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Workers’ Compensation – Average Weekly Wage – South Carolina Workers’ Compensation Commission – Temporary Total Disability Benefits – Independent Contractor
Appellate Panel erred in calculating appellant’s Average Weekly Wage via an alternative method without making a specific factual finding for why the first method was impracticable. We affirmed in part […]
Tort/Negligence – South Carolina Tort Claims Act – Intentional Infliction of Emotional Distress – Reckless Infliction of Emotional Distress
The bar under the South Carolina Tort Claims Act of claims of “intentional infliction of emotional harm,” S.C. Code [Ann.] § 15-78- 30(f), applies to claims of reckless infliction of […]
Criminal Practice – Abuse of Power – Federal-Program Theft – Civil Rights Violation – Probable Cause – Conspiracy Convictions – Prior-Acts Evidence
The evidence was sufficient to charge defendants with, among other things, federal-program theft, for depriving a private citizen of his civil rights by arresting him without probable cause, and for […]
Taxation – Tax Evasion – Jurisdiction – Reasonable Doubt – Willfulness – Good Faith – Ineffective Counsel – Recalled Expert
The Government proved beyond a reasonable doubt that defendant committed tax evasion. We affirmed defendant’s convictions. Richard Boggs appealed from his tax evasion convictions. Boggs first argued the district court […]
Domestic Relations – Primary Custody – Best Interest of the Children – Rehabilitative Alimony – Length of Alimony Term
The family court’s grant of primary custody to Mother serves the best interest of the children but the family court erred in setting the amount of rehabilitative alimony. We affirmed […]
Real Property – Restrictive Covenants – Reciprocal Negative Easements – Mandatory Assessments – Amended Declaration
The circuit court did not err in finding restrictive covenants were applicable to Appellants’ lots on the theory of reciprocal negative easements. We affirmed. Appeallant, owners of lots within Phase […]
Workers’ Compensation – Permanent Partial Disability Compensation – Loss of Earnings Capacity Statute – Single Member Disability Award
Substantial evidence supports the Appellate Panel’s determination that appellant sustained an injury to his right shoulder only. We affirmed the Appellate Panel’s final order limiting appellant’s disability award to his […]
Constitutional – South Carolina Department of Social Services – Fourth Amendment – Irreparable Harm –Significant Interest in Interviewing Children at School
Mother failed to show either that the South Carolina Department of Social Services acted unreasonably by interviewing her children at school or that the School District unreasonably permitted the in-school […]
Attorneys – Disbarment – Breaches of Fiduciary Duty – Trustee – Misrepresentation – Informed Consent – Conflict of Interest – Failure to Timely Serve and File an Answer
Respondent’s conduct warrants disbarment. We therefore accepted the Agreement for Discipline by Consent and disbarred respondent from the practice of law in this state retroactive to the date respondent was […]
Tort/Negligence – Personally Identifying Information – Protected Health Information – 42 U.S.C. §233(a) – Immune From Suit – Federal Tort Claims Act
42 U.S.C. §233(a) does not apply to appellant’s claims because appellee was not performing a related function when an unnamed third party hacked and stole appellant’s personally identifying information. The […]
Insurance – Free-Choice-of-Provider Provision – Medicaid Act – Individual Rights – 24 USC §1983 – Medicaid Beneficiaries
The free-choice-of-provider provision of the Medicaid Act, 42 U.S.C. § 1396a(a)(23), creates individual rights enforceable via 42 U.S.C. §1983. We affirmed the judgment of the district court enjoining the disqualification […]
Insurance – Insurance Policy – Remediation Efforts – Consequential Damages – Direct Physical Loss or Damage
Master-in-equity erred in finding insurance policy covered several categories of consequential damages, but properly awarded costs for cleaning the affected structures. We affirmed in part, reversed in part, and remanded […]
Business Law
- Economy forces attorneys to get down to business
- Business Court judges trawl for customers
- Va. company's Web site did not subject business to personal jurisdiction in S.C., appeals panel rules
- Former running back from S.C. wins courtroom victory in contract dispute
- Contract – Government Contract – Qui Tam – False Claims Act
- Licenses & Permits – Beer & Wine Permit – Restrictive Covenant – Suitable Location
- Consumer Protection – FCRA – Auto Loan – Bank Accounting Errors
- Licenses & Permits – Veterinarian – Vaccine Maintenance
- Tort – Business Tort – Va. Computer Crimes Act – Trade Secrets
- Textile firm, railroad settle Graniteville train wreck lawsuit
- State regulators look at car dealer accused of lying to customers
- Subprime mortgage meltdown hits securities law
Commentary
- Your best people are not leaving for more money — they are leaving because you stopped paying attention
- Best at Work Insights: The choice we’re making about AI
- Beyond burnout: The case for workplaces where people thrive
- The December question every leader should anticipate
- Best at Work Insights: Don’t Import 996: Why America Should Reject Overwork Culture
- Law ‘n History: The beer, scandal and haunted mansion of the Lemp dynasty
- Using QALY to quantify emotional distress in legal cases
- Building relationships strengthens law firms, professional growth
- Lawyers face new guidance on AI, tech competence
- Reflections of ‘mean judges,’ age and courtroom lessons
- How lawyers can leverage personal connections to build practices
- State bar issues nuanced opinion on AI billing ethics
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