South Carolina Lawyers Weekly

Where parties challenging construction of a natural gas pipeline are likely to succeed on their argument that authority was lacking to modify a nationwide permit issued by the Army Corps of Engineers in 2017, the construction was stayed. Background Petitioners ...

Where an oil and gas lease provided a method for calculating the amount to be deducted from the royalty for post-production costs, it sufficiently rebutted the presumption that the lessee bears all post-production costs and allowed an allocation of some ...

Where a plea agreement over child pornography offenses included language waiving challenges to “the weighing of the sentencing factors, and any constitutional challenges to the calculation and imposition of any term of imprisonment,” the waiver barred arguments that the sentencing ...

Plaintiffs contend defendants abused the judicial process when defendants sued plaintiffs for medical malpractice. However, claims for abuse of process have a three-year statute of limitations, this case was filed in October 2010, and the undisputed evidence shows plaintiffs either ...

After the decade and a half between defendant’s indictment and his apprehension, the photographs and videorecording of the victim’s medical examination were no longer available. The state’s failure to produce the photos and video did not violate Rule 705, SCRE, ...

A 2005 preliminary injunction required the City of Myrtle Beach to use the same traffic patterns for both Harley Week and Black Bike Week. In this subsequent litigation, that preliminary injunction is relevant, but its probative value is outweighed by ...

In an effort to avoid the six-year statute of repose applicable to medical malpractice claims, plaintiff contends that the defendant-genetic testing company committed ordinary negligence by failing to update its classification list to reflect that a genetic variant found in ...

Although plaintiffs assert allegations of misconduct against four attorney-members of a former law firm, plaintiffs cannot manufacture a RICO claim by recounting every instance of alleged misconduct by the firm’s attorneys in the last decade. The court grants defendants’ motion ...

In litigation involving the copyright termination rights to a deceased entertainer’s songs, the decedent’s adult children are entitled to discover confidential agreements between the decedent’s estate and defendant Hynie, the mother of one of his children. Hynie has failed to ...

Where restaurant employees claimed that tips and automatic gratuities could not be considered in determining whether their employer met its obligations under the Fair Labor Standards Act, or FLSA, it was error to apply a statutory exemption—29 U.S.C. § 207(i)—to ...