South Carolina Lawyers Weekly

Dec 7, 2018

Civil Practice – Declaratory Judgment – Recess Appointment – Statutory Construction

The court reads S.C. Code Ann. § 1-3-210 to allow the governor to make a recess appointment at any time there is a vacancy while the senate is in recess; […]

Nov 29, 2018

Insurance – Sexual Abuse Claim – Negligence – Intentional Acts Exclusion – Extension of Policy Exclusion

In a sexual abuse case an intentional acts exclusion in an insurance policy could be extended to a negligence claim against a non-abusing party named in the same policy as […]

Nov 27, 2018

Attorneys -Discipline – Public Reprimand – Real Property – Trust Account – Insufficient Funds

Where a check was presented against insufficient funds on respondent’s real estate trust account (respondent forgot to tell his office manager to make a deposit when respondent was out of […]

Nov 27, 2018

Attorneys – Discipline – Definite Suspension – Fee Agreement – Tax Returns

Where the respondent-attorney deposited a fee into his operating account, treating the money as an advance fee pursuant to a written fee agreement with his client, but where the fee […]

Nov 27, 2018

Trusts & Estates – Derivative Action – Sufficient Demand – Workers’ Compensation – Mutual Fund

After the petitioner-members of the South Carolina Home Builders’ Self Insurance Fund learned of actions by the fund’s trustees that petitioners believed were in violation of the “Agreement and Declaration […]

Nov 27, 2018

Corporate – Nonprofit – Membership Dues – Resignation

The plaintiff-country club’s membership documents – both at the time defendants joined and at the time they resigned – required resigning members to continue paying dues and other amounts until […]

Nov 15, 2018

Tort/Negligence – Sale of Unsafe Product – Manufacturer’s Bankruptcy – Trust Settlement – Insurance

Even though a bankruptcy court set up a trust for people who – like plaintiffs’ son/ward – were injured by Blitz U.S.A.’s unsafe plastic gasoline containers, since plaintiffs’ claims are […]

Nov 8, 2018

Attorneys – Discipline – Suspension

When the court belatedly discovered respondent’s suspension from the practice of law in North Carolina, it imposed a reciprocal suspension applied from the date of the North Carolina suspension In […]

Nov 2, 2018

Criminal Practice – PCR – Unaddressed Issues – State-Prepared Order

Where the circuit court’s orders (1) denying post-conviction relief and (2) denying petitioner’s Rule 59, SCRCP, motion did not address each of petitioner’s claims and did not include specific findings […]

Oct 25, 2018

Criminal Practice – PCR Hearing – Witness Testimony – Judicial Notice – Credibility

At petitioner’s post-conviction relief hearing, several witnesses were present and prepared to testify about evidence petitioner claims should have been presented to his trial jury; this may have been pertinent […]

Oct 2, 2018

Criminal Practice – Evidence – Suicide Attempt – First Impression – Case-by-Case Admission

Evidence of a defendant’s suicide attempt may be admitted as evidence of consciousness of guilt only if (1) a jury could reasonably find that a suicide attempt occurred, (2) the […]

Sep 6, 2018

Trusts & Estates – Derivative Action – Sufficient Demand – Workers’ Compensation – Mutual Fund

After the petitioner-members of the South Carolina Home Builders’ Self Insurance Fund learned of actions by the fund’s trustees that petitioners believed were in violation of the “Agreement and Declaration […]