A trial court erred when it refused to instruct the jury on the definition of second-degree criminal domestic violence (CDV) and moderate bodily injury as part of its first-degree CDV jury instruction, a panel of the South Carolina Court of ...
Tagged with: jury
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Applicants for state agricultural permits were required to apply for a federal permit, despite the Department of Health and Environmental Control’s issuance of a “no discharge” permit, a panel of the South Carolina Court of Appeals has ruled, reversing an ...
Tagged with: Court of Appeals
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A district court properly approved the settlement of a long-running class action lawsuit brought by life insurance policyholders, the 4th U.S. Circuit Court of Appeals has ruled, rejecting the objection by a single policyholder and laying down for the first ...
Tagged with: Class Action
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An emergency medical services employee adequately alleged a violation of the Fair Labor Standards Act under the theory of “overtime gap time,” the 4th U.S. Circuit Court of Appeals has ruled in reversing summary judgment for the employer. The district ...
Tagged with: 4th Circuit
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A joint tenancy with a right of survivorship was not severed by the signing of a purchase agreement, allowing one party to keep all the proceeds from a sale after the death of the other owner, a panel of the ...
Tagged with: landlord/tenant
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A pair of energy companies can be reimbursed for certain costs but not for environmental compliance costs associated with North Carolina law nor litigation costs incurred in defense against various lawsuits, the South Carolina Supreme Court has ruled, affirming ...
Tagged with: reimbursement
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The 4th U.S. Court of Appeals has revived a worker’s claim of same-sex sexual harassment, joining its sister circuits in holding that such plaintiffs aren’t limited to three distinct evidentiary options to make their claims. Chazz Roberts was hired as ...
Tagged with: same-sex sexual harassment
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Overruling decades of precedent, the South Carolina Supreme Court has abolished the requirement of pleading special damages as an element of a civil conspiracy claim, finding that it resulted from a “misinterpretation of law.” Leisel Paradis, a former teacher ...
Tagged with: Civil Conspiracy
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The death of a motel housekeeper who was required to live at the motel and was murdered in an armed robbery was compensable under South Carolina’s Workers’ Compensation Act because her murder arose from her employment there, the state’s ...
Tagged with: Workers' Compensation
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Neither of the two powers of attorney granted to the daughter of a nursing home resident conferred the authority to sign an arbitration agreement on her father’s behalf, the South Carolina Supreme Court has ruled, reversing a decision by ...
Tagged with: Power of Attorney
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South Carolina Lawyers Weekly
