South Carolina Lawyers Weekly

Where plaintiff’s tort claim could result in substantial changes to a motor carrier’s transportation and delivery services, the state law claim was preempted under the Federal Aviation Administration Authorization Act. We affirm the dismissal of plaintiffs’ claims as preempted by ...

Where the intention of the excluded driver statute was to allow insured to reduce their coverages and therefore the premiums they paid by expressly excluding resident relatives that would otherwise be included in coverage, it was not a violation of ...

Where PCR court failed to separately consider each of petitioner’s proposed additional claims, submitted on the day of hearing, to determine whether each claim would result in prejudice to the state, PCR court erred by summarily dismissing claim that would ...

Where workers’ compensation commissioner threatened claimant with referral for criminal prosecution unless he settled his case, commissioner erred in failing to refuse plaintiff’s motion for recusal. We reverse the decision of the court of appeals and vacate the orders of ...

On a matter of first impression, the court rules that, under S.C. Code Ann. § 62-1-110, the attorney-client privilege applies to communications between the defendant-trustees and their lawyer. The plaintiff-co-trustee is not entitled to discover those communications, even though they ...

Where there was no final judgment under North Carolina’s felony statute against the defendant at the time he was found in possession of firearms, his conviction for being a felon in possession of a firearm under federal law must be ...

A majority of the judges on the court did not agree to rehear the case en banc, although one judge explained he did not vote for en banc review in order to expedite Supreme Court review. Background The petition for ...

Where (1) respondent is no longer licensed to practice law in any state, (2) he has been disbarred by the federal courts, and (3) the U.S. Department of Labor’s Office of Administrative Law Judges has withdrawn his authorization to practice ...

Respondent was convicted of criminal solicitation of a minor—thereby violating Rule 8.4, RPC, Rule 407, SCACR (professional misconduct)—and has completed his period of probation. We accept the agreement for discipline by consent entered into by respondent and the Office of ...

Plaintiffs allege that defendants, who produce ready-mix concrete, engaged in secret communications, price fixing, and the dividing up of markets in South Carolina and Georgia. Plaintiffs’ allegations are sufficient to state a restraint-of-trade claim under § 1 of the Sherman ...