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Jury finds no support for plaintiffs’ subflooring-based demand (access required)

By David Donovan
Published: May 24,2013

Two West Columbia homeowners looking for an extreme makeover will collect no damages from the contractors that renovated their home after jurors returned a verdict for the defense on all counts.


DSS, placement service settle sex abuse suit with disabled child (access required)

By Phillip Bantz
Published: May 24,2013

At age 10 the boy already had a thick and disturbing social services case file. He’d taken a knife and stabbed his older brother in the left eye and had a habit of plucking the left eyes from his dolls. He was cruel to animals, started fires at school and had a history of being sexually inappropriate with other children.


But, Mum, it’s always raining in England (access required)

By Amber Nimocks
Published: May 24,2013

Parents arguing over the custody of children will throw just about anything into the evidentiary mix, including the weather. During her recent hearing of a petition for the return of two elementary school-age boys to their mother in England, U.S. District Court Judge J. Michelle Childs sorted through the standard accusations of inadequate parenting lodged [...]


Association for the Advancement of Archaic Acronyms (access required)

By David Donovan
Published: May 24,2013

When forced to weigh in on an otherwise boring topic like the statutory ambiguity that concerns the scope of a federal agency’s jurisdiction, (no, wait, don’t fall asleep!) it helps to inject a little levity into the opinion. That’s what U.S. Supreme Court Justice Antonin Scalia did in the footnote of the court’s decision in [...]


I was at home … watching, um, some crime show (access required)

By Amy Stevens
Published: May 24,2013

Make fun if you want, but some of us here really dig distinguished thespian Mark Harmon, star of the excellent CBS drama “NCIS.” We can spot a Harmon link to just about anything. So imagine our delight when a recent case out of the South Carolina Supreme Court gave us the opportunity. Clarence Gibbs of [...]


Gather ‘round children (access required)

By Phillip Bantz
Published: May 24,2013

While some might think it cruel to make kids learn what lawyers and judges do, A Florida lawyer named Jacqueline J. Buyze believes the opposite is true. She’s written a series of rhyming children’s books about the judiciary, After her little nephew told her he thought lawyers were scary. … All right, that’s about all [...]


Heeding clients’ red flags will mean more green in the long run (access required)

By Michael Hammond
Published: May 24,2013

If you, like many of your colleagues, have stocked your practice with clients who aren’t a good fit, you’ll spend much of your career feeling frustrated, unappreciated and resentful — and never realizing your full income potential. Our research with many lawyers over many years shows that if you applied the Pareto Principle, also known as the “80/20 rule,” to your client base, you would probably find that 80 percent of your income comes from 20 to 40 percent of your clients, who take up only 20 to 40 percent of your time.


Court: ‘Strong interest in access’ trumps Honda’s desire for confidentiality (access required)

By Amy Stevens
Published: May 24,2013

The U.S. District Court for South Carolina has ruled that the public’s right to access information outweighs a defendant’s right to enforce a confidentiality agreement that would have redacted the settlement amount in a wrongful death case. Plaintiff Michelle Martin of Greer brought the action against defendant American Honda Motor Company, Inc. after her husband Gerald Martin died in 2011 while operating a power buffer at work.


Court rules homeowners pass ‘manifest disregard’ test (access required)

By David Donovan
Published: May 24,2013

It was a craftily semantic legal defense. A Lexington-based general contractor that built a home without a valid license argued that it wasn’t unlicensed—it was merely “under-licensed.” That reasoning made perfect sense to an arbiter who allowed the company to enforce its contract for the unlicensed work in defiance of state law, but the South Carolina Supreme Court overturned the decision, ruling that the arbiter had acted in “manifest disregard” of the law.


Lawyering for Judges: For SC magistrates no law degree is no problem, most of the time (access required)

By Phillip Bantz
Published: May 24,2013

It’s not every day that a judge publicly admits he committed a string of serious blunders on the bench because he was ignorant of the law. But that’s exactly what former magistrate Arthur Tuggle Bryngelson did earlier this month after being reprimanded by the South Carolina Supreme Court in the wake of his suspension and resignation.


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