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September 2023 Bonus Issue
Here is the September 2023 Bonus Issue as a free PDF.
Apartment complex tenant reports assault by trespasser; $725,000 settlement
Action: Apartment negligent security Injuries alleged: Physical, mental and emotional injuries Case name: Withheld Court/case no.: Withheld Mediator: Kurt Rozelsky Amount: $725,000 Date: June 23, 2023 Most helpful expert: Attorneys: Thomas M. Creech Jr. of Thomas Creech Law Offices, Greenville (for the plaintiff) The case involved an assault of an apartment tenant by a [&hel[...]
Charleston collision leaves plaintiff with several injuries; $800,000 settlement
Action: Motor vehicle collision Injuries alleged: Disc protrusion and an annular tear at L5-S1, disc bulge at C4-5, injuries to the shoulder and wrist, and a concussion. Case name: Adam Chapman v. John Kuhn Amount: $800,000 settlement and $159,251 special damages Date: July 14, 2023 Attorneys: Mark Bringardner of Bringardner Injury Law Firm, Charleston (for […]
Prisons & Jails – Parole Denial – Facts of Offense – Juvenile Offender – Exemplary Inmate
The appellant-inmate has been imprisoned for 50 years for a crime he committed at age 17. The jury recommended mercy, and there appears to be no dispute that appellant has been an exemplary inmate and demonstrated remorse, rehabilitation and a low risk for recidivism. While it seems that the review conducted by the Parole Board […]
Contract – Subcontractor’s Invoice – ‘Pay When Paid’ Provision – Unenforceable Condition Precedent
A provision in the contract between the defendant-general contractor and the plaintiff-subcontractor allowed the general contractor to withhold payment for the subcontractor’s work until the project owner paid the general contractor. This provision violated S.C. Code Ann. § 29-6-230’s clear prohibition on conditioning payment to a subcontractor upon the owner’s payment to the general contra[...]
Prisons & Jails – Parole Denial – Inmate’s Files – Right to Access
The Parole Board of the South Carolina Department of Probation, Parole and Pardon Services’ (the Board’s) Form 1212 says in part, “[I]nmates themselves have no right to inspect the contents of their files. If the inmate thinks his/her file is somehow incomplete or contains some errors or other inaccuracy, he/she must notify the Board of […]
Criminal Practice – Expert Witness – Cell Site Location Information – Rule 702 – ‘Textbook’ Qualification
In determining whether solicitor’s office investigator Dylan Hightower should be qualified as an expert in cell site location information, the trial judge delved deeply into the extent of Hightower’s education and into the complexity of his proposed testimony. From the trial judge’s “robust” examination of Hightower, this court can clearly see the trial judge understood [&hel[...]
Public Utilities – Ratemaking – Multiple Appeals – Reparations Surcharge – Appeals Bond or Other Arrangements
It took several appeals and several years for the appellant-utility to finally get the rate increase amount it had requested (though in a different configuration). Although the utility asserts that it was unable to afford an appeals bond for the whole of the appellate period, the Public Service Commission correctly determined that it lacked the […]
Contract – Real Estate Agent – Real Property Inspection – Release & Indemnity Provision
Our courts have upheld liability waivers executed prior to the activities which were subject to the waivers, e.g., paintball games, McCune v. Myrtle Beach Indoor Shooting Range, Inc., 364 S.C. 242, 612 S.E.2d 462 (Ct. App. 2005). Here, the plaintiff-buyer signed a contract containing a release of the defendant-real estate agent from claims including those […]
Domestic Relations – Civil Practice – Contempt – Undisclosed Debt
The family court’s “Final Order” said, “The parties shall strictly comply with the terms of the [final settlement a]greement or risk the contempt powers of the court.” Accordingly, the plaintiff-Wife’s rule to show cause gave the family court leave to enforce the unambiguous payment and indemnification terms of the Final Order by ordering the defendant-Husband […]
Contract – Credit Card – Consumer Protection Code – Account Stated
Plaintiff bought a charged-off debt from a credit card issuer and brought this action against defendant, the purported credit card debtor. We hold that consumer credit cards are “lender credit cards” and “consumer loans” pursuant to the South Carolina Consumer Protection Code, and plaintiff should have sent defendant a right to cure notice before filing […]
Arbitration – Nursing Home – Admission Contract – Separate Arbitration Agreement – Agency
While the Adult Health Care Consent Act gave patient Betty’s son, Kaileb, authority to sign a nursing home Admission Agreement on behalf of Betty, the AHCCA did not give Kaileb authority to sign a separate Arbitration Agreement on Betty’s behalf. Although Kaileb signed both agreements at the same time, the terms of the Arbitration Agreement […]
Business Law
- Economy forces attorneys to get down to business
- Business Court judges trawl for customers
- Va. company's Web site did not subject business to personal jurisdiction in S.C., appeals panel rules
- Former running back from S.C. wins courtroom victory in contract dispute
- Contract – Government Contract – Qui Tam – False Claims Act
- Tort – Business Tort – Va. Computer Crimes Act – Trade Secrets
- Consumer Protection – FCRA – Auto Loan – Bank Accounting Errors
- Licenses & Permits – Beer & Wine Permit – Restrictive Covenant – Suitable Location
- Licenses & Permits – Veterinarian – Vaccine Maintenance
- State regulators look at car dealer accused of lying to customers
- Textile firm, railroad settle Graniteville train wreck lawsuit
- Subprime mortgage meltdown hits securities law
Commentary
- High court justices cross the line of propriety
- High court’s term was rough on big business
- The flip side of generative AI in law and how to address it
- The fight for equal educational opportunity continues
- Letter From The Editor – Working from Home
- NLRB joins FTC in taking aim at non-competes
- Supreme Court leaves key internet protection untouched
- US Supreme Court bites back at parody’s use of the First Amendment
- My goal: Provide the information that you need now
- Case study: North Carolina courts provide guidance on scope, limitations of attorney-client privilege
- A Different Ode to Pro Bono Work
- N.C. Bar Association embraces homophobia
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