South Carolina Lawyers Weekly

Where an operator has complied with the water-quality standards promulgated under the Clean Water Act, an assertion that same conduct violates the Surface Mining Act fails because the Mining Act’s saving clause prevents liability for conduct that is otherwise shielded ...

Where a 911 caller requested medical care for the decedent because of his consumption of alcohol and prescription drugs, and the officers knew the man was substantially inhibited in his ability to talk, walk or sit and they witnessed his ...

Where the drug defendant’s conduct coupled with information provided by an informant was insufficient to elevate the officers’ hunch to a reasonable suspicion that he was engaged in drug trafficking, the defendant’s motion to suppress should have been granted. Background ...

Where the Army Corps of Engineers appropriately weighed the impact of constructing a “terminal groin” on the shoreline of the Town of Ocean Isle Beach, North Carolina, and supported its decision in an environmental impact statement and a record of ...

Where French trial and appellate courts previously declared the French Republic, and not a California company, is the rightful owner of the domain name France.com, the French Republic was immune from France.com’s trademark and cybersquatting suit. Background In 1994, a ...

Where a prison guard argued the 18 U.S.C. § 1519 obstruction of justice charge required the government to prove he intended to obstruct an investigation that he knew would become a federal investigation, because knowledge of a federal investigation under ...

The Charlotte-Mecklenburg Hospital Authority, which was created to serve a government function and possesses unique government powers, including eminent domain and the ability to issue bonds, qualifies as a “local government” and is immune from antitrust damages. Background This appeal ...

Where a defendant argued that the trial judge failed to sequester co-defendant testifying witnesses from each other while they were held in the courthouse holding area, his claim was rejected because he did not complain at trial, there were limited ...

Where the defendant was overseas on a Navy base when he used the internet to coerce a Virginia-based minor into sexual activity, his extraterritorially argument was rejected because the focus of the conduct and the child victim was in the ...

Where the Turkish government communicated instructions through a Turkish businessman to an executive at the Flynn Intel Group who followed those instructions, his convictions for acting as an unregistered foreign agent and conspiring to do so were reinstated. Background A ...