South Carolina Lawyers Weekly

Binding arbitration is not available to decide questions of child custody and support because the family court must always make the determination as to what is in the best interest of the child. The family court properly determined that it ...

Where DSS sought to remove three children from long-term foster care and place the children with a relative, and where the foster parents, in a private action, sought to terminate the biological parents’ rights and adopt the children, the family ...

Given the respondent-attorney’s administrative suspension for failure to comply with continuing legal education requirements; his failure to seek reinstatement; his failure to communicate with clients (or to tell them he couldn’t communicate with them because of his suspension); his failure ...

Where a district court allowed a government “filter team” to review privileged attorney-client documents unrelated to the investigation of lawyer A and client A, it was in error because it assigned judicial functions to the filter team and failed to ...

The U.S. Citizenship and Immigration Services, or USCIS, application of the law that was in effect when an Alien Relative petition brought by an immigrant and his wife was adjudicated, rather than the statute that was in effect when the petition ...

Where an employee was injured on the job by the owner of the home that was under construction, his suit against the owner is not precluded by the worker’s compensation exclusion or the employee indemnification and employer’s liability exclusion in ...

Where the Medicaid Act’s free-choice-of provider provision creates a private right enforceable under 42 U.S.C. § 1983 and the Medicaid recipient established she would suffer irreparable harm in the absence of a preliminary injunction, South Carolina was stopped from terminating ...

The content of the defendant-beneficiaries’ Office of Disciplinary Counsel complaint against the plaintiff-trustees’ lawyer is “absolutely privileged,” and “no civil lawsuit predicated thereon may be instituted against any complainant or witness.” Rule 13, RLDE. Although the plaintiff-trustees contend that allegations ...

Our grandparent visitation statute, S.C. Code Ann. § 63-3-530(A)(33), requires the family court to find compelling circumstances before awarding grandparent visitation over the objection of a fit parent. As a result, the statute is constitutional. In this case, the mother’s ...

Viewing the facts in the light most favorable to plaintiff, when a 16-year-old special-needs student disrupted class but refused to leave her desk, the school resource officer used excessive force by using a “takedown maneuver” to flip plaintiff backwards out ...