Recent Articles from Jeff Jeffrey
Charleston construction case nets $7.2M award
A Charleston County jury has slapped John Wieland Homes and Neighborhoods with a $7.2 million verdict in a lawsuit that claimed 105 townhomes built by the company suffered from faulty construction and inferior craftsmanship. The jury returned the verdict on Jan. 30, following a six-day trial. John Hayes of the Hayes Law Firm in Charleston, […]
IRS need not explain rejection of a deduction
Even though the Internal Revenue Service failed adequately to explain its decision, the 4th U.S. Circuit Court of Appeals has upheld the IRS’ rejection of $117.8 million in salary and wage deductions claimed by a defense contractor. QinetiQ U.S. Holdings Inc. maintained that it was entitled to a tax deduction for the value of the […]
Tips are wages: Ruling may boost damages, provide new way to recover
Attorneys who represent service industry employees are cheering a recent opinion out of the federal court in Charleston, which determined that tips qualify as wages under the South Carolina Payment of Wages Act. U.S. District Judge David Norton said there was nothing in the SCPWA that wages must come from an employer. In fact, “a […]
Homeowners could benefit from decision on homestead
Thousands of elderly homeowners in South Carolina might be entitled to receive property tax refunds under a new state Court of Appeals decision. In a Dec. 21 decision in Mead v. Beaufort County Assessor, the court embraced the idea that South Carolina dwellings do not need to maintain primary-residence status in order to benefit from […]
Bill would charge for access to porn
Lonely nights at home might get a little more expensive if state Rep. Bill Chumley, R-Spartanburg, gets his way. Chumley has introduced a bill that would require manufacturers to install content filters on all computers and devices that access the internet that prevent users from viewing obscene content, including pornography. The Human Trafficking Prevention Act […]
Client’s desire for appeal trumps ‘lack of merit’
The South Carolina Supreme Court recently issued a reminder to lawyers in the state. If a client asks them to file a notice of appeal, they are required to do so—regardless of whether the appeal has any merit. In a Dec. 7 per curiam opinion, the Supreme Court held that an attorney who secured a […]
Death penalty case hinges on jury questions
Attorneys for a man convicted of murdering his estranged wife say they plan to ask the state Supreme Court to reconsider a recent decision that reinstated the death sentence against their client. The South Carolina Supreme Court’s Nov. 23 decision in Winkler v. State overturned a lower court ruling to grant Louis Winkler post-conviction relief […]
Jury charge in sexual assault cases no longer allowed
The South Carolina Supreme Court wants trial courts to take note: They are no longer allowed to instruct juries in criminal sexual assault cases that the testimony of the victim doesn’t need to be corroborated. A Nov. 2 per curiam opinion reiterated the Supreme Court’s holding from earlier this year that instructing juries on S.C. […]
No bar to discipline
The South Carolina Court of Appeals has rejected a social worker’s claim that the quasi-judicial immunity provided to Guardians ad Litem should have precluded a disciplinary action against her. The appeals court found that extending quasi-judicial immunity to disciplinary proceedings would hamper the State Board of Social Work Examiners’ ability to protect the public. The […]
Teens’ family recovers $6.1M in death settlement
The family of a South Carolina teenager who was killed in a single-car collision will receive $6.1 million under a settlement. Christopher Hart of the Hart Law Firm in Columbia, who represented the plaintiffs in the case, said the Aug. 31 settlement agreement required many of the details about the wrongful death case to be […]
Burnette to get S.C. Women Lawyers group’s highest honor
Callison Tighe partner M. Malissa Burnette has never been one to hold her tongue when she sees people being treated unfairly. In fact, she said her death will likely be caused by “being sarcastic at the wrong moment.” But Burnette’s willingness to take on tough battles on behalf of her clients was exactly what the […]
Smuggling scheme may land prison guard on wrong side of the bars
They say that in prison, there’s always someone who can get you whatever contraband you’re looking for. Typically, however, that person isn’t one of the corrections officers keeping watch over the inmates. But at the Federal Correctional Institution in Bennettsville, Officer Angela McLeod, 44, was allegedly the go-to person. McLeod pleaded guilty to federal bribery […]
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
- Licenses & Permits – Beer & Wine Permit – Restrictive Covenant – Suitable Location
- Consumer Protection – FCRA – Auto Loan – Bank Accounting Errors
- Licenses & Permits – Veterinarian – Vaccine Maintenance
- Tort – Business Tort – Va. Computer Crimes Act – Trade Secrets
- Textile firm, railroad settle Graniteville train wreck lawsuit
- State regulators look at car dealer accused of lying to customers
- Subprime mortgage meltdown hits securities law
Commentary
- Stericycle decision forces evaluation of policies, practices
- Are workplace DEI policies still legal after SCOTUS decisions?
- Court cases add new twists to legal language
- It’s all business, especially the busyness
- Virginia Tech student got due process in hearing
- 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