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Prisons & Jails – Parole Denial – Facts of Offense – Juvenile Offender – Exemplary Inmate
The appellant-inmate has been imprisoned for 50 years for a crime he committed at age 17. The jury recommended mercy, and there appears to be no dispute that appellant has been an exemplary inmate and demonstrated remorse, rehabilitation and a low risk for recidivism. While it seems that the review conducted by the Parole Board […]
Contract – Subcontractor’s Invoice – ‘Pay When Paid’ Provision – Unenforceable Condition Precedent
A provision in the contract between the defendant-general contractor and the plaintiff-subcontractor allowed the general contractor to withhold payment for the subcontractor’s work until the project owner paid the general contractor. This provision violated S.C. Code Ann. § 29-6-230’s clear prohibition on conditioning payment to a subcontractor upon the owner’s payment to the general contra[...]
Prisons & Jails – Parole Denial – Inmate’s Files – Right to Access
The Parole Board of the South Carolina Department of Probation, Parole and Pardon Services’ (the Board’s) Form 1212 says in part, “[I]nmates themselves have no right to inspect the contents of their files. If the inmate thinks his/her file is somehow incomplete or contains some errors or other inaccuracy, he/she must notify the Board of […]
Criminal Practice – Expert Witness – Cell Site Location Information – Rule 702 – ‘Textbook’ Qualification
In determining whether solicitor’s office investigator Dylan Hightower should be qualified as an expert in cell site location information, the trial judge delved deeply into the extent of Hightower’s education and into the complexity of his proposed testimony. From the trial judge’s “robust” examination of Hightower, this court can clearly see the trial judge understood [&hel[...]
Public Utilities – Ratemaking – Multiple Appeals – Reparations Surcharge – Appeals Bond or Other Arrangements
It took several appeals and several years for the appellant-utility to finally get the rate increase amount it had requested (though in a different configuration). Although the utility asserts that it was unable to afford an appeals bond for the whole of the appellate period, the Public Service Commission correctly determined that it lacked the […]
Contract – Real Estate Agent – Real Property Inspection – Release & Indemnity Provision
Our courts have upheld liability waivers executed prior to the activities which were subject to the waivers, e.g., paintball games, McCune v. Myrtle Beach Indoor Shooting Range, Inc., 364 S.C. 242, 612 S.E.2d 462 (Ct. App. 2005). Here, the plaintiff-buyer signed a contract containing a release of the defendant-real estate agent from claims including those […]
Contract – Credit Card – Consumer Protection Code – Account Stated
Plaintiff bought a charged-off debt from a credit card issuer and brought this action against defendant, the purported credit card debtor. We hold that consumer credit cards are “lender credit cards” and “consumer loans” pursuant to the South Carolina Consumer Protection Code, and plaintiff should have sent defendant a right to cure notice before filing […]
Arbitration – Nursing Home – Admission Contract – Separate Arbitration Agreement – Agency
While the Adult Health Care Consent Act gave patient Betty’s son, Kaileb, authority to sign a nursing home Admission Agreement on behalf of Betty, the AHCCA did not give Kaileb authority to sign a separate Arbitration Agreement on Betty’s behalf. Although Kaileb signed both agreements at the same time, the terms of the Arbitration Agreement […]
Constitutional – Fetal Heartbeat Anti-Abortion Act – Privacy Right – Reasonable Invasion
In a new version of the Fetal Heartbeat and Protection from Abortion Act (the 2023 Act), our General Assembly has made a policy determination that, at a certain point of pregnancy, a woman’s interest in autonomy and privacy does not outweigh the interest of the unborn child to live. We cannot say as a matter […]
Tort/Negligence – Negligent Hiring & Retention – Sovereign Immunity – Discretionary Function – Admiralty
The complaint alleges that plaintiff Harold Hoblick, a maritime facility security guard, was assaulted and seriously injured by a crewmember on board the USNS Maury, a vessel owned and operated by the United States. We have held that the waivers of sovereign immunity in both the Suits in Admiralty Act and the Public Vessels Act […]
Insurance – Auto – UIM – Stacking Prohibited – Insurers’ Liability
Defendant’s decedent, a deputy sheriff, was killed in an auto accident while he was driving a patrol vehicle. Decedent’s personal vehicle was insured by plaintiff Progressive with underinsured motorist coverage (UIM) totaling $200,000, and he was listed as an insured on his parents’ Allstate policy, which also provided a total of $200,000 in UIM coverage. […]
Criminal Practice – Kidnapping, Robbery & Murder – Confession – Other Bad Acts – Sentencing
In interrogating defendant, the detectives in this case went up to the line of what is permissible. However, despite their misrepresentations, their mentions of the death penalty, and their promise not “to slap a robbery charge on you,” the detectives did not cross that line so as to render defendant’s confession involuntary. We affirm defendant’s […]
Business Law
- Economy forces attorneys to get down to business
- Business Court judges trawl for customers
- Va. company's Web site did not subject business to personal jurisdiction in S.C., appeals panel rules
- Former running back from S.C. wins courtroom victory in contract dispute
- Contract – Government Contract – Qui Tam – False Claims Act
- Tort – Business Tort – Va. Computer Crimes Act – Trade Secrets
- Consumer Protection – FCRA – Auto Loan – Bank Accounting Errors
- Licenses & Permits – Beer & Wine Permit – Restrictive Covenant – Suitable Location
- Licenses & Permits – Veterinarian – Vaccine Maintenance
- State regulators look at car dealer accused of lying to customers
- Textile firm, railroad settle Graniteville train wreck lawsuit
- Subprime mortgage meltdown hits securities law
Commentary
- High court justices cross the line of propriety
- High court’s term was rough on big business
- The flip side of generative AI in law and how to address it
- The fight for equal educational opportunity continues
- Letter From The Editor – Working from Home
- NLRB joins FTC in taking aim at non-competes
- Supreme Court leaves key internet protection untouched
- US Supreme Court bites back at parody’s use of the First Amendment
- My goal: Provide the information that you need now
- Case study: North Carolina courts provide guidance on scope, limitations of attorney-client privilege
- A Different Ode to Pro Bono Work
- N.C. Bar Association embraces homophobia
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