In this case involving a victim’s delayed disclosure about sexual abuse by her mother’s boyfriend, when the trial court decided to exclude a defense expert’s testimony about false memories, the court made the determinations required by Rule 702, SCRE, including ...
Read More »Criminal Practice — CSC with a Minor – Expert Testimony – False Memories – Violence against Others
Real Property — Church Property – Trusts – Church & Diocesan Canons – Conformity, Allegiance & Accession 
In a case involving property ownership in the aftermath of many parishes’ secession from the Episcopal Church in the United States of America (National Church), we interpret the five separate opinions entered in this court’s 2017 ruling on this case ...
Read More »Real Property – Church Property – Trusts – Church & Diocesan Canons – Conformity, Allegiance & Accession 
In a case involving property ownership in the aftermath of many parishes’ secession from the Episcopal Church in the United States of America (National Church), we interpret the five separate opinions entered in this court’s 2017 ruling on this case ...
Tagged with: real estate
Read More »Criminal Practice – Search & Seizure – Cell-Site Location Information – New Jersey Office – Probable Cause 
Thanks to Carpenter v. United States, 138 S. Ct. 2206 (2018), we now know that the Fourth Amendment’s warrant requirement applies to cell-site location information (CSLI). Although T-Mobile stored its CSLI records in New Jersey, since T-Mobile clearly does business ...
Read More »Insurance – Commercial Liability – Anti-Assignment Clause – Post-Loss Exception – Environmental 
Because the covered “occurrence” had already happened when an insured assigned its rights under its expired commercial liability policies to its successor in interest, pursuant to the post-loss exception, now adopted by this court, the insurers’ consent was not required ...
Read More »Attorneys – Discipline – Reprimand – Assault 
Respondent engaged in an argument with his wife, which escalated to the point that it was reasonable for his wife to fear imminent harm. Respondent was charged with felony first-degree domestic violence but entered a plea of no contest to ...
Read More »Attorneys – Discipline – Reprimand & Fine – Campaign Finance Law Violations 
After having provided certain political candidates the maximum political campaign contributions allowed, respondent personally funded another $184,000 in contributions through 14 limited liability companies, thereby violating S.C. Code Ann. § 8-13-1314, Rule 8.4(a), RPC (prohibiting misconduct) and 8.4(d) (prohibiting conduct ...
Read More »Attorneys – Discipline – Definite Suspension – Alcohol Abuse – Assault 
The respondent-attorney, who had been drinking, physically assaulted his girlfriend and was charged with third-degree assault and battery. He self-reported the charge, attended a 45-day inpatient treatment program, continued with outpatient treatment, attends Alcoholics Anonymous meetings, and has had his ...
Read More »Immigration – Applicant fails to show likelihood of torture in El Salvador 
Where the immigration judge or IJ, found that the threat of torture from MS-13, police and vigilante groups in El Salvador was less than 50%, both separately and in the aggregate, an applicant’s bid for protection under the Convention Against ...
Read More »Bankruptcy – Standard for Chapter 11 contempt is clarified 
Where the Supreme Court previously addressed the proper standard for holding a creditor in civil contempt for attempting to collect a debt that a Chapter 7 discharge order has immunized from collection, that rule also applied in a Chapter 11 ...
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