South Carolina Lawyers Weekly

Although § 15-36-10(C)(1) of the South Carolina Frivolous Civil Proceedings Sanctions Act delineates at what procedural stage a court will determine if a claim or defense is considered frivolous upon a motion of the prevailing party, this subsection does not ...

When the respondent-grocery store made its third and fourth sales of alcohol to underage purchasers in three years, the South Carolina Department of Revenue (SCDOR) guidelines called for a 45-day suspension of the store’s beer and wine permit for the ...

Petitioner argues his 1998 conviction for possession of crack cocaine should not be used to enhance a 2006 conviction (his third) because he was not represented by counsel in 1998 and he could not have waived his right to counsel ...

Even though the defendant-mother (Mother) made most of her child support payments after plaintiffs filed this termination-of-parental-rights (TPR) action, (1) during the first 19 months that Mother’s children were in foster care, Mother failed to provide any support, despite having ...

“Any private communication … with a juror during a trial about the matter pending before the jury is … deemed presumptively prejudicial.” Remmer v. United States, 347 U.S. 227 (1954). The Remmer presumption of prejudice does not apply in this ...

Where the record showed that a coal miner developed black lung disease more than two years before he filed suit, even though the disease was not identified until later, the suit was barred by Virginia’s two-year statute of limitations. Background ...

Where being in a controlling and abusive domestic relationship is a characteristic that defines the group by the fact of persecution, the Board of Immigration Appeals did not err in finding a woman’s proposed social group—married El Salvadoran women in ...

Where a state trooper (1) assisted the driver of a disabled vehicle, (2) asked the driver whether he was impaired, (3) was assured by the driver that he was not and that he had assistance on the way, and (4) ...

Even though the plaintiff-pedestrian could have walked several hundred yards to a crosswalk rather than crossing a four-lane road without the benefit of a crosswalk on a dark and rainy evening, since (1) the pedestrian was dressed in bright colors, ...

Where parties challenging the North Carolina State Board of Elections’ decision to extend the deadline for receipt of mail-in ballots failed to demonstrate they were likely to succeed on the merits of their Equal Protection or Elections Clause arguments, the ...