South Carolina Lawyers Weekly

Although a woman’s co-worker was found liable for sexually assaulting her during her shifts at Radford Arsenal, the evidence was insufficient to hold their employer liable for the co-worker’s conduct. Background Carla A. Clehm is an employee of defendant BAE ...

The court rules that plaintiff’s excessive force claim fails where the circumstances of the situation immediately prior to a police officer’s use of a taser against plaintiff would have led another reasonable law enforcement officer to deploy similar force to ...

The court rules that an employee’s disability discrimination claim failed where he could not demonstrate that he was a qualified individual under the ADA because he could not show his ability to perform the essential functions of his job or ...

The court rules that defendant employer was not entitled to summary judgment on plaintiff’s retaliation claim where the record demonstrated very close proximity between plaintiff employee’s protected activity and her supervisor’s alleged retaliation such that defendant’s legitimate, non-retaliatory reasons for ...

The court rules that, where the evidence demonstrates that a business’s employees could not have foreseen a third-party unlawfully opening fire in the business’s premises, plaintiffs could not establish proximate cause in support of their negligence claim. The court grants ...

Where plaintiff’s tort claim could result in substantial changes to a motor carrier’s transportation and delivery services, the state law claim was preempted under the Federal Aviation Administration Authorization Act. We affirm the dismissal of plaintiffs’ claims as preempted by ...

Where the intention of the excluded driver statute was to allow insured to reduce their coverages and therefore the premiums they paid by expressly excluding resident relatives that would otherwise be included in coverage, it was not a violation of ...

Where PCR court failed to separately consider each of petitioner’s proposed additional claims, submitted on the day of hearing, to determine whether each claim would result in prejudice to the state, PCR court erred by summarily dismissing claim that would ...

Where workers’ compensation commissioner threatened claimant with referral for criminal prosecution unless he settled his case, commissioner erred in failing to refuse plaintiff’s motion for recusal. We reverse the decision of the court of appeals and vacate the orders of ...

On a matter of first impression, the court rules that, under S.C. Code Ann. § 62-1-110, the attorney-client privilege applies to communications between the defendant-trustees and their lawyer. The plaintiff-co-trustee is not entitled to discover those communications, even though they ...