South Carolina Lawyers Weekly

Where residents of Lumberton, North Carolina, alleged a railroad prevented the city from closing a dike across the railroad’s tracks, in contravention of a contract between the railroad and city, resulting in significant damage to their properties from Hurricanes Matthew ...

Where a defendant challenged his convictions stemming from his involvement with MS-13, the court joined other circuits in finding the Double Jeopardy Clause prohibits imposition of cumulative punishments for § 924(c) and § 924(j) convictions based on the same conduct. ...

The administrative law judge erred by requiring objective evidence about the persistence and limiting effects of fibromyalgia on the claimant’s daily life. This error was compounded by the fact that objective evidence was present, but ignored. The record as a ...

Although jury hearing the court martial of an Air Force captain accused of sexual assault was given an instruction that the Court of Appeals for the Armed Forces later concluded was a breach of his Fifth Amendment due process rights, ...

Where the parties in a dispute over whether a fax was an unsolicited advertisement never briefed what level of deference should be afforded a 2006 FCC rule interpreting what constitutes an “advertisement” under the Telephone Consumer Protection Act, the case ...

Where fire battalion chiefs argued they were covered by a “first responder regulation,” which required they be paid overtime, because their primary duty was management and not front line firefighting, the first responder regulation was inapplicable. A review of their ...

Although plaintiff complains about the allegations in the affidavit that supported his arrest warrant, probable cause continues to exist even if we make the clarifications to the affidavit as urged by plaintiff. Even if the affidavit (1) alleged a shorter ...

When an assessable (i.e., appraisal-triggering) transfer of interest, or ATI, in real property occurs, our property tax statutes provide for an ATI exemption. Reading the relevant statutes together, a taxpayer who purchases qualifying property before an implementation year may claim ...

In the presence of the jury, the trial court commented that a minor witness was competent to testify unless she was otherwise disqualified. Where the trial court made this comment in conjunction with a formal reference to Rule 601(a), SCRE, ...

Since the plaintiff-wife inherited a one-seventh interest in her house, that one-seventh interest is her separate property. However, because the wife purchased the remaining six-sevenths interest from her siblings before she filed for divorce, the six-sevenths interest is marital property. ...