South Carolina Lawyers Weekly

Where an executive order gave states and localities the option of consenting before refugees would be resettled, but the Refugee Act did not provide for “approval” or “consent,” the order was enjoined because affected agencies were likely to prevail on ...

Where homeowners took a deduction for donating an entire house to a charitable organization, but the charity disassembled the house, salvaged useful components and left the remainder for demolition by the homeowners’ contractor, the IRS’s disallowance of the deduction was ...

Allegations that a pharmaceutical company did not sufficiently warn about certain risks of taking an anti-stroke medication were preempted by federal law because it did not have unilateral authority to change the warning label. Background Boehringer Ingelheim Pharmaceuticals Inc. developed ...

Where a franchisee failed to show he exercised reasonable due diligence during the three years of litigation to discover and present evidence of unpaid rent, the district court erred by awarding it damages raised for the first time on a ...

A jury will decide if a prison official’s decision to pepper spray an inmate after he head-butted an officer and was lying on his back in handcuffs was “clearly necessary” to respond to a threat to officer safety or to ...

Assuming plaintiff was a registrant with the Financial Industry Regulatory Authority (FINRA), FINRA Rule 13200(A) required plaintiff to submit to arbitration any business-related disputes between himself and FINRA members like defendants. Nevertheless, Rule 13200(A) is not enforced against plaintiff because ...

Since a prosecution witness’s sentencing exposure on his pending charges affected his potential bias and motive for testifying, the trial court should have allowed defendant to cross-examine the witness about the potential sentences he faced. Nevertheless, given the other evidence ...

Even though the plaintiff-widow claims defendants’ delay in approving medical tests and treatments for her decedent-employee’s compensable shoulder injury led him to consume more alcohol, which in turn contributed to his death, since there was no medical evidence that the ...

After being struck by another vehicle, plaintiff’s decedent’s motorcycle collided with a truck parked nearby. Plaintiff could not stave off summary judgment for the defendant-truck owner by filing an affidavit in which he relied on a generic schematic of an ...

In a case involving charges of kidnapping (of which defendant was acquitted) and domestic violence (for which he was convicted), the evidence showed that, in Marlboro County, defendant stabbed the victim and hit her with a hammer, and later in ...