South Carolina Lawyers Weekly
Perkins v. Bennett (Lawyers Weekly No. 002-061-15, 13 pp.) (Bruce Howe Hendricks, J.) 7:14-cv-01057; D.S.C. Holding: Even though plaintiff’s 2014 complaint states causes of action that arose in 2010 and are governed by three-year statutes of limitations, since plaintiff’s previous ...
Read More »Civil Practice — Statute of Limitations – Equitable Tolling – Nonjoinder
Administrative — Court Denies Accreditation for Massage School 
Professional Massage Training Center Inc. v. Accreditation Alliance of Career Schools & Colleges (Lawyers Weekly No. 001-058-15, 44 pp.) (Wilkinson, J.) No. 14-1086, March 24, 2015; USDC at Alexandria, Va. (O’Grady, J.) 4th Cir. Holding: In reviewing a professional accreditation ...
Tagged with: accreditation
Read More »Criminal Practice — Homicide by Child Abuse – Arrest Authority – Impeachment – Victim’s Urn – Autopsy Photos – Death Certificates
State v. Dial (Lawyers Weekly No. 010-043-15, 1 p.) (Per Curiam) Appealed from Lexington County Circuit Court (R. Knox McMahon, J.) On writ of certiorari to the Court of Appeals. S.C. S. Ct. Holding: We improvidently granted a writ to ...
Read More »Civil Practice — Federal Jurisdiction – Diversity – Fraudulent Joinder – Statute of Limitations – Federal Question – Real Property – Inflated Appraisals – Banks & Banking
Low v. VantageSouth Bank (Lawyers Weekly No. 002-054-15, 6 pp.) (Bruce Howe Hendricks, J.) 4:13-cv-03396; D.S.C. Holding: The complaint does not indicate when plaintiffs should have learned (1) about defendants’ alleged conspiracy or (2) that defendants’ appraisals were negligent or ...
Tagged with: Fraudulent Joinder
Read More »Attorneys — Legal Malpractice – Civil Practice – Statute of Limitations – Bankruptcy – FDCPA
Vieira v. Simpson (Lawyers Weekly No. 002-057-15, 26 pp.) (David Norton, J.) 2:13-cv-02610; D.S.C. Holding: Bankruptcy debtor Ken Goss knew at the loan closing that he wasn’t getting independent legal advice when his lawyer arranged a loan from the lawyer’s ...
Tagged with: Legal Malpractice
Read More »Tort/Negligence — Shooting Victim’s Cellphone Suit Dismissed
Johnson v. American Towers LLC (Lawyers Weekly No. 001-060-15, 29 pp.) (Floyd, J.) No. 13-1872, March 25, 2015; USDC at Columbia, S.C. (Currie, J.) 4th Cir. Holding: A South Carolina prison guard who was shot in his home allegedly on ...
Tagged with: Prison
Read More »Intellectual Property — Treble Damages Reversed in Paper Towel Case
Georgia-Pacific Consumer Products LP v. von Drehle Corp. (Lawyers Weekly No. 001-059-15, 53 pp.) (Niemeyer, J.) No. 13-2003, March 30, 2015; USDC at Raleigh, N.C. (Boyle, J.) 4th Cir. Holding: In Georgia-Pacific’s suit against defendant manufacturer of a cheaper paper ...
Tagged with: Trademark
Read More »Attorneys — Disqualification – Representation of Affiliate – Direct Adversary
North American Title Loans, LLC v. TitleMax of South Carolina, Inc. (Lawyers Weekly No. 007-002-15, 7 pp.) (Maité Murphy, J.) 015-03-06-02; S.C. Bus. Ct. Holding: A law firm that had an attorney-client relationship with plaintiff’s close affiliate may not represent ...
Tagged with: Attorneys
Read More »Civil Practice — Vulnerable Adult – Insufficient Evidence – Condition of Home
South Carolina Department of Social Services v. Patten (Lawyers Weekly No. 011-032-15, 7 pp.) (Aphrodite Konduros, J.) Appealed from York County Family Court (Joseph McGowan III, J.) S.C. App. Holding: Even though the 63-year-old appellant was living in a cluttered ...
Read More »Criminal Practice — Aiding & Abetting – Homicide by Child Abuse – Insufficient Evidence
State v. Lewis (Lawyers Weekly No. 010-042-15, 2 pp.) (Per Curiam) Appealed from Laurens County Circuit Court (Frank R. Addy Jr., J.) On writ of certiorari to the Court of Appeals. S.C. S. Ct. Holding: We dismiss as improvidently granted ...
Tagged with: Child Abuse
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