South Carolina Lawyers Weekly

Where the Board of Immigration Appeals instructed the Immigration Judge to allow a petitioner from Cameroon to explain inconsistencies in her prior testimony, her due process rights were violated when the judge denied her application for asylum before she was ...

In this case involving equitable indemnity from a third-party defendant, we follow the majority rule as to attorney’s fees: the third-party plaintiffs may recover the attorneys’ fees they incurred in defending the underlying lawsuit but not the attorneys’ fees they ...

As part of her realty business, defendant self-financed mortgages for some of her customers, including the Wagners. When the Wagners could not make the balloon payment required by defendant’s loan to them, plaintiff lent the Wagners the $210,000 balance, which ...

In denying defendant’s motion to suppress, the trial court found: (1) law enforcement initiated a conversation with defendant; (2) defendant willingly stopped and spoke with law enforcement; (3) law enforcement notified defendant they were law enforcement; (4) law enforcement never ...

S.C. Code Ann. § 12-60-80(C) of the Revenue Procedures Act plainly states that the Department of Revenue “may not be named or made a defendant in any … class action brought in this State.” We reject the circuit court’s ruling ...

In its pleadings, the defendant-insurer asserted that plaintiff could not recover on its uninsured motorist claims because defendant provided only excess coverage. Defendant waited until the summary judgment stage to argue that plaintiff’s claims failed because plaintiff had not sued ...

Even though defendant’s breath did not smell of alcohol, (1) he veered into oncoming traffic, causing serious injuries; (2) he claimed his brakes failed, but his explanation would mean he did not have functioning brakes; (3) his eyes were glassy ...

Even though the bullet that killed an eight-year-old child was intended for defendant, since defendant was engaged in a gun battle with the shooter, defendant is guilty of the child’s murder under the theory of mutual combat. We affirm defendant’s ...

The circuit court certified a plaintiff class of parents who adopted special-needs children and then had their subsidies reduced by the state. The certification order is not immediately appealable because (1) it is not certain that the children’s confidential adoptive ...

In 2001, respondent was wrongly requiring the votes of five members of the parole board before it would grant parole; the relevant statute required only a two-thirds vote of the board members present (not two-thirds of the entire seven-member board). ...