Carter v. Verizon Wireless (Lawyers Weekly No. 011-035-14, 9 pp.) (Cureton, A.J.) Appealed from Greenville County Circuit Court (D. Garrison Hill, J.) S.C. App. Holding: Claimant’s and her doctor’s testimony can be read to indicate that the condition which has ...Read More »
Constitutional – Separation of Powers – Appropriations Act – Line Item Veto – Administrative – CON Act – Funding Cut
Amisub of South Carolina, Inc. v. South Carolina Department of Health & Environmental Control (Lawyers Weekly No. 010-042-14, 20 pp.) (Jean Hoefer Toal, Ch.J.) (Costa Pleicones, J., dissenting) S.C. S. Ct. Holding: The governor’s veto of a line item ...Read More »
Zoning – Adult Entertainment – Constitutional – First Amendment – Time, Place & Manner Restrictions – Licenses & Permits
MJJG Restaurant, LLC v. Horry County (Lawyers Weekly No. 002-089-14, 39 pp.) (Mary Lewis, J.) 4:13-cv-00885; D.S.C. Holding: Although prior restraints on speech are generally disfavored, Horry County’s time, place and manner restrictions on adult entertainment fall within an exception ...Read More »
Intellectual Property – Copyright Infringement Claim – Architectural Plans – Contract – Exclusive Franchise – Standing
Monterey Bay Homes, LLC v. Chambers (Lawyers Weekly No. 002-088-14, 21 pp.) (R. Bryan Harwell, J.) 4:12-cv-00891; D.S.C. Holding: Pursuant to a franchise agreement, plaintiff has an exclusive license to build and sell homes in Horry County using Arthur Rutenberg ...
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U.S. v. Galloway (Lawyers Weekly No. 14-01-0355, 16 pp.) (Niemeyer, J.) No. 12-4545, April 15, 2014; USDC at Baltimore, Md. (Bennett, J.) 4th Cir. Holding: A drug defendant’s complaints about his first retained lawyer’s conduct of his case have failed ...Read More »
U.S. v. Cobler (Lawyers Weekly No. 14-01-0353, 26 pp.) (Keenan, J.) No. 13-4170, April 11, 2014; USDC at Harrisonburg, Va. (Urbanski, J.) 4th Cir. Holding: The 4th Circuit upholds a 120-year sentence for a 28-year-old man convicted of production, possession ...
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Lytes v. Smith (Lawyers Weekly No. 002-086-14, 21 pp.) (Margaret Seymour, Sr.J.) 3:12-cv-01672; D.S.C. Holding: A cell tower repairman’s Fourth Amendment rights were not violated when police officers – who had received a report that someone was trying to break ...
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State v. Portillo (Lawyers Weekly No. 011-034-14, 9 pp.) (Paul Short Jr., J.) Appealed from Dorchester County Circuit Court (Diane Schafer Goodstein, J.) S.C. App. Holding: Even though the trial court erred when it qualified a forensic interviewer as an ...
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Insurance – Auto – UIM – ‘Driver’ & ‘Household Resident’ – Named Insured’s Fiancé – Doctrine of Reasonable Expectations – Common Law Marriage
Bell v. Progressive Direct Insurance Co. (Lawyers Weekly No. 010-041-14, 15 pp.) (Jean Hoefer Toal, Ch.J.) (Costa Pleicones, J., concurring in the result only without separate opinion) Appealed from Horry County Circuit Court (J. Michael Baxley, J.) On writ of ...
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