Homeowners can exercise their right to rescind a mortgage under the Truth in Lending Act by providing written notice of rescission within the three-year statutory window, and need not file a lawsuit within that period, the 4th U.S. Circuit Court of Appeals has ruled.Read More »
The laws of supply and demand may apply to legal education after all. Eight years ago, over 100,000 students applied to law school nationally, but this year, in the face of relentlessly downbeat news about the employment prospects for lawyers, applications have cratered. Only about 67,000 applicants are expected—but the number of accredited law schools is higher than ever.Read More »
In its tort reform act of 2005, the South Carolina legislature created new procedural hurdles for patients to clear before they could file suit for medical malpractice. On May 7, the South Carolina Supreme Court declined an opportunity to erect an additional one. After Willie James Fee died in the care of Piedmont Medical Center in 2009, his estate brought a medical malpractice claim against the hospital, alleging that its failure to monitor and treat Fee for bedsores and sepsis contributed to his death.Read More »
The atmosphere in law school admissions offices these days is downright dreadful. Applications to law school are down 15 percent from this time last year, according to the Law School Admission Council, and down by a third from eight years ago. The projected number of law school applicants for fall of 2012 would be the lowest since 1996, when there were 21 fewer law schools nationally and 16 percent fewer seats to fill. If applications remain depressed nationally, it will raise acceptance rates or reduce the total number of seats at law schools—and maybe both. But experts say two factors are mitigating what would otherwise by an even steeper drop: federal student loan money, and students’ unerring faith in their own ability to beat the odds.Read More »
In any litigation, getting attorneys’ fees from the other side is always a victory. In a case of first impression, a federal court has taken a South Carolina case that allows insured parties to sue insurers for legal fees in trial court and extended it to the appellate level—and the fees are really starting to pile high.
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In politics, it’s known as the non-apology apology. North Carolina political strategist Ed Rapp offered one in the wake of an accusation he posted on his blog about Brunswick County (N.C.) Superior Court Judge Ola M. Lewis. But it didn’t help: The North Carolina Court of Appeals ruled that Rapp couldn’t be sued for his initial mistake, but when he stuck to his guns in the apology, even knowing he was wrong, he committed libel per se.
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Controversial “tweets” caused North Carolina clothing company Hanesbrands last year to terminate its agreement with Pittsburgh Steelers running back Rashard Mendenhall to endorse its Champion brand of athletic wear. Mendenhall is now suing Hanesbrands for breach of contract, and won a key ruling last week in federal court allowing the lawsuit to proceed.Read More »
Just a year after Florida passed the nation’s first “Stand Your Ground” law in 2005, South Carolina enacted its own expanded self-defense statute. And now in both states a shooting death has focused fresh attention on the law – and calls for its repeal.Read More »
Of the 55 words in North Carolina’s proposed constitutional amendment on marriage, three carry much potential for confusion: “domestic legal union.” As family law attorneys ponder how the amendment, if approved on May 8, would affect practice in areas like domestic violence, child custody and end-of-life decisions, they tend to focus on that phrase.Read More »