South Carolina Lawyers Weekly articles from September 2004

South Carolina Lawyers Weekly archives from September 2004

S.C. Lawyers In The News: September 6, 2004.
September 6, 2004... Byline: South Carolina Lawyers Weekly Staff Attorney Angelica "Lica" Colwell has joined the Charleston office of Nexsen Pruet, LLC. Colwell comes to Nexsen Pruet from Marshall & Melhorn in Toledo, Ohio, where she was a member of the...

Supreme Court rules option holder lacked insurable interest in property.
September 6, 2004... Byline: Gregory Froom A man who held a lease with an option to buy a Lexington County commercial property lacked an insurable interest when the building was destroyed by an intentionally set fire, the Supreme Court ruled Aug. 30. The...

Rulings on discovery of adjuster materials upheld by Supreme Court.
September 6, 2004... Byline: Gregory Froom Rulings in two Upstate auto tort cases that addressed whether insurance adjusters had to divulge information and opinions about accidents have been upheld by the Supreme Court in separate unpublished decisions. ...

Dolan Media acquires 14 newspapers, web sites of Lawyers Weekly.
September 6, 2004... Byline: South Carolina Lawyers Weekly Staff Dolan Media Company said today it acquired the 14 newspapers and associated Web sites of Lawyers Weekly, Inc., a leading publisher for the legal profession. The deal closed Tuesday, Aug. 31....

Commentary: Legal Websites that work.
September 6, 2004... Byline: Dale Tincher According to a recent Nielsen/ NetRatings report, search sessions in the U.S. grew by almost 30 percent between May 2003 and May 2004. An estimated 1.2 billion search sessions were generated by Americans in May of this...

S.C. Administrative Law Judge Division Case Summaries: September 6, 2004.
September 6, 2004... Byline: South Carolina Lawyers Weekly Staff Administrative Spouse's Property Transfer - Medicaid Ineligibility Where the petitioner's wife transferred real property worth $63,500 to her son for $5 on June 18, 2003, and applied on...

S.C. Supreme Court Case Summaries: September 6, 2004.
September 6, 2004... Byline: South Carolina Lawyers Weekly Staff Criminal Criminal Sexual Conduct - Lesser Included Offense - Sentencing Remand Where the Court of Appeals, after reversing the respondent's first-degree CSC convictions due to lack of...

S.C. Workers' Compensation Case Summaries: September 6, 2004.
September 6, 2004... Byline: South Carolina Lawyers Weekly Staff Workers' Compensation Neck and Back Injuries - Psychological Injury Where the claimant alleges she injured her back when a patient she was assisting with a bath began to fall and grabbed...

Eric K. Englebardt becomes managing partner of Clarkson, Walsh Rheney & Turner, P.A.
September 6, 2004... Byline: South Carolina Lawyers Weekly Staff The Greenville law firm of Clarkson, Walsh, Rheney & Turner, P.A. has announced that Eric K. Englebardt has become managing partner, effective July 1. Englebardt will continue his litigation...

S.C. Appeals Court rules no acquiescence where neighbors maintained disputed strip of real estate.
September 6, 2004... Byline: Michael Dayton Where next-door neighbors in a Greenville subdivision never agreed on the boundary line between them, and both took care of a disputed 21-foot strip, a master-in-equity erred in applying the doctrine of acquiescence...

S.C. Court of Appeals Unpublished Case Summaries: September 6, 2004.
September 6, 2004... Byline: South Carolina Lawyers Weekly Staff Real Property Fence Construction - Boundary Location - Acquiescence by Predecessor Where the respondents sued their next-door neighbors, alleging the appellants improperly erected a...

Kenneth E. Young inducted into College of Labor and Employment Lawyers.
September 13, 2004... Byline: South Carolina Lawyers Weekly Staff Nelson Mullins partner Kenneth E. Young has been inducted as a fellow in the College of Labor and Employment Lawyers, the highest recognition by one's colleagues of sustained outstanding...

S.C. Appeals Court rules salesman's 'good samaritan' act not covered by workers' comp.
September 13, 2004... Byline: Gregory Froom A textile machinery parts salesman who was struck by a pickup while removing debris from a Laurens County highway was not entitled to workers' comp benefits, the Appeals Court has ruled in a 2-1 decision. The...

U.S. Court of Appeals 4th Circuit Case Summaries: September 13, 2004.
September 13, 2004... Byline: South Carolina Lawyers Weekly Staff Employment Discrimination Constructive Discharge - Voluntary Departure A corporate director of human resources who had difficulty getting along with the company's recruiting director,...

S.C. Appeals Court awards UIM carrier only $25K setoff despite $50K payout by at-fault insurer.
September 13, 2004... Byline: Michael Dayton Even though the insurer for an at-fault driver settled for $50,000 with a woman and her husband, the woman's UIM carrier was only entitled to a $25,000 setoff, the Court of Appeals has ruled. The woman received...

S.C. Court of Appeals Case Summaries: September 13, 2004.
September 13, 2004... Byline: South Carolina Lawyers Weekly Staff Criminal Murder - Admission of Evidence - Warrant Where the appellant contends the trial court erred in denying his motion to suppress evidence seized from his Jeep because: (1)the court...

S.C. Court of Appeals Unpublished Case Summaries: September 13, 2004.
September 13, 2004... Byline: South Carolina Lawyers Weekly Staff Criminal Sexual Misconduct - Prior Bad Acts - Admission of Testimony Where the appellant, who was convicted of two counts of engaging a child for sexual performance and two counts of...

S.C. Supreme Court Case Summaries: September 13, 2004.
September 13, 2004... Byline: South Carolina Lawyers Weekly Staff Criminal Criminal Sexual Conduct - Ineffective Assistance of Counsel Where the PCR judge found that defense counsel rendered ineffective assistance because: (1) defense counsel erred by...

Fisher & Phillips attorneys participate in Equal Employment Opportunity Commission seminar.
September 13, 2004... Byline: South Carolina Lawyers Weekly Staff Attorneys Hagood Tighe of the Columbia office, and Mason Alexander of the Charlotte office of the employment law firm Fisher & Phillips LLP, participated in an educational program sponsored by the...

South Carolina Appeals Court: UIM coverage followed person, not vehicle.
September 13, 2004... Byline: Gregory Froom A Sumter County man could collect underinsured motorist benefits from his auto policy -- even though the motorcycle he was riding in the accident lacked UIM coverage, the Appeals Court ruled Sept. 7. In an...

South Carolina Workers' Compensation Case Summaries: September 13, 2004.
September 13, 2004... Byline: South Carolina Lawyers Weekly Staff Workers' Compensation Multiple Injuries - Intoxication - Proximate Cause Where the claimant suffered multiple injuries when he fell off a seven-foot scaffold while trying to install a...

U.S. Court of Appeals 4th Circuit Case Summaries: September 20, 2004.
September 20, 2004... Byline: South Carolina Lawyers Weekly Staff Criminal Discovery - Fair Trial - Terrorist Charges Where enemy combatant witnesses could provide material, favorable testimony on behalf of a defendant charged with involvement in the...

South Carolina Workers' Compensation Case Summaries: September 20, 2004.
September 20, 2004... Byline: South Carolina Lawyers Weekly Staff Workers' Compensation Arm Injury - Permanent Total Disability Where the claimant, who injured her left arm while moving a box onto a conveyor belt, developed problems with her right arm...

Verdicts & Settlements September 20, 2004: S.C. boy hurt in accident settles with trucking company.
September 20, 2004... Byline: South Carolina Lawyers Weekly Staff The plaintiff Brandon Lambert, age 8, was riding in the back seat of a car driven by Carl Crowder. At an intersection in York County, US Xpress's tractor-trailer truck driven by Isaac Wolfe turned...

Verdicts & Settlements September 20, 2004: Toyota defends defective product claim over small SUV.
September 20, 2004... Byline: South Carolina Lawyers Weekly Staff The jury found that Toyota was not liable for injuries sustained by the plaintiff stemming from a single-car collision involving a 1997 Toyota RAV4 on Interstate 20 near Meridian, Miss. The...

Verdicts and Settlements September 2004: Advertising company wins $6.5M for faulty billboards.
September 20, 2004... Byline: Gregory Froom A Fairfield County outdoor advertising company has won a $6.5 million verdict against the manufacturer of three defective billboards -- one of which collapsed onto an adjacent Interstate. The three "unipole" signs...

South Carolina advertising company wins $6.5M verdict over faulty billboards.
September 20, 2004... Byline: Gregory Froom A Fairfield County outdoor advertising company has won a $6.5 million verdict against the manufacturer of three defective billboards -- one of which collapsed onto an adjacent Interstate. The three "unipole" signs...

S.C. Supreme Court Case Summaries: September 20, 2004.
September 20, 2004... Byline: South Carolina Lawyers Weekly Staff Administrative Possession of Courthouse Keys - Authority - Declaratory Judgment Where the petitioner county council seeks a declaratory judgment in this court's original jurisdiction to...

Attorney George Wolfe returns to Nelson Mullins to lead Washington office.
September 20, 2004... Byline: South Carolina Lawyers Weekly Staff Attorney George Wolfe has returned to Nelson Mullins Riley & Scarborough to manage the law firm's Washington, D.C., office after serving for three years in the Bush Administration as deputy...

Supreme Court rules Rule 59(e) motion stayed appeal clock despite similar arguments.
September 20, 2004... Byline: Gregory Froom Where a defendant orally moved for a JNOV or a new trial -- and later made a Rule 59(e) motion to alter the judgment -- the second motion tolled the time for filing an appeal, the Supreme Court has ruled in a 3-2...

Supreme Court rules questions about doctor's privileging file inappropriate.
September 20, 2004... Byline: Gregory Froom The plaintiff's attorney in an Oconee County medical malpractice case should not have been allowed to ask the defendant physician about his failure to turn over a confidential hospital privileging file, the Supreme...

U.S. Appeals Court rules arbitration clause not binding on homeowners association.
September 27, 2004... Byline: Gregory Froom A general contractor could not compel a North Myrtle Beach homeowners association to arbitrate its defective construction claims against the builder, the U.S. Fourth Circuit Court of Appeals has ruled. The reason:...

South Carolina real estate law professor defends use of lawyers in home closings.
September 27, 2004... Byline: Michael Dayton Residential closings are the bread-and-butter cases of many practitioners, but that work could dry up, cautions one legal specialist, if the state opened up closings to lay persons, as has happened in other...

S.C. Administrative Law Judge Division Case Summaries: September 27, 2004.
September 27, 2004... Byline: South Carolina Lawyers Weekly Staff Administrative Truck Attachment - Out-of- State Purchase - Use Taxes Where the petitioner: (1) purchased a flatbed truck from South Carolina; (2) paid S.C. sales tax of $300 at the time...

S.C. Court of Appeals Unpublished Case Summaries: September 27, 2004.
September 27, 2004... Byline: South Carolina Lawyers Weekly Staff Domestic Relations Divorce - Failure to Award Joint Custody Where the parties were divorced based partly on the appellant husband's lifelong anger problems and belief in strict...

S.C. Supreme Court Case Summaries: September 27, 2004.
September 27, 2004... Byline: South Carolina Lawyers Weekly Staff Contract Breach - Exclusive Agreement - Competing Product Where an engineering corporation, that contracted with: (1) an iron works company which would exclusively distribute the...

U.S. Court of Appeals 4th Circuit Case Summaries: September 27, 2004.
September 27, 2004... Byline: South Carolina Lawyers Weekly Staff Contract Arbitration - Construction - Condominium Defects Where a South Carolina homeowners association sued a general contractor for alleged construction defects in a condominium...

Supreme Court rules distributors' plans for competing grill didn't breach exclusive contract.
September 27, 2004... Byline: Gregory Froom Distributors who had exclusivity agreements with a Columbia-based grill manufacturer were not barred from developing their own competing cooker, the Supreme Court has ruled in an unpublished decision. The cased...

S.C. Court of Appeals Case Summaries: September 27, 2004.
September 27, 2004... Byline: South Carolina Lawyers Weekly Staff Administrative Permit - Private Dock Construction Where the Circuit Court affirmed the administrative law judge's decision denying the appellant's request for a permit to construct a...