability Claim.
September 8, 2003... Byline: Gregory Froom A $500,000 products liability verdict for the estate of Simpsonville man who was crushed to death while repairing a track loader will stand after the Supreme Court declined to rehear the case late last month. The...

S.C. Court of Appeals Unpublished Case Summaries: September 8, 2003.
September 8, 2003... Byline: South Carolina Lawyers Weekly Staff Criminal Drug Offenses - Validity of Search Warrant Where the appellant argues the record fails to adequately demonstrate the existence of probable cause to obtain a search warrant for...

S.C. Supreme Court Case Summaries: September 8, 2003.
September 8, 2003... Byline: South Carolina Lawyers Weekly Staff Tort Automobile Accident - Exclusion of Expert Witnesses Where the appellants sued a logging company for personal injuries sustained in an automobile accident, the trial court improperly...

Nexsen Pruet Attorney Selected For Leadership South Carolina.
September 8, 2003... Byline: South Carolina Lawyers Weekly Staff Regina Hollins Lewis, a member with Nexsen Pruet Jacobs & Pollard, has been chosen for the 2004 class of Leadership South Carolina. Lewis is one of just 50 applicants selected for the...

S.C. Supreme Court Upholds Case Dismissal As Sanction For Disobeying Judge's Oral Orders.
September 8, 2003... Byline: Gregory Froom The Supreme Court has upheld the dismissal of a York County woman's personal injury suit as a sanction for her discovery abuses. In a Sept. 2 opinion, the high court said the woman's repeated refusal to comply...

S.C. Workers' Compensation Court Case Summaries: September 8, 2003.
September 8, 2003... Byline: South Carolina Lawyers Weekly Staff Workers' Compensation Head Injury - Admitted Claim - Temporary Total Benefits Where the claimant suffered head injuries when his company vehicle was struck from behind, the appellate...

Effort To Protect Property Rights Of S.C. Blacks Reaches 5,000.
September 15, 2003... Byline: South Carolina Lawyers Weekly Staff A program to help protect the property rights of slave descendants along the South Carolina coast reached an estimated 5,000 people during its first year. The Heirs' Property Preservation...

Illegal Alien Gets Comp Settlement For Fall From Charleston Roof.
September 15, 2003... Byline: Michael Dayton An illegal Honduran immigrant who was left paraplegic in 2000 by a fall from a Charleston school roof has settled his workers' compensation claim for $850,000. The case of Ortiz v. Environmental Management...

Second South Carolina Law School On Track For Fall 2004 Opening.
September 15, 2003... Byline: Gregory Froom South Carolina's days of having only one law school will end next fall when the new Charleston School of Law is scheduled to hold its first classes. Plans for the private law school got a boost Sept. 4 when the...

S.C. Court of Appeals Unpublished Case Summaries: September 15, 2003.
September 15, 2003... Byline: South Carolina Lawyers Weekly Staff Arbitration Negligence - Construction Contract - Meeting of the Minds Where the respondent homeowners, who signed two contracts for the construction of their home, sued the appellant...

S.C. Supreme Court Case Summaries: September 15, 2003.
September 15, 2003... Byline: South Carolina Lawyers Weekly Staff Arbitration Construction Defects - Subcontract - Waiver - Preemption Where a homeowners association sued the respondent construction company alleging construction defects resulting from...

U.S. Court of Appeals 4th Circuit Case Summaries: September 15, 2003.
September 15, 2003... Byline: South Carolina Lawyers Weekly Staff Administrative Environmental - Surface Mining Control - Attorney's Fees Where two environmental groups filed a complaint with the Office of Surface Mining & Reclamation regarding a mining...

FAA Didn't Trump S.C. Rule On Arbitration Appeal, Rules S.C. Supreme Court.
September 15, 2003... Byline: Gregory Froom A subcontractor that was sued as a third-party defendant over work it performed on a Mount Pleasant condo could not immediately appeal a court order compelling arbitration, the Supreme Court ruled Sept. 8. The...

Definitive Diagnosis Started Notice Period On Repetitive Trauma Claim.
September 15, 2003... Byline: Gregory Froom A Lexington County forklift driver was entitled to workers' comp benefits for carpal tunnel syndrome -- even though he didn't give notice to his employer until more than 90 days after he first felt the symptoms, a...

S.C. Workers' Compensation Court Case Summaries: September 15, 2003.
September 15, 2003... Byline: South Carolina Lawyers Weekly Staff Workers' Compensation Back and Neck Injury - Change of Condition Where the claimant alleges he has suffered a substantial change of condition for the worse with regard to his neck injury...

S.C. Court of Appeals Case Summaries: September 22, 2003.
September 22, 2003... Byline: South Carolina Lawyers Weekly Staff Arbitration Multiple Contracts - Valid Agreement Where the appellant housing authority entered into two contracts containing arbitration provisions with the respondents, the Circuit...

S.C. Court of Appeals Unpublished Case Summaries: September 22, 2003.
September 22, 2003... Byline: South Carolina Lawyers Weekly Staff Tort Negligence - Automobile Accident - Damages - Summary Judgment Where the appellant struck the respondent's vehicle, admitted simple negligence but denied proximate cause for the...

S.C. Supreme Court Case Summaries: September 22, 2003.
September 22, 2003... Byline: South Carolina Lawyers Weekly Staff Attorney Disciplinary Matter Admitted Misconduct - Agreement for Discipline by Consent Where the respondent admitted to various acts of misconduct, we accept the agreement for discipline...

U.S. Court of Appeals 4th Circuit Case Summaries: September 22, 2003.
September 22, 2003... Byline: South Carolina Lawyers Weekly Staff Criminal Drug Distribution - Eleven- Person Jury At the defendant's trial on multiple counts related to a drug distribution ring operating out of Charlotte, N.C., the trial court erred...

S.C. Workers' Compensation Court Case Summaries: September 22, 2003.
September 22, 2003... Byline: South Carolina Lawyers Weekly Staff Workers' Compensation Back Injury - Permanent Partial Disability Benefits Where the claimant suffered injuries to his back when a timber fell on him while he was building a deck, the...

Lost Profits, Overhead Could Not Be Recovered Through Mechanic's Lien, Rules S.C. Appellate Court.
September 22, 2003... Byline: Gregory Froom A construction company could not use a mechanic's lien to recover lost profits and overhead after a couple backed out of a deal to build a restaurant in Fort Mill, the Court of Appeals ruled Sept. 15. The reason:...

South Carolina Lawyers In The News: September 22, 2003.
September 22, 2003... Byline: South Carolina Lawyers Weekly Staff Faith R. Rivers, executive director of the South Carolina Bar Foundation, has been elected as president of the National Association of IOLTA Programs. Established in 1986, NAIP's mission is to...

Driver Who Admitted Negligence Could Still Contest Injury Liability, Rules S.C. Ct. of Appeals.
September 22, 2003... Byline: Michael Dayton Even though a motorist admitted he was negligent in a Charleston County auto accident, that did not mean he admitted liability for another motorist's personal injuries, the Court of Appeals has ruled in an...

S.C. Supreme Court Rejects Negligence Claim Against Adjuster.
September 22, 2003... Byline: Gregory Froom A Charleston dry cleaner could not sue an independent adjusting company and its adjuster for negligently handling a fire insurance claim, the Supreme Court has held in response to a certified question from a federal...

Teenager Could Not Stack UIM Coverage Under Stepmother's Policy, Rules S.C. Court Of Appeals.
September 22, 2003... Byline: Michael Dayton Even though a teenage driver spent summer months and holidays at her father's home near Saluda, she did not qualify as a resident there and could not stack underinsured motorist benefits after an auto accident in her...

Heirs' Property Preservation Project Premieres Video And Recognizes First Year Accomplishments.
September 29, 2003... Byline: South Carolina Lawyers Weekly Staff On Tuesday, Sept. 9, the South Carolina Bar, Bar Foundation and the Community Foundation Serving Coastal South Carolina premiered the Heirs' Property Preservation Project video. The video, created...

Exterminator's Arbitration Clause Didn't Extend To Prior Contracts, Rules S.C. Court Of Appeals.
September 29, 2003... Byline: Gregory Froom A Sumter County church does not have to arbitrate its entire dispute over termite damage -- even though one of its contracts with an exterminator contained an arbitration clause, the Court of Appeals has ruled. ...

U.S. Court of Appeals 4th Circuit Case Summaries: September 29, 2003.
September 29, 2003... Byline: South Carolina Lawyers Weekly Staff Criminal Capital Murder - Death Penalty Notice The en banc 4th Circuit denies rehearing and rehearing en banc in this capital murder case in which a panel of the court held that where...

S.C. Workers' Compensation Court Case Summaries: September 29, 2003.
September 29, 2003... Byline: South Carolina Lawyers Weekly Staff Workers' Compensation Neck Injury - Temporary Total Disability - Injury by Accident Where the claimant alleges she injured her neck when she was reaching to disconnect and reconnect gas...

Verdicts & Settlements September 29, 2003: Patient's Estate Wins Verdict Against Surgeon.
September 29, 2003... Byline: South Carolina Lawyers Weekly Staff $2.5 Million Verdict Medical malpractice Principal injuries (in order of severity): Wrongful death/survival action Special damages: n/a Tried or Settled: Tried County where...

Verdicts & Settlements September 29, 2003: Homebuyers Win Counterclaim Against Builder.
September 29, 2003... Byline: South Carolina Lawyers Weekly Staff $113,505 Verdict Civil construction litigation Other Useful Info: Construction contact of residential home was for $175,000. The plaintiff (builder) sued the defendants (buyers) for...

Verdicts & Settlements September 29, 2003: Law Enforcement Settles Dispute Over Seized Property.
September 29, 2003... Byline: South Carolina Lawyers Weekly Staff $800,000 Settlement Dispute amongst law enforcement over $2.5 million in seized cash and property. Principal injuries (in order of severity): Anderson County Sheriff's Office filed...

Family Court Had Jurisdiction To Award 100 Percent Of Military Pension, Rules S.C. Appeals Court.
September 29, 2003... Byline: Gregory Froom A Charleston County ex-wife could collect all of her husband's military retirement pay for nine years under a Family Court order -- even though federal law forbids ex-spouses to receive more than a 50 percent share,...

S.C. Court of Appeals Unpublished Case Summaries: September 29, 2003.
September 29, 2003... Byline: South Carolina Lawyers Weekly Staff Criminal Assault and Battery With Intent to Kill - Mistrial - Threat of Sanctions Where the appellant, who was convicted of assault and battery with intent to kill, argues the trial...

Missing Sign Results In $15M Verdict Against S.C. State Transportation Dept.
September 29, 2003... Byline: Gregory Froom The state Department of Transportation has been hit with a $15 million verdict over a fatal head-on collision at an improperly marked intersection in Spartanburg. VERDICT REPORT The July 1999 accident killed...

S.C. Court of Appeals Case Summaries: September 29, 2003.
September 29, 2003... Byline: South Carolina Lawyers Weekly Staff Arbitration Termite Contracts - Prior Unrelated Contracts - Motion to Compel Where a church, which entered a contract with the appellant Terminix in 1975 that did not contain an...

S.C. Supreme Court Case Summaries: September 29, 2003.
September 29, 2003... Byline: South Carolina Lawyers Weekly Staff Criminal Murder - Failure to Object - Right not to Testify Where the petitioner, who was convicted of murder and criminal conspiracy, asserts that his counsel was ineffective for failing...