South Carolina Lawyers Weekly

Where a ship repair company previously signed a settlement agreement with the US Navy that contained a broad release, and it did not carve out any other claims, that release barred a breach of contract claim. Background East Coast Repair, ...

Defendant’s first trial ended in a mistrial when defense counsel’s opening statement revealed an alibi defense of which defendant had failed to notify the state in advance. Defendant was charged with committing crimes on three different days; however, when the ...

In a prior disciplinary action, the respondent-judge promised not to make reference to his court or to post fundraising information on Facebook or any other social media, yet respondent restored the reference in his Facebook profile identifying himself as a ...

Although S.C. Code Ann. § 41-29-230(1) requires the Department of Employment and Workforce (DEW) to secure “all advantages available under the provisions of the Social Security Act” (SSA), since the only connection between the unemployment compensation programs of Congress’s Coronavirus ...

Where petitioner’s trial counsel testified repeatedly that he did not know why he chose not to call petitioner’s alibi witnesses, we see no support in the record for the post-conviction relief court’s finding that, because trial counsel “articulated, both at ...

Even though a reading of the definition section of the parties’ dispute resolution agreement could support plaintiff’s argument that only clams of exactly $50,000 are subject to arbitration, since the agreement both begins and ends by stating the parties’ desire ...

Although the statute in question is titled, “Optional Methods for Financing Transportation Facilities Act,” the act allows counties to finance the cost of “operating … transportation-related projects.” Therefore, the respondent-county may spend funds collected pursuant to the act on operating ...

Even though the defendant-doctor had provided obstetrical care and had a prior doctor-patient relationship with plaintiff Treva Flowers, since Treva’s delivery of plaintiff Ashley was complicated by the emergency situation of shoulder dystocia, the doctor was entitled to assert the ...

The identity of defendant’s accomplice was not at issue, yet the trial court erroneously allowed the state to present evidence that, several months before the attack on the victim, the accomplice was stopped while driving a gold Cadillac, as corroboration ...

If a school district places more than five percent of its students in virtual learning, Proviso 1.108 of the 2021-2022 Appropriations Act reduces school funding for every child over that five-percent threshold. Proviso 1.108 does not limit a student’s right ...