The plaintiff-lender accepted a mortgage and later foreclosed on and bought property that was subject to Horry County’s Official Map Ordinance, which prohibited improvement to the land without prior exemption. This ordinance constituted an encumbrance on the property, triggering coverage ...
Read More »Real Property – Mortgages – Title Insurance – County Map Ordinance – Encumbrance
Constitutional – Schools & School Boards – CARES Act – Private School Funding 
Since CARES Act funds are received in the state treasury and distributed through it, those funds are “public funds” within the meaning of S.C. Const. art. XI, § 4. Consequently, the governor may not allocate CARES Act funds to support ...
Read More »Attorneys – Discipline – Disbarment – Diligence & Communication 
The respondent-attorney admits that she either failed to file or did not pursue lawsuits on behalf of several clients and that she misled those clients about the status of their cases for extended periods of time. Respondent violated Rules 1.1, ...
Read More »Attorneys – Discipline – ODC Delay – First Impression – Trust Account Violations 
Where the respondent-attorney suffered no prejudice as a result of a lengthy delay between the authorization of the filing of charges and the Office of Disciplinary Counsel’s actual filing of charges, the respondent’s longstanding pattern of misusing his trust account ...
Read More »Constitutional – South Carolina absentee ballot case before full Fourth Circuit 
After the district court stayed a South Carolina witness requirement for mail-in absentee ballots and a panel of the Fourth Circuit stayed the injunction pending appeal, the full Fourth Circuit granted rehearing en banc and vacated the panel’s stay. Background ...
Read More »Constitutional – South Carolina absentee ballot witness requirements stayed 
South Carolina’s witness requirement for absentee ballots is once again stayed after a majority of judges on the Fourth Circuit refused to upset the district court order enjoining the requirement. A three-judge panel initially stayed the district court’s order, but ...
Read More »Corporate – Derivative & Direct Claims – Tort/Negligence – Conversion – Arbitration 
The individual plaintiff and the plaintiff-limited liability company both allege harm arising out of the actions of defendants. The individual plaintiff and the plaintiff-LLC, which is suing derivatively, would both benefit from recovery. Since plaintiffs allege that they were injured ...
Read More »Constitutional – No en banc rehearing in transgender bathroom case 
A majority of the judges concurred in denying an en banc rehearing of a decision finding the school board violated Title IX and the Equal Protection Clause by requiring students to use bathrooms matching their “biological gender” and refusing to ...
Read More »Civil Practice – Constitutional – Due Process – Real Property – Taxation 
In this challenge to a delinquent tax sale, the petitioner-landowners agreed to allow defendants to present their evidence first. In the middle of the trial, after the testimony of just one witness, the special referee made factual findings and issued ...
Read More »Elections – Safe Voting Legislation – Appeals – Moot 
In light of the General Assembly’s passage of legislation designed to ensure the safety of voters and the integrity of the voting process, we dismiss petitioners’ appeal as moot. Duggins v. Lucas (Lawyers Weekly No. 010-068-20, 2 pp.) (Per Curiam) ...
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