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Civil Practice – Interlocutory Order – Consolidated Lawsuits – Leave to Intervene – Civil Conspiracy – Claim Preclusion
Circuit court erred in failing to analyze the issue and explain its decision related to whether a company should be allowed to intervene. We affirmed in part, reversed in part, […]
Civil Practice – Motion to Intervene – Prescriptive Easement – Fee Simple Title Claim – Rule 24 of the South Carolina Rules of Civil Procedure
The circuit court erred in denying appellant’s motion to intervene. We reversed the order denying appellant’s motion to intervene. DeBordieu Colony Community Association, Inc. is a private coastal community in […]
Real Property – Conservation Easement – Express Easement – Right to Access Parcel – Language in the Deed
The circuit court erred in interpreting section 4.3 of the Conservation Easement to give respondent an express easement over appellant’s Parcel to access respondent’s Parcel. We reversed the circuit court’s […]
Criminal Practice – Abuse of Discretion – Batson Analysis – Unrelated Prior Bad Act – Challenges to Strike Jurors
The circuit court did not abuse its discretion in failing to conduct the third step of the Batson analysis when considering the State’s explanations for using four of its five […]
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 […]
Criminal Practice – Mistrial – Double Jeopardy – Admission of Photographs – Evidence – Admission of Text and Facebook Messages
The trial court exercised sound discretion in declaring a mistrial in defendant’s first trial, after conscientiously considering alternatives to the drastic remedy of declaring a mistrial. We affirmed the decision […]
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 […]
Civil Practice – Breach of Contract – Res Judicata – Fraud – Fraudulent Concealment – Statute of Limitations – Survival Statute
Although Petitioner’s claim for breach of contract accompanied by fraudulent act survived Mrs. Hughes’ death, the claim is barred by res judicata. Petitioner’s causes of action for fraud and fraudulent […]
Criminal Practice – Jury Instruction – Definition of Malice – Without Just Cause or Excuse – The Hand of One Is the Hand of All – Burden of Proof
Because the trial court repeatedly instructed the jury on the State’s burden of proof, the phrase “intentional doing of a wrongful act without just cause or excuse” did not shift […]
Criminal Practice – Supervised Release – Oral Pronouncement – United States v. Rogers – Reporting Condition – Presentence Reports
The written judgment’s inclusion of the reporting condition dispelled any ambiguity in the district court’s oral pronouncement. Finding no error, we affirmed the judgment of the district court. Quinn Hakeem […]
Criminal Practice Sentencing Guidelines – Downward Variance – Mitigation Argument – Court’s Discretion
The district court acted within its discretion in declining to vary defendant’s sentence downward. We affirmed the district court’s judgment. Ricky Dewayne Johnson pleaded guilty to assaulting a federal officer […]
Civil Practice – Pro Se – Family and Medical Leave Act – De Novo – Magistrate Judge – Statute of Limitations – Equitable Tolling
As plaintiff’s objections satisfied the low bar of alerting the district court of the grounds on which he objected, the district court was required to review plaintiff’s objections de novo. […]
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
- ‘AI won’t take your job’ and other things CEOs say before the layoffs
- When not to believe (your lyin’ eyes)
- Conduct a technology audit to improve law firm efficiency
- When the client brings ChatGPT to the consultation
- Where is she now, this model who was so beautiful?
- Content Marketing: Where law firms lose referrals and how to prevent it
- 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
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