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Constitutional – Sales Tax Exemption – Durable Medical Equipment Exemption – Dormant Commerce Clause Challenge – Interstate Commerce
Because the South Carolina Department of Revenue failed to show that the durable medical equipment exemption advances a legitimate local purpose that cannot be adequately served by reasonable nondiscriminatory alternatives, […]
Constitutional – Fourth Amendment – Express Statutory Authority – Irreparable Harm
Mother failed to identify any injury aside from inconvenience or mild upset at the prospect of the South Carolina Department of Social Services returning to school to interview her children. […]
Constitutional – Greenville County Ordinance – Unconstitutional – Conviction – Overbroad – Void for Vagueness
Greenville County ordinance under which defendant was convicted is unconstitutional as applied to him. We reversed defendant’s conviction because the ordinance is unconstitutional as applied to him. A Greenville County […]
Constitutional – South Carolina Department of Social Services – Fourth Amendment – Irreparable Harm –Significant Interest in Interviewing Children at School
Mother failed to show either that the South Carolina Department of Social Services acted unreasonably by interviewing her children at school or that the School District unreasonably permitted the in-school […]
Constitutional – Punitive Damages Award – ‘As Is’ Sale – Duty to Disclose – Right to Due Process
We adopted the court of appeals’ determination that the punitive damages award represents the highest award due process allows considering the particular facts of this case. We affirmed the court […]
Constitutional – Jurisdiction – Excessive Force – Fourth Amendment Rights – Qualified Immunity – Factual Disputes
We lacked jurisdiction over this appeal. We dismissed the appeal. Ted D. Ellis brought this 42 U.S.C. § 1983 action against Cody C. Kirkman and others, alleging that Kirkman, an […]
Constitutional – Rezoning Application – Substantive and Procedural Due Process – Due Process Clause – Community Development Code – Property Interest
Plaintiff cannot state a substantive or procedural due process claim since it did not have a cognizable property interest in approval of its rezoning application. We affirmed the judgment of […]
Constitutional – Condemnation Proceedings – Statutory Limit – Leasehold Interest – Reestablishment Expenses – Just Compensation
The $50,000 statutory limit on reimbursement of reestablishment expenses in condemnation proceedings set forth in S.C. Code Ann. section 28-11-30(4) (Supp. 2023) is constitutional. We affirmed the circuit court. Appellant […]
Constitutional – Wrongful Termination – Defamation – Public Official – Limited Public Figure – Damages Award
Although petitioner was a public employee and enjoyed media attention akin to that of many sports figures, that does not transform him into a public official. We reversed the decision […]
Constitutional – Voluntariness of Confession – Miranda Waiver – Coerced Confession
Petitioner Robert Miller III was convicted of the brutal murder of 86-year-old Willie Johnson. Following the murder, petitioner, who was 15 years old at the time, confessed four times: twice […]
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 […]
Constitutional – Due Process – Involuntary Commitment – Sexually Violent Predator – First Impression
Petitioner was charged with multiple sexual offenses, but he was incompetent to stand trial. The Sexually Violent Predator Act applies to persons “convicted of a sexually violent offense”; however, the […]
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
- Licenses & Permits – Beer & Wine Permit – Restrictive Covenant – Suitable Location
- Consumer Protection – FCRA – Auto Loan – Bank Accounting Errors
- Licenses & Permits – Veterinarian – Vaccine Maintenance
- Tort – Business Tort – Va. Computer Crimes Act – Trade Secrets
- Textile firm, railroad settle Graniteville train wreck lawsuit
- State regulators look at car dealer accused of lying to customers
- Subprime mortgage meltdown hits securities law
Commentary
- Your best people are not leaving for more money — they are leaving because you stopped paying attention
- Best at Work Insights: The choice we’re making about AI
- Beyond burnout: The case for workplaces where people thrive
- The December question every leader should anticipate
- Best at Work Insights: Don’t Import 996: Why America Should Reject Overwork Culture
- Law ‘n History: The beer, scandal and haunted mansion of the Lemp dynasty
- Using QALY to quantify emotional distress in legal cases
- Building relationships strengthens law firms, professional growth
- Lawyers face new guidance on AI, tech competence
- Reflections of ‘mean judges,’ age and courtroom lessons
- How lawyers can leverage personal connections to build practices
- State bar issues nuanced opinion on AI billing ethics
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