South Carolina Lawyers Weekly

Powell v. Palisades Acquisition XVI LLC (Lawyers Weekly No. 001-004-15, 23 pp.) (Niemeyer, J.) No. 14-1171, Dec. 18, 2014; USDC at Baltimore, Md. (Bennett, J.) 4th Cir. Holding: Filing of an assignment of judgment in a debt collection action qualifies ...

Tagged with: Debt Collection

Whiteside v. U.S. (Lawyers Weekly No. 001-005-15, 31 pp.) (Wilkinson, J.) No. 13-7152, Dec. 19, 2014; USDC at Asheville, N.C. (Reidinger, J.) 4th Cir. Holding: Although a convicted drug offender says he should be resentenced without a career offender enhancement, ...

Tagged with: Sentencing

U.S. v. Sanya (Lawyers Weekly No. 001-006-15, 27 pp.) (Motz, J.) No. 13-4937, Dec. 17, 2014; USDC at Greenbelt, Md. (Messitte, J.) 4th Cir. Holding: A district judge who repeatedly encouraged defendant to accept a plea to additional charges of ...

Tagged with: Judges

U.S. v. Mason (Lawyers Weekly No. 001-007-15, 29 pp.) (Wilkinson, J.) No. 12-8042, Dec. 18, 2014; USDC at Columbia, S.C. (Currie, J.) 4th Cir. Holding: A split 4th Circuit panel denies post-conviction relief to a convicted drug dealer, who is ...

Tagged with: ineffective assistance

Omargharib v. Holder (Lawyers Weekly No. 001-008-15, 23 pp.) (Floyd, J.) No. 13-2229, Dec. 23, 2014; On Petition for Review; 4th Cir. Holding: An Egyptian national’s prior conviction for grand larceny under Va. Code § 18.2-95 does not count as ...

Tagged with: grand larceny

Walker v. Mod-U-Kraf Homes LLC (Lawyers Weekly No. 001-009-15, 24 pp.) (Agee, J.) No. 14-1038, Dec. 23, 2014; USDC at Roanoke, Va. (Conrad, J.) 4th Cir. Holding: A co-worker’s persistent “boorish” and “moronic” sexual comments, gestures and invitations to plaintiff ...

Tagged with: Hostile Environment

Sparkman v. A.W. Chesterton Co. (Lawyers Weekly No. 002-002-15, 10 pp.) (David Norton, J.) 2:12-cv-02957; D.S.C. (Foster Wheeler Energy Corp. motion) Holding: Even though defendant Foster Wheeler Energy Corp. may have manufactured one of the boilers that plaintiffs’ decedent worked ...

Tagged with: mesothelioma

Jenkins v. United States (Lawyers Weekly No. 002-001-15, 7 pp.) (David Norton, J.) 2:12-cv-01346; D.S.C. Holding: Even if the court were to assume that a mail carrier was somehow negligent (perhaps in pulling slightly off to the right side of ...

Tagged with: comparative negligence FTCA

Srivastava v. Srivastava (Lawyers Weekly No. 011-003-15, 15 pp.) (John Geathers, J.) Appealed from Beaufort County Family Court (Peter Fuge, J.) S.C. App. Holding: Since the evidence indicates that the defendant-husband forgave the plaintiff-wife for having an extramarital affair, and ...

Tagged with: Adultery

State v. Douglas (Lawyers Weekly No. 011-002-15, 21 pp.) (John Geathers, J.) Appealed from Chesterfield County Circuit Court (J. Michael Baxley, J.) S.C. App. Holding: Since the deceased was initially invited into defendant’s home and later attacked defendant there, defendant ...

Tagged with: Stand Your Ground