South Carolina Lawyers Weekly

Where NIKE stopped an advertising campaign after the district court found it infringed on Fleet Feet’s trademarks, NIKE’s cessation of the campaign mooted its appeal of the preliminary injunction. Background In 2019, NIKE Inc., NIKE USA Inc. and NIKE Retail ...

Where a defendant convicted of murder, burglary, kidnapping and related crimes previously claimed that his trial counsel’s performance was constitutionally deficient, and the state post-conviction court rejected that claim, he could not introduce new evidence in his federal habeas petition. ...

Where the police legally stopped and searched a vehicle in which the defendant was a passenger and found 300 grams of fentanyl that neither he nor the driver claimed, it was “entirely reasonable” to conclude the occupants were in a ...

Where defendants were granted reductions in their terms of supervised release under the First Step Act, the district court erred in not providing explanations for its decisions. Background Timothy McDonald, Anthony Ballard and Riccardo Mercellus Davey appeal district court orders ...

Where a man who pleaded guilty to possession of child pornography was barred from working in “any type of employment without the prior approval of the probation officer,” and no explanation was provided for why this restriction was relevant to ...

Although a fuel supplier had already entered into a settlement agreement with a vessel charterer who failed to pay for fuel, that settlement did not prevent the supplier from enforcing a maritime lien against the vessel. Background Addax Energy SA ...

Where a food manufacturer prevailed on its breach of contract counterclaim because its contract with a food buyer was unambiguous, the decision was affirmed. The decision found that even if the contract was ambiguous, it led to the same result, ...

In this dispute over whether the defendant-service station has a prescriptive easement over a roadway that crosses plaintiff’s land, plaintiff argues the service station failed to establish the identity of the thing enjoyed because the roadway terminates on another’s property ...

Where the State Action Statute, S.C. Code Ann. § 15-77-300, authorizes an award of attorney’s fees “In any civil action brought by … any political subdivision of the State,” the statute does not encompass contested administrative cases. We reverse the ...

Even though the defendant Military Department violated the Subcontractors’ and Suppliers’ Payment Protection Act by failing to require the defendant-general contractor to obtain a payment bond, since the department had already paid the contractor the total amount due on the ...