South Carolina Lawyers Weekly

After shots were fired at Richard Simmons’ house, defendant joined Simmons in trying to chase down the shooters, and Simmons shot at the victim, believing she was one of the shooters. Under these circumstances, evidence of defendant’s gang affiliation was ...

Tagged with: Criminal Practice

Even though the jury found that the defendant-insurer had been negligent, the jury also found that the insurer had not breached its duty of good faith and fair dealing. South Carolina does not recognize a cause of action for negligence ...

Tagged with: Tort/Negligence

The affidavits in support of respondents’ summary judgment motion did not set forth facts supporting the elements of equitable estoppel or estoppel by deed; consequently, appellant’s failure to respond with affidavits of his own did not entitle respondents to summary ...

Tagged with: Trusts & Estates

In order to refute defendant’s claim that his gun – which was never found – discharged accidentally, a detective gave the jury a rudimentary explanation of how single-action and double-action revolvers are fired. Since this explanation could be grasped immediately ...

Tagged with: Criminal Practice

When plaintiff leased parking spaces in a lot across the street from his business, the lease’s property description exhibit included, not only the parking spaces, but also the lessor’s entire property: buildings, a parking lot, and other land. The lease ...

Tagged with: Real Property

Our state constitutional right to privacy extends to a woman’s decision to have an abortion. The state unquestionably has the authority to limit the right of privacy that protects women from state interference with her decision, but any such limitation ...

Tagged with: Constitutional

A counselor testified that it was “more likely than not” that a six-year-old would be traumatized by testifying and that the child was substantially likely to experience certain distress symptoms. This testimony was not sufficient to support the family court’s ...

Tagged with: Domestic Relations

A parent wrote a letter to the respondent-school board, asking the board to reopen the school transfer request window. The day after the board met in executive session, the board chairmen sent the parent a letter, explaining that the parent ...

Tagged with: Schools & School Boards

Plaintiff’s decedent was admitted to the defendant-hospital based on recent behavior suggesting he was experiencing acute psychosis. Without reaching out to his emergency contact, one of the defendant-doctors released the decedent against medical advice, and the decedent died a short ...

Tagged with: Tort/Negligence

Although our decision in a prior appeal said the parties’ 2002 and 2003 brokerage service agreements (BSAs) were irrelevant because they predated an alleged steering and kickback scheme, the trial on remand produced substantially different evidence, i.e., testimony that part ...

Tagged with: Arbitration