South Carolina Lawyers Weekly

Because defendant did not assert the statutory cap on punitive damages as an affirmative defense, defendant waived the statutory cap. We affirm the circuit court’s denial of defendant Target Corp.’s motion for judgment notwithstanding the verdict as to liability. We ...

In this inverse condemnation case, the trial court correctly allowed the jury to decide the question of just compensation while reserving to itself the task of deciding the issue of prejudgment interest. We affirm the trial court’s reliance on S.C. ...

Plaintiff alleges that (1) the defendant-hospital billed her directly in breach of the contract between the hospital and plaintiff’s healthcare insurer and (2) the hospital billed her for more than the rates negotiated between the hospital and the insurer. Despite ...

A defendant who pleaded guilty to arson and was convicted of making a false statement to influence a bank loan is entitled to resentencing because the district court failed to identify an aggravating circumstance not accounted for by the sentencing ...

Where the servicemembers were likely to show the government’s policy and conduct violated the Administrative Procedure Act and that they would suffer irreparable harm without a preliminary injunction while they challenged their discharge and that injunctive relief was in the ...

Where the magistrate judge failed to advise the defendant of his potential exposure to a 15-year mandatory minimum sentence by pleading guilty to possession of a firearm by a felon, and the defendant demonstrated there was a “reasonable probability” he ...

In a case of first impression, where a defendant’s motion to represent himself in his criminal trial for child pornography was denied, the collateral order doctrine does not provide means for immediate appellate review and there is no subject-matter jurisdiction. ...

In a case of first impression, the term “another person” in the federal aggravated identity theft statute was held to include deceased victims of identity theft, based on the plain language of the statute, its context and legislative history. Background ...

Where the state failed to turn over Brady materials and the state court appeared to apply an incorrect standard when reviewing a petitioner’s post-conviction application, there was another ground sufficient to sustain the decision to deny his application. In addition, the state court’s ...

Where the Virginia Air Pollution Control Board failed to provide a rational explanation as to why it awarded a construction permit for a compressor station in the historic community of Union Hill, reasons offered during litigation were insufficient as a matter ...