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South Carolina Lawyers in the News: September 4, 2006.
September 4, 2006... Byline: South Carolina Lawyers Weekly Staff
Gallivan, White & Boyd, P.A. Adds Intellectual Property Attorney
Thomas E. Vanderbloemen has joined Greenville-based Gallivan, White & Boyd, P.A. as an of counsel attorney.
Prior to...
Lawyers in the News.
September 4, 2006... Byline: South Carolina Lawyers Weekly Staff
Shawn Boyd Deery has joined Nelson Mullins Riley & Scarborough LLP in its Columbia office and will practice in the products liability area. A native of Goose Creek, he formerly served as a law...
Tech Roundup: Helpful products for lawyers.(document-management system from Lucion Technologies)(pen with memory from Logitech International S.A.)(document-management system from Easy Data Access' Docsvault Professional)
September 4, 2006... Byline: Dick Dahl
In an effort to keep lawyers up-to-date on the ever-changing world of legal technology, Lawyers USA periodically reviews some of the latest gadgets, software programs and services of interest to attorneys and support...
High Court won't enforce act that would require S.C. licenses for expert medical witnesses.(South Carolina )
September 4, 2006... Byline: Gregory Froom
The Supreme Court will not enforce legislation passed earlier this year that would have prevented out-of-state physicians from testifying as expert witnesses without first obtaining a South Carolina medical license....
Lawyer suspended for faulty supervision of real estate closings.(Walter H. Smith )
September 4, 2006... Byline: Michael Dayton
A Columbia sole practitioner who ignored numerous red flags about financial irregularities in his real estate account has received an indefinite suspension from the state Supreme Court.
In an Aug. 28 order, the...
Suit over derailment could proceed against owner of railroad track.(Baggerly v. CSX Transportation Inc.)
September 4, 2006... Byline: Gregory Froom
A railroad engineer who was injured in a Florence County derailment could go forward on his negligence claims against the track's owner, the Supreme Court ruled Aug. 28.
The reason: there was sufficient evidence...
S.C. Court of Appeals Unpublished Case Summaries: September 4, 2006.
September 4, 2006... Byline: South Carolina Lawyers Weekly Staff
Real Property
Flood Plain Line - Altered Plat - Fraud
Where the appellant sued the respondent for fraud and various causes of action based on concealment of the flood plain line and the...
S.C. Supreme Court Case Summaries: September 4, 2006.
September 4, 2006... Byline: South Carolina Lawyers Weekly Staff
Attorney Disciplinary Matter
Real Estate Closings - Admitted Misconduct - Indefinite Suspension
Where the respondent admitted misconduct in various real estate transactions, we accept the...
U.S. Court of Appeals 4th Circuit Case Summaries: September 4, 2006.
September 4, 2006... Byline: South Carolina Lawyers Weekly Staff
Civil Procedure
Mandamus - Removal Jurisdiction - State Court Remand
In this lawsuit by the estates of four security guards killed in Iraq, against a company hired to provide private...
An anatomy of the 2006 Legislative effort to reform workers' compensation.
September 18, 2006... Byline: Mike LeFever
For a decade or more, South Carolina employers experienced rather stable workers' compensation insurance premium rates that were some of the lowest in the country. While indemnity and medical expenses steadily...
S.C. Lawyers in the News: September 18, 2006.(South Carolina )
September 18, 2006... Byline: South Carolina Lawyers Weekly Staff
Andrew Colvin Joins Nexsen Pruet Will Practice InReal EstateGroup
Andrew E. Colvin has joined the Hilton Head office of Nexsen Pruet and will work as an associate in the real estate practice...
U.S. Fourth Circuit rules disability plan wrongly cut off claimant's benefits.
September 18, 2006... Byline: Gregory Froom
A Greenville manufacturer could not cut off long-term disability benefits for a former worker who suffered chronic back problems, the U.S. Fourth Circuit Court of Appeals has ruled.
That was true, the panel said,...
U.S. District Court rules six air fresheners didn't create basis to hold motorist.(United States of America v. Caldwell)
September 18, 2006... Byline: Michael Dayton
Something may not have smelled right about the six air fresheners a motorist had hanging from his rear-view mirror.
But that factor -- and the motorist's nervousness during an I-85 traffic stop -- did not rise to...
S.C. Court of Appeals rules alimony based only on wife's need, husband's ability to pay improper.(South Carolina)
September 18, 2006... Byline: Gregory Froom
The Appeals Court has upset a Greenville woman's alimony award that was based only on her "need" and her ex-husband's ability to pay
The award was erroneous because there was no evidence that the Family Court...
S.C. Court of Appeals Case Summaries: September 18, 2006.(South Carolina )
September 18, 2006... Byline: South Carolina Lawyers Weekly Staff
Domestic Relations
Divorce - Alimony - Nonmarital Assets
Where the Family Court ordered the appellant husband to pay the wife permanent periodic alimony in the amount of $1,200 per month,...
U.S. Court of Appeals 4th Circuit Case Summaries: September 18, 2006.
September 18, 2006... Byline: South Carolina Lawyers Weekly Staff
Constitutional
Va. Alcohol Act - Commerce Clause - Personal Import Exception - ABC Store Sales
In this facial challenge under the dormant Commerce Clause to the three-tier regulatory...
U.S. District Court Case Summaries: September 18, 2006.
September 18, 2006... Byline: South Carolina Lawyers Weekly Staff
Contract
Shipping - Damaged Container - Liability Limitations
Where the plaintiff machinery company sued the defendant freight forwarder for breach of bailment and gross negligence after...
9 attorneys at the Leatherwood firm named in 'Best Lawyers in America'.(Leatherwood Walker Todd & Mann)
September 25, 2006... Byline: South Carolina Lawyers Weekly Staff
Nine attorneys at Leatherwood Walker Todd & Mann, P.C. have been named in "Best Lawyers in America" and will be listed in the 2007 directory
Leatherwood attorneys receiving this distinction...
Sowell Gray Stepp & Laffitte contributes $5,000 in memory of Wilburn Brewer.(S.C. Bar Foundation)(Brief article)
September 25, 2006... Byline: South Carolina Lawyers Weekly Staff
Sowell Gray Stepp & Laffitte has contributed $5,000 to the S.C. Bar Foundation's Wilburn Brewer Fund in a ceremony earlier this month.
The fund, created by the foundation in memory of Wilburn...
South Carolina Supreme Court approves mentoring pilot project.
September 25, 2006... Byline: Michael Dayton
Saying the first year of a law practice is a critical time for developing good habits, the state Supreme Court has adopted a pilot mentoring program for the Bar's new admittees.
In a Sept. 14 order, the justices...
Teacher wins suit over racially hostile workplace.
September 25, 2006... Byline: Gregory Froom
A former Charleston County middle school teacher has won $307,500 on her claims that she was subjected to a racially hostile workplace -- and retaliated against for speaking out.
In a verdict issued Sept. 6, a...
Pharmacy tech's mental comp award upset by full commission.
September 25, 2006... Byline: Gregory Froom
A Berkeley County pharmacy technician who suffered panic attacks after her workload doubled and relations with co-workers soured has had her workers' comp award for mental injuries vacated by the full commission.
...
Worker gets comp for wreck while riding in supervisor's vehicle.
September 25, 2006... Byline: Gregory Froom
A Lancaster brick mason who received multiple injuries in a wreck that occurred while his supervisor drove him to work has been awarded workers' comp benefits by an appellate panel of the full commission.
In a...
S.C. Court of Appeals Unpublished Case Summaries: September 25, 2006.(Pastene v. Beaufort County School District )
September 25, 2006... Byline: South Carolina Lawyers Weekly Staff
Tort
Intentional Infliction Of Emotional Distress - S.C. Tort Claims Act
Where the appellant, who was removed from substitute teaching for allegedly making inappropriate comments to...
S.C. Supreme Court Case Summaries: September 25, 2006.(Buckley v. Shealy )
September 25, 2006... Byline: South Carolina Lawyers Weekly Staff
Domestic Relations
Divorce - Child Support - Equitable Set- Off
Where the Family Court gave the husband an equitable set-off for "overpayments" of child support, this was improper since:...
U.S. Court of Appeals 4th Circuit Case Summaries: September 25, 2006.(Adkins v. Rumsfeld )
September 25, 2006... Byline: South Carolina Lawyers Weekly Staff
Domestic Relations
Divorced Military Spouse - Constitutional - Rooker- Feldman
The 4th U.S. Circuit Court of Appeals upholds a challenge by current and retired members of the armed forces...
Workers' Compensation Court Case Summaries: September 25, 2006.(Horton v. Pyramid Masonry Contractors)(Moore v. CVS )
September 25, 2006... Byline: South Carolina Lawyers Weekly Staff
Workers' Compensation
Automobile Accident - Going And Coming Rule
Where the claimant suffered numerous injuries after he was involved in a work-related accident that occurred while his...
Verdicts & Settlements September 25, 2006: Homeowners assns. win mediated settlements over EIFS.(Shipyard Counsel of Co-Owners, Inc. v. RJG Construction Co. et al.)
September 25, 2006... Byline: South Carolina Lawyers Weekly Staff
$3.019 Million Settlement
Construction defect/breach of fiduciary duty.
Principal injuries (in order of severity): Damages for the repair of condominium buildings, loss of use.
...
Verdicts & Settlements September 25, 2006: Teacher wins suit over racially hostile work environment.(Kandrac v. Charleston Co. School Dist. et al.)(Brief article)
September 25, 2006... Byline: South Carolina Lawyers Weekly Staff
$307,500 Verdict
Claim by public school teacher that the Charleston County School District condoned and subjected her to a racially hostile work environment and then retaliated against her...
Verdicts & Settlements September 25, 2006: Passenger settles dispute over insurance proceeds.(Owners Insurance Company v. Loftis et al.)
September 25, 2006... Byline: South Carolina Lawyers Weekly Staff
$825,000 Settlement
Negligence/auto.
Principal injuries (in order of severity): Multiple facial lacerations, closed head injury with loss of consciousness, mood disorder with mild...