South Carolina Lawyers Weekly articles from September 2005

South Carolina Lawyers Weekly archives from September 2005

S.C. Supreme Court rules co. that served alcohol to minor employee could be held liable for wreck.(Barnes v. Cohen Dry Wall Inc.)
September 5, 2005... Byline: South Carolina Lawyers Weekly Staff A Berkeley County dry wall company could be held liable for a fatal wreck caused by a teenage employee who drank at the company's 1998 Christmas party, the Supreme Court ruled Aug. 29. In an...

S.C. Supreme Court rules estate of teenager killed in crash after drinking at cookout can sue hosts.(South Carolina )
September 5, 2005... Byline: South Carolina Lawyers Weekly Staff The estate of a Columbia teen who died in a single-car accident could sue the hosts of a cookout where he drank beer and tequila before taking to the road, the Supreme Court has ruled in a...

4th Circuit rejects developers' takings claim over permit delay.(Sunrise Corp. of Myrtle Beach et al. v. City of Myrtle Beach)
September 5, 2005... Byline: South Carolina Lawyers Weekly Staff Myrtle Beach developers could not recover on their takings claim against the city for failing to approve a high-rise hotel project even though it met zoning requirements, the U.S. Fourth Circuit...

South Carolina Bar Foundation names 2005-2006 officers.
September 5, 2005... Byline: South Carolina Lawyers Weekly Staff The South Carolina Bar Foundation has announced new officers for the 2005-2006 term. Attorney Anne S. Ellefson was selected as president. Ellefson, a shareholder with Haynsworth Sinkler Boyd,...

Charleston Law School announces fall professionalism series.(Calendar)
September 5, 2005... Byline: South Carolina Lawyers Weekly Staff The Charleston School of Law has announced a fall lecture series that will allow students and lawyers to hear from federal judges, state judges and Charleston attorneys. While students are...

Twenty-nine attorney from South Carolina-based law firm listed in The Best Lawyers in America.(Brief Article)
September 5, 2005... Byline: South Carolina Lawyers Weekly Staff Twenty-nine attorneys at the South Carolina-based law firm of Haynsworth Sinkler Boyd, P.A., will be listed in The Best Lawyers in America. Attorneys selected from the four Haynsworth Sinkler...

U.S. Court of Appeals 4th Circuit Case Summaries: September 5, 2005.(United Seniors Ass'n Inc. v. Social Security Administration)(Provident Life and Accident Ins. Co. v. Cohen)(Lamparello v. Falwell )
September 5, 2005... Byline: South Carolina Lawyers Weekly Staff Administrative Social Security - Misleading Mailing Envelopes - Civil Penalty An administrative appeals board did not err in upholding a determination by an Administrative Law Judge that...

S.C. Supreme Court Case Summaries: September 5, 2005.(Augustine v. State)(Marcum v. Bowden)(Barnes v. Cohen Dry Wall Inc.)
September 5, 2005... Byline: South Carolina Lawyers Weekly Staff Attorney Disciplinary Matter Admitted Misconduct - Definite Suspension Where the respondent admitted to various acts of attorney misconduct, we accept the agreement for discipline by...

S.C. Circuit Court Case Summaries: September 5, 2005.(Richards v. State)(Brief Article)
September 5, 2005... Byline: South Carolina Lawyers Weekly Staff Criminal Post Conviction Relief - Sufficiency of Indictment Where the PCR judge granted the respondent's application after finding the indictment which charged him with distribution of...

S.C. Court of Appeals Case Summaries: September 5, 2005.(Widdicombe v. Tucker-Cales)
September 5, 2005... Byline: South Carolina Lawyers Weekly Staff Parent and Child Custody - Subject- Matter Jurisdiction - Resident Where: (1) the Family Court approved a settlement agreement granting the appellant mother custody in 1995; (2) the...

South Carolina Workers' Compensation Court Case Summaries: September 5, 2005.(Cooper v. Oakmont West)(Dingle v. Gold Kist Inc.)(Nelson v. County of Clarendon )
September 5, 2005... Byline: South Carolina Lawyers Weekly Staff Workers' Compensation Back and Leg Injuries - Lump- Sum Payment Where the claimant alleges he injured his lower back with radiation into the right lower extremity as he attempted to turn...

Commentary: There's buried treasure in your documents.
September 5, 2005... Byline: Bruce L. Dorner Our paper documents are a legal treasure chest. Not only do they contain pearls of legal wisdom to be shared with our clients, but they also include buried artifacts that may be both beneficial and harmful. These...

S.C. Court of Appeals rules tourist cannot recover for injuries on coaster.(South Carolina , Myrtle Beach Farms Co., Inc.)
September 12, 2005... Byline: South Carolina Lawyers Weekly Staff A tourist who injured her back when a Myrtle Beach roller coaster abruptly shut down could not recover damages from the amusement park, the Court of Appeals has ruled in an unpublished decision....

University of S.C. seeking new law school building.(South Carolina )
September 12, 2005... Byline: South Carolina Lawyers Weekly Staff The law building at the University of South Carolina jokingly called "the bat cave" by some due to its dark corridors is on target for replacement with a modern facility that will support...

S.C. Supreme Court rules landlord not liable for shooting.(South Carolina, Swordfish Investments, Club Voodoos)
September 12, 2005... Byline: South Carolina Lawyers Weekly Staff A woman who was shot several times by a disgruntled patron of a Columbia nightclub could not recover damages from the owner of the shopping center where the club was located, the Supreme Court...

S.C. Lawyers In The News: September 12, 2005.(South Carolina)(Kellam and Pettit appoints Charlene A. Fravel )(Leatherwood Walker Todd and Mann receives award)
September 12, 2005... Byline: South Carolina Lawyers Weekly Staff Attorney Charlene A. Fravel has joined the real estate division of the law firm of Kellam & Pettit, P.A. in Charlotte, N.C. Fravel is licensed in South Carolina, North Carolina and Pennsylvania....

Nexsen Pruet lawyer honored by Greenville Magazine.(William R. McKibbon)(Brief Article)
September 12, 2005... Byline: South Carolina Lawyers Weekly Staff Greenville Magazine has named William R. McKibbon, an attorney who practices in Nexsen Pruet's Greenville office, to the magazine's 2005 list of the "Best & Brightest 35 & Under." McKibbon,...

Nelson Mullins attorneys adopt Richland Co. Sheriff's Dept. for 9/11.(Richland County Sheriff's Deputies)(Nelson, Mullins, Riley and Scarborough)(Brief Article)
September 12, 2005... Byline: South Carolina Lawyers Weekly Staff Nelson Mullins attorneys and legal staff were scheduled to prepare wills for more than 150 Richland County Sheriff's Deputies as part of an all-day event to be held at the firm today, according to...

U.S. Court of Appeals 4th Circuit Case Summaries: September 12, 2005.(cases of partial-birth abortion)
September 12, 2005... Byline: South Carolina Lawyers Weekly Staff Civil Rights Constitutional - Privacy Right - 'Partial- Birth Abortion' A Virginia statute banning "partial-birth abortion" that does not provide an exception for circumstances when the...

S.C. Supreme Court Case Summaries: September 12, 2005.(South Carolina, Swordfish Investments LLC)(cases of negligence)
September 12, 2005... Byline: South Carolina Lawyers Weekly Staff Negligence Commercial Landlord - Nightclub Shooting - Duty to Protect Where the appellant sued the respondent commercial landlord after she was shot inside a nightclub, the trial court...

S.C. Court of Appeals Unpublished Case Summaries: September 12, 2005.(South Carolina)
September 12, 2005... Byline: South Carolina Lawyers Weekly Staff Contract Breach of Fiduciary Duty - Directed Verdict Where the appellants sued the respondents for various causes of action, including breach of fiduciary duty in the creation of a...

Workers' Compensation Case Summaries: September 12, 2005.
September 12, 2005... Byline: South Carolina Lawyers Weekly Staff Workers' Compensation Nose Injury - Permanent Partial Disability Where the claimant suffered an admitted accident when his nose was fractured while he was opening a door of a...

S.C. COA rules employee could claim changed condition based on pre-award back surgery.(South Carolina )(Court of Appeals )
September 19, 2005... Byline: South Carolina Lawyers Weekly Staff An Aiken County employee who hurt his back on the job, then had corrective surgery while his comp claim was pending, could get benefits based on a change of condition, the Appeals Court has ruled....

S.C COA rules no distress damages over dog's injuries.(South Carolina. Court of Appeals, Bales v. Judelsohn)
September 19, 2005... Byline: Michael Dayton Johns Island resident Frankie Bales was understandably upset when three German shepherds entered his yard in September 2000 and attacked his dog Jack, a chow-lab mix that has been the family's pet for about 10 years....

S.C. Workers' Comp. Commission rules worker leasing agency's comp policy covered all employees.(South Carolina )
September 19, 2005... Byline: Gregory Froom The insurer of an employment agency must pay comp benefits for a "leased" employee's workplace injuries, despite policy language that attempted to limit coverage to the agency's in-house workers, the Workers'...

S.C. Lawyers In The News: September 19, 2005.(appointments, awards, and change in location)
September 19, 2005... Byline: South Carolina Lawyers Weekly Staff Myrtle Beach attorney Karolan F. Ohanesian has been elected to the executive committee of the S.C. Trial Lawyers Association. Ohanesian practices with the law firm of Furr, Henshaw & Ohanesian. In...

U.S. Court of Appeals 4th Circuit Case Summaries: Septmber 19, 2005.
September 19, 2005... Byline: South Carolina Lawyers Weekly Staff Civil Rights Military Detention - Enemy Combatant Jose Padilla, a U.S. citizen who associated with forces hostile to the U.S. in Afghanistan, and who later entered the U.S. from Pakistan...

S.C. Court of Appeals Case Summaries: September 19, 2005.
September 19, 2005... Byline: South Carolina Lawyers Weekly Staff Parent and Child Termination of Parental Rights - Willful Failure to Support or Visit Where the Family Court declined to terminate the respondent father's parental rights to his minor...

S.C. Court of Appeals Unpublished Case Summaries: September 19, 2005.(South Carolina )
September 19, 2005... Byline: South Carolina Lawyers Weekly Staff Civil Pet Injuries - Emotional Damages - Lost Wages Where the respondents sued the appellant for reimbursement of a veterinary bill, lost wages and emotional injuries after the...

S.C. Workers' Compensation Court Case Summaries: September 19, 2005.(South Carolina )
September 19, 2005... Byline: South Carolina Lawyers Weekly Staff Workers' Compensation Back and Leg Injuries - Accountability for Payment of Benefits Where the claimant injured his back and right leg in a work-related accident and the appellant...

Interview with North Charleston admiral lawyer, E. Paul Gibson.(Interview)
September 26, 2005... Byline: South Carolina Lawyers Weekly Staff North Charleston admiralty lawyer E. Paul Gibson had a problem. His client, a boater, had been injured by the wake of a passing yacht. But because of her injuries she could not recall any details....

Workers' Comp. Comm. rules home health nurse could get comp for wreck on route to first house call.
September 26, 2005... Byline: Gregory Froom An Upstate home health nurse was entitled to comp benefits for injuries related to a wreck that happened while en route to see her first patient of the day, the Workers' Compensation Commission has ruled. The...

S.C. Lawyers In The News: September 26, 2005.(appointments and awards)(Brief Article)
September 26, 2005... Byline: South Carolina Lawyers Weekly Staff Attorney J. Kurt Schumacher Jr. has joined the Greenville firm of Leatherwood Walker Todd & Mann, P.C. as an associate. Schumacher is a graduate of Harvard Law School. Prior to joining...

N.C. based-Womble Carlyle Sandridge & Rice, PLLC recognized for outstanding Web site.(Brief Article)
September 26, 2005... Byline: South Carolina Lawyers Weekly Staff Womble Carlyle Sandridge & Rice, PLLC has announced that the firm's Web site has been recognized with an outstanding Web site WebAward from the Web Marketing Association in its 2005 competition....

Mount Pleasant based-Trask and Howell, LLC adds to workers' comp defense team.(appointments)(Brief Article)
September 26, 2005... Byline: South Carolina Lawyers Weekly Staff Attorneys Allison L. Cauthen, Kathryn C. Thompson, and Jill W. King have joined the Mount Pleasant law firm of Trask and Howell, LLC, as associates. Cauthen, a 2004 graduate of the University...

Buist, Byars, Pearce & Taylor, LLC adds Closer to Mount Pleasant office.(Michelle Emrick been appointed)(Brief Article)
September 26, 2005... Byline: South Carolina Lawyers Weekly Staff The real estate law firm of Buist, Byars, Pearce & Taylor, LLC has hired Michelle Emrick to serve as real estate closer in the firm's Mount Pleasant office. Emrick is responsible for...

Commentary: Is Uncle Sam the beneficiary of your IRA?(individual retirement account)
September 26, 2005... Byline: Tod Hyche Many people spend much of their working life building wealth in an individual retirement account or a qualified retirement plan such as a 401(k).1 However, too few of them consider the tax consequences to their spouse or...

Verdicts & Settlements (September 26, 2005) Estate settles nursing home neglect claim of dehydration.(Brief Article)
September 26, 2005... Byline: South Carolina Lawyers Weekly Staff $300,000 Mediated Settlement Nursing home neglect; wrongful death and survival. Principal injuries (in order of severity): Dehydration, malnutrition and UTI causing death. Special...

Verdicts & Settlements (September 26, 2005) Credit union CEO settles employment contract dispute.
September 26, 2005... Byline: South Carolina Lawyers Weekly Staff $816,468 Arbitration Award Arbitration of employment dispute. Principal injuries (in order of severity): Breach of employment contract and failure to pay severance package provided for by...

U.S. Court of Appeals 4th Circuit Case Summaries: September 26, 2005.
September 26, 2005... Byline: South Carolina Lawyers Weekly Staff Civil Rights First Amendment - Restricted Speech - Outdoor College Campus A policy of the University of Maryland at the flagship College Park campus that restricts speech in outdoor areas...

S.C. Supreme Court Case Summaries: September 26, 2005.(common law marriage)
September 26, 2005... Byline: South Carolina Lawyers Weekly Staff Domestic Relations Common- Law Marriage - Impediment to Marriage Where the respondent alleges she was common law married to the appellant because they lived together in several different...

S.C. Court of Appeals Case Summaries: September 26, 2005.(cases in Charleston)
September 26, 2005... Byline: South Carolina Lawyers Weekly Staff Real Property Building Alterations - Timeliness of Appeal Where the appellant, who argued at a hearing on Nov. 12, 2003 that the Charleston County Board of Architectural Review lacked...

S.C. Court of Appeals Unpublished Case Summaries: September 26, 2005.(armed robbery )(Brief Article)
September 26, 2005... Byline: South Carolina Lawyers Weekly Staff Criminal Armed Robbery - Youthful Offenders Act - Sentencing Where the respondent pled guilty to armed robbery and was sentenced to a sentence not to exceed six years under the Youthful...

Workers' Compensation Court Case Summaries: September 26, 2005.
September 26, 2005... Byline: South Carolina Lawyers Weekly Staff Workers' Compensation Automobile Accident - Going and Coming Rule Where the claimant, a home health nurse, sustained injuries in a car accident while on her way to her first patient, the...

S.C Supreme Court rules couple's move to S.C. did not form common-law marriage.
September 26, 2005... Byline: South Carolina Lawyers Weekly Staff Even though a couple allegedly lived together in several states and overseas, that did not mean a common-law marriage was automatically formed when they moved here, the state Supreme Court has...

S.C. Arbitrator: Credit union CEO due severance benefits.(South Carolina)
September 26, 2005... Byline: Gregory Froom The former CEO of a Lowcountry credit union has won an $816,000 arbitration award on his claim that he never received a severance package required under his employment contract. According to the contract, the...