South Carolina Lawyers Weekly

Where a West Virginia statute governing the order in which candidates’ names appear on state election ballots was neutral and nondiscriminatory, and any modest burden on the Democratic Party’s rights was justified by the state’s interests in promoting efficiency and ...

Where enrollees in the North Carolina State Health Plan for Teachers and State Employees, or NCSHP, alleged the plan violated the Affordable Care Act by categorically denying coverage for gender dysphoria treatments, NCSHP, which accepts federal funds, is not entitled ...

Where the government contractor did not supervise plaintiff’s work product, determine her hours or provide her with equipment necessary to perform her duties, it lacked the degree of control over the essential terms and conditions of her work necessary to ...

Although the Fairfax County School Board urged the entire Fourth Circuit to rehear an appeal involving its liability for student sexual misconduct, it failed to garner a majority of the judges in regular active service and not disqualified. Background A ...

Where Dylan Roof, a white supremacist who pleaded guilty to killing nine members of a Charleston, South Carolina, church, made multiple challenges to his death sentence, including that he lacked competency to stand trial, that it was error to allow ...

After law enforcement agents informed defendant of his Miranda rights and obtained his waiver of those rights, the agents told defendant that anything he said would be confidential. Although interrogating officers may sometimes make false representations concerning the facts surrounding ...

After the plaintiff-law firm negotiated a workers’ compensation settlement for its claimant-client but before it received any fees, the client dismissed the law firm. Even though the Workers’ Compensation Commission failed to notify the firm of a hearing at which ...

BY CHRISTOPHER F. EARLY “In most organizations, the bottleneck is at the top of the bottle.” — Peter Drucker If someone else can do something 70% as well as you can, delegate it. As lawyers, we tend to try to ...

The death of the witnesses to a non-self-proving will does not prohibit the probate of the will because the proponent of the will may present “other evidence” of due execution. S.C. Code Ann. § 62-3-406. Here, the proponents of their ...

When plaintiffs settled with other defendants in this mesothelioma case, they released all future claims, including wrongful death. Even though the settlement agreement itself did not allocate settlement funds, after plaintiffs obtained a judgment against the non-settling defendants, in order ...