South Carolina Lawyers Weekly articles from September 2007

South Carolina Lawyers Weekly archives from September 2007

South Carolina Lawyers in the News: September 3, 2007.
September 3, 2007... Byline: South Carolina Lawyers Weekly Staff Zisk, Haynes promoted to associate professors at Charleston law school Two educators at the Charleston School of Law have been promoted to become associate professors, Dean Richard Gershon...

N.C. Supreme Court adopts Restatement, dumps attractive nuisance.(North Carolina Supreme Court)
September 3, 2007... Byline: Gregory Froom The Supreme Court has dissolved the distinction between the torts of attractive nuisance and unguarded dangerous condition in deciding the case of a boy who drowned in a Georgetown County canal. In place of the...

N.C. Supreme Court says husband couldn't raise laches to defend past-due alimony claim.(North Carolina)
September 3, 2007... Byline: Gregory Froom Laches did not bar a Lee County woman from collecting $225,000 in back alimony, even though she accepted reduced payments -- or none at all -- from her ex-husband for 14 years, the Supreme Court has ruled. The...

N.C. Supreme Court says recovery for intangibles in loss-of-consortium claim barred for parents.(North Carolina Supreme Court)
September 3, 2007... Byline: Gregory Froom The parents of a 14-year-old girl who had sex with a substitute teacher could not recover damages for loss of consortium from the Greenville County School District, the Supreme Court has ruled. The apparent...

You've got mail - and legal problems.
September 3, 2007... Byline: Kimberly Atkins, Dolan Media Newswires It's fast, easy, and for some, completely irresistible. In fact, you've probably done it several times today already, as has nearly everyone you work with. But as convenient and efficient...

S.C. Court of Appeals Case Summaries: September 3, 2007.(South Carolina Court of Appeals)
September 3, 2007... Byline: South Carolina Lawyers Weekly Staff Domestic Relations Child Support Reduction - Calculation Of Amount - Guidelines The Family Court properly granted the mother's request for a reduction in child support since the court had...

S.C. Supreme Court Case Summaries: September 3, 2007.(South Carolina Supreme Court)
September 3, 2007... Byline: South Carolina Lawyers Weekly Staff Appeals Jurisdiction - Statute Ambiguity - Workers' Compensation The amendments set forth in Act 111 do not apply to an injury that occurred prior to July 1, 2007, since jurisdiction over...

U.S. Court of Appeals 4th Circuit Case Summaries: September 3, 2007.(United States Court of Appeals for the 4th Circuit)
September 3, 2007... Byline: South Carolina Lawyers Weekly Staff Administrative Medicaid Reimbursement - Supplemental Payments - Emergency Services A health center that serves poor residents on the Eastern Shore of Maryland wins its appeal claiming the...

Verdicts & Settlements September 10, 2007: Woman injured in collision recovers UIM benefits.(uninsured motorist coverage)(Rivas v. Wheeler)(Brief article)
September 10, 2007... Byline: South Carolina Lawyers Weekly Staff $85,000 verdict The plaintiff was hit head on by the defendant. The plaintiff incurred $16,840 in medical bills and $1,315 in lost wages. The plaintiff received the policy limits of $50,000...

Verdicts & Settlements September 10, 2007: Man wins suit against car rental agency.(Thrifty Car Rental)
September 10, 2007... Byline: South Carolina Lawyers Weekly Staff $400,000 verdict Plaintiff sued Thrifty Car Rental for false arrest/false imprisonment, malicious prosecution and intentional infliction of emotional distress after Thrifty had him arrested...

Lay judgment collector engaged in practice of law despite 'assignment', rules S.C. Supreme Court.(Glen LaConey)(South Carolina Supreme Court)
September 10, 2007... Byline: Gregory Froom A Columbia layperson engaged in the unauthorized practice of law when he tried to collect on a judgment for a third party -- even though he couched the arrangement as an assignment, not a fee agreement, the Supreme...

Tenant-in-common offerings complex, but practitioners say tax benefits worth the effort.
September 10, 2007... Byline: Stephen I. Burr, Dolan Media Newswires If you are a real estate, tax or securities lawyer, you may have "bumped" into tenant-in-common offerings lately. Perhaps a real estate client asked about how to do such an offering. Maybe a...

Attorneys step in to help homeowners avoid foreclosure.
September 10, 2007... Byline: Reni Gertner, Dolan Media Newswires As the number of foreclosures across the country skyrockets, attorneys are stepping in to help clients keep their homes. In most instances, something can be done to stop a foreclosure, said...

ABC's 'Extreme Makeover: Home Edition' uses loophole to help winners avoid taking tax hit.(American Broadcasting Companies Inc.)
September 10, 2007... Byline: Adam Johnson, Dolan Media Newswires With the completion of the Swenson-Lee home in Minnetonka, Minn., ABC's "Extreme Makeover: Home Edition" has given 100 families mortgage-free homes beyond their wildest dreams. But how do the...

S.C. Court of Appeals Unpublished Case Summaries: September 10, 2007.(South Carolina Court of Appelas cases on Alexander's Land Co., LLC v. M&M&K Corp.; Robinson v. Anderson News Co.)(Case overview)
September 10, 2007... Byline: South Carolina Lawyers Weekly Staff Real Property Real Estate Purchase - Option - Specific Performance A purchaser was entitled to specific performance since it properly exercised the option, but for the condition...

S.C. Supreme Court Case Summaries: September 10, 2007.(South Carolina)(Case note)
September 10, 2007... Byline: South Carolina Lawyers Weekly Staff Civil Judgment Collection - Unauthorized Practice Of Law An individual who attempted to collect a judgment engaged in the unauthorized practice of law since he did many things on behalf...

U.S. Court of Appeals 4th Circuit Case Summaries: September 10, 2007.(Martin v. Stewart)(Case overview)
September 10, 2007... Byline: South Carolina Lawyers Weekly Staff Civil Procedure Jurisdiction - Burford Abstention - Video Poker - S.C. Law A District Court erred in abstaining under Burford v. Sun Oil Co., 319 U.S. 315 (1943), in refusing to consider...

U.S. District Court Case Summaries: September 10, 2007.(Builders Mutual Ins. Co. v. The Burton Co., Inc.)(Fidelity and Guaranty Ins. Underwriters, Inc. v. Robert W. Booher Construction, Inc.)(Case overview)
September 10, 2007... Byline: South Carolina Lawyers Weekly Staff Insurance CGL Policies - Certified Question - Workmanship - Moisture Damage The District Court ruled in Builders Mutual Ins. Co. v. The Burton Co., Inc. (Lawyers Weekly No. 002-013-07)...

Verdicts & Settlements September 10, 2007: Rollover wreck results in settlements.
September 10, 2007... Byline: South Carolina Lawyers Weekly Staff $1,829,583 settlement, plus confidential sum On April 11, 2003, Geraldine Smith, Betty R. Collier and Bessie I. Bonds were passengers in a 1997 Ford van owned by Trinity AME Zion Church and...

Verdicts & Settlements September 10, 2007: Mediated settlement reached in dispute with VA Hospital.(Dorn Veterans Affairs Medical Center)(Brief article)
September 10, 2007... Byline: South Carolina Lawyers Weekly Staff $950,000 settlement Medical malpractice case. Principal injuries (in order of severity): Bilateral leg amputation at the hips. Special damages: n/a Tried or settled: Settled in...

Verdicts & Settlements September 10, 2007: Condo owners settle mold-intrusion claims.(Avian Forest Development in Litchfield Beach )
September 10, 2007... Byline: South Carolina Lawyers Weekly Staff $1.9 million settlement The owners of 11 units in the Avian Forest Development in Litchfield Beach area resolved their actions against defendants for $1.9 million. Principal injuries (in...

Verdicts & Settlements September 10, 2007: Investment co. wins breach of fiduciary duty counterclaim.(Golf Trust of America Inc.)(Brief article)
September 10, 2007... Byline: South Carolina Lawyers Weekly Staff $3,876,856 verdict Breach of fiduciary duties, breach of contract, civil conspiracy. Principal injuries (in order of severity): Failure to disclose potential conflict of interest and...

South Carolina Lawyers in the News: September 10, 2007.(Working Mother Media Inc. and Flex Time Lawyers LLC's survey on Womble Carlyle Sandridge & Rice, PLLC)
September 10, 2007... Byline: South Carolina Lawyers Weekly Staff Womble Carlyle among best law firms for women, 'Working Mother' says Womble Carlyle Sandridge & Rice, PLLC, has been named as one of the "best law firms for women" by Working Mother magazine...

South Carolina man wins false imprisonment claim against rental agency.(John Fuller; GSP Transportation Inc.)
September 10, 2007... Byline: Gregory Froom A Spartanburg man who was hauled away in handcuffs even though he was trying to return his overdue rental van has won a $400,000 verdict against Thrifty Car Rental for false imprisonment and malicious prosecution. ...

Federal judge certifies question about CGL coverage for moisture damage.(C. Weston Houck on Commercial General Liability)
September 10, 2007... Byline: Gregory Froom In an attempt to clear up some of the fog enshrouding commercial general liability coverage in the aftermath of the L-J, Inc. decision, a U.S. District judge has certified questions to the S.C. Supreme Court in two...

Firms finding gay-friendly policies good for the bottom line.(law firms)
September 17, 2007... Byline: Dick Dahl, Dolan Media Newswires Daniel Attaway, a third-year law student at Chicago-Kent College of Law, is hoping to launch his legal career next year in a firm with a solid IP practice. But as a young gay man, he's also...

Supreme Court of South Carolina Orders: September 17, 2007.(Brief article)
September 17, 2007... Byline: South Carolina Lawyers Weekly Staff ORDER Pursuant to Article V, Sect. 4 of the South Carolina Constitution, Rule 403(c)(4), SCACR, is hereby amended to state as follows: (4) one (1) trial experience which must be either a...

Federal E-discovery Amendments.(federal rules of civil procedure)(Legislation)
September 17, 2007... Byline: South Carolina Lawyers Weekly Staff Following are Federal Rules of Civil Procedure that directly address electronic discovery: RULE 16(b)(5) Rule 16: Pretrial Conferences; Scheduling; Management (b) Scheduling and...

S.C. Supreme Court Case Summaries: September 17, 2007.(South Carolina)
September 17, 2007... Byline: South Carolina Lawyers Weekly Staff Attorney Disciplinary Matter Murder - Disbarment An attorney convicted of murder and pointing and presenting a firearm is disbarred from the practice of law in this state, the Supreme...

U.S. Court of Appeals 4th Circuit Case Summaries: September 17, 2007.(Case overview)
September 17, 2007... Byline: South Carolina Lawyers Weekly Staff Criminal Guilty Plea Withdrawal - 'Provisional' Acceptance Although a District Court told the defendant during his Rule 11 plea colloquy that his plea of guilty to a firearm charge was...

S.C. Workers' Compensation Case Summaries: September 17, 2007.(South Carolina)(Case overview)
September 17, 2007... Byline: South Carolina Lawyers Weekly Staff Workers' Compensation Subcontractor - Certificate Of Coverage - Right To Rely An insurer is estopped from denying coverage for benefits paid under the act to the claimant since the...

S.C. Lawyers in the News: September 17, 2007.(South Carolina)
September 17, 2007... Byline: South Carolina Lawyers Weekly Staff Attorney Philip Lader has been reappointed to a second three-year term on the Harvard Law School's board of visitors. A partner based in Nelson Mullins Riley & Scarborough's Charleston office,...

Electronic data discovery poses challenges.(Nextra Litigation Solution)
September 17, 2007... Byline: Fred Horlbeck In 2003, a company called Nextra Litigation Solutions, a subsidiary of the Nexsen Pruet law firm, opened an office in downtown Columbia and began an experiment combining business, law and technology. The mission...

E-discovery prompts review of procedure rules.(electronic discovery)
September 17, 2007... Byline: Fred Horlbeck In December 2006, the digital age gained official recognition as a major force in the practice of law as amendments to the Federal Rules of Civil Procedure made it clear that electronic discovery is here to stay. ...

Agent's misrepresentations make Ga. insurer liable for S.C. comp claim, rules Workers' Comp Comm.(Georgia insurer )(South Carolina compensation claim rules)(Workers' Compensation Commission)(Case overview)
September 17, 2007... Byline: Gregory Froom A workers' comp insurance carrier is on the hook for a claim related to a fall at a Georgetown construction site, even though its policy was limited to Georgia, the Workers' Compensation Commission has ruled. The...

S.C. court's pilot program gets down to business Oct.1.(South Carolina)(Charleston, Greenville and Richland County Courts)
September 17, 2007... Byline: Gregory Froom Courthouses in three of the state's most metropolitan counties -- Charleston, Greenville and Richland -- will install a priority lane for complex commercial cases under a pilot program set to launch next month. ...

The Supreme Court of South Carolina Re: Business Court Pilot Program.
September 17, 2007... Byline: South Carolina Lawyers Weekly Staff Pursuant to the provisions of S.C. Const. Art. V Sect. 4, I find that the South Carolina Bar has petitioned the Supreme Court of South Carolina to create a pilot program establishing a...

U.S. District Court Case Summaries: September 24, 2007.(United States)(Case overview)
September 24, 2007... Byline: South Carolina Lawyers Weekly Staff Employment Sexual Harassment - Hostile Work Environment - Second- Hand Claim A mother's hostile work environment claim based on the alleged sexual harassment of her daughter at their...

South Carolina Bar Ethics Advisory Opinion: September 24, 2007.
September 24, 2007... Byline: South Carolina Lawyers Weekly Staff Upon the request of a member of the South Carolina Bar, the Ethics Advisory Committee has rendered this opinion on the ethical propriety of the inquirer's contemplated conduct. This Committee has...

'Heir's property' option remains valid despite lack of expiration date, S.C. Appeals Court rules.(South Carolina)
September 24, 2007... Byline: Gregory Froom An option to purchase 58 acres of "heir's property" in Jasper County was enforceable even though it lacked an expiration date, the Appeals Court ruled Sept. 18. The agreement implied that it would be valid for a...

Attorneys may threaten criminal action while trying to collect on bad checks, rules S.C Bar.(South Carolina)
September 24, 2007... Byline: Gregory Froom An attorney would not run afoul of ethics rules if he sent out a letter that threatened criminal prosecution while trying to collect on bad checks for a client, the Bar's ethics advisory committee has ruled. A...

Federal judge tosses S.C. woman's 'second-hand' harassment lawsuit.(South Carolina)
September 24, 2007... Byline: Gregory Froom A finance clerk whose daughter was allegedly sexually harassed at the Columbia car dealership where they both worked could not recover on her Title VII gender discrimination claim, the U.S. District Court has ruled....

Law firms and legal departments going offshore to cut costs.
September 24, 2007... Byline: Dick Dahl, Dolan Media Newswires Law firms and legal departments looking for ways to cut their costs are turning increasingly to other countries — primarily India — to take over some of their work. Forrester...

S.C. Court of Appeals Case Summaries: September 24, 2007.(South Carolina)(Case overview)
September 24, 2007... Byline: South Carolina Lawyers Weekly Staff Contract Option To Purchase Real Property - Date Of Expiration - Validity SCE&G has a valid and enforceable option despite its having no date of expiration since the court can imply that...

S.C. Supreme Court Case Summaries: September 24, 2007.(South Carolina)(Case overview)
September 24, 2007... Byline: South Carolina Lawyers Weekly Staff Criminal Robbery - Photographic Lineup - Ineffective Assistance Of Counsel The PCR Judge erred in finding the issue of whether the petitioner had dreadlocks at the time of the robbery was...

U.S. Court of Appeals 4th Circuit Case Summaries: September 24, 2007.
September 24, 2007... Byline: South Carolina Lawyers Weekly Staff Criminal Fair Trial - Suggestive Photo Array - Reliable ID A defendant's conviction of possession of a firearm as a convicted felon is affirmed despite his claim that a key witness's...