South Carolina Lawyers Weekly

Given the language of the durable and health-care powers of attorney in question, since the principal (the attorney-in-fact’s father) did not then have a cause of action against defendants, and since signing an arbitration agreement was not required to admit ...

After a jury determined the merger of two manufacturers in the American doorskin market violated the Clayton Antitrust Act, the remedy included unwinding the merger and ordering the sale of the acquired company. Background JELD-WEN Inc. acquired a competitor, CMI, ...

Where the district court failed to explain how the defendant “exercised supervisory responsibility” or “acted as a manager” over others in an organized criminal drug enterprise, as required for a leadership enhancement under the sentencing guidelines, the sentence was vacated ...

Where the defendant was sentenced to 6-17 months in prison for North Carolina offenses, with the last nine months to be served in post-release supervision, the post- release period is not the equivalent of a suspended sentence. The entire sentence ...

Where a defendant failed to show, after a Franks hearing, that a detective was “seeking to mislead” when she omitted facts in her affidavit in support of a search warrant, his motion to suppress was denied. Background Craig Leon Pulley appeals his ...

Where the petitioner became the target of death threats by a Guatemalan gang after she and her family witnessed a mass killing by gang members and refused to yield to the gang’s extortion and other demands, she established a well-founded ...

Plaintiff Road, LLC, owned an isthmus that provided the sole means of access to the “Point Tract,” which the plaintiff-developer planned to develop, and the developer had agreed to pay Road, LLC, $5 million for the isthmus. The developer’s option ...

After an exchange of gunfire between defendant and the victim in which both participants were injured, at defendant’s trial for attempted murder, the victim’s physician testified that the gunshot wound to the victim’s hip would likely have caused him to ...

S.C. Code Ann. § 4-10-330 sets a limitation period of 30 days to question the results of a referendum under the Capital Project Sales Tax Act. Nothing in the statute says the 30-day limitation period applies only to procedural challenges. ...

Not only did the respondent-attorney fail to communicate with or exercise diligence on behalf of his clients, but he also made false statements to tribunals and was otherwise dishonest in an attempt to avoid the consequences of his actions. He ...