South Carolina Lawyers Weekly
An arbitrator must decide whether, when plaintiff financed a car at a dealership in 2011, the arbitration agreement she signed at that time requires her to arbitrate a dispute that arose in 2015 when she declined a dealership salesman’s pitch ...
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Arbitration – Enforceability – Unconscionability – Severability – Vehicle Financing & Identity Theft
Criminal Practice – Voluntary Manslaughter – Circumstantial Evidence – Logan Instruction 
Where (1) the state’s evidence of voluntary manslaughter was almost exclusively circumstantial; (2) the state’s own witness testified that it was plausible the fatal wound could have been caused by the victim charging defendant, exactly as plaintiff testified; and defendant ...
Read More »Attorneys – Discipline – Disbarment – Misappropriation of Funds
When respondent misappropriated many thousands of dollars of funds entrusted to him by clients—leading to his conviction for breach of trust with fraudulent intent, value $10,000 or more—he violated Rules 1.15(a) (holding client property or property of third persons separate ...
Read More »Attorneys – Discipline – Disbarment – Application for Admission – False & Incomplete Answers
On her February 2018 application for admission to the South Carolina Bar, respondent knowingly provided false and/or misleading information in that she failed to disclose (1) her past applications to practice law in North Carolina; (2) that she withdrew a ...
Read More »Constitutional – Charleston tour guide licensing scheme is unconstitutional
Tour guides in Charleston, South Carolina, are no longer required to pass a written examination, acquire a valid business license that must be renewed annually and pay fees before they can provide tours. The ordinance was struck down on First ...
Read More »Commercial – Settlement of direct action renders derivative action moot
Where a direct action brought by the company was resolved in a broad release, and there was no evidence of collusion or bad faith, a derivative action asserting identical or similar claims arising out of the same underlying facts was ...
Read More »Criminal Practice – Ban on viewing sexually arousing materials is part of treatment plan
A condition of supervised release that requires a total ban on defendant’s viewing of any materials that sexually arouse him, including mainstream media like movies or advertisements, did not run afoul of 18 U.S.C. § 3583(d) because it was meant ...
Read More »Civil Rights – Opening mail outside prisoner’s presence supports First Amendment claim
A pro se prisoner’s claim that his rights were violated was supported by the failure of prison officials to explain the need to check his mail for contraband outside of his presence. Because the infringement of his First Amendment rights ...
Read More »Contract – Only parties to contract can invoke fees provision
Where a real estate contract was expected to close in 2008 but did not close until 2017, a suit brought by an entity entitled to receive certain expenses at closing was timely as it was filed within three years of ...
Read More »Insurance – False Claims Act suit triggers ‘medical incident’ coverage
Where the policy covers “damages resulting from a claim arising out of a medical incident,” a false claims act suit alleging billing for services that were not rendered was within the scope of coverage because the “failure to render” services ...
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