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Administrative – Social Security Disability – Treating Physician – Weight
The administrative law judge cited specific examples to explain why the 2018 opinion of treating physician Dr. Paul Weaver was not entitled to controlling weight: (1) Weaver’s treatment records “reflect no significantly adverse mental health findings” and (2) Weaver noted in April 2018 that plaintiff was riding a bicycle for exercise. However, the ALJ did […]
Administrative – Social Security Disability – RFC – Depression & Crohn’s Disease – Physicians’ Opinions
Although plaintiff’s depression is severe, the administrative law judge carefully considered plaintiff’s entire medical record, including his responsiveness to medication, multiple expert reports finding that he maintains a high degree of mental functioning and the capacity to work, and his own treating physician’s assessment that working will “help him psychologically.” The ALJ also inc[...]
Administrative – Social Security – Disability – Subjective Pain Complaints – Daily Activities
In this social security disability case, the administrative law judge erred by disregarding the claimant’s statements about her abdominal pain because the ALJ could not find an objective medical explanation for the intensity of her pain. The ALJ also erred by discrediting the claimant’s assertions of disabling pain based largely on her ability to perform […]
Administrative – Workers’ Compensation – Appeals – Reinstatement Denial – Lack of Findings
Where the Workers’ Compensation Commission summarily denied a motion to reinstate an appeal without engaging in a rational analysis of the good cause standard, the commission failed to exercise its discretion; consequently, there was no exercise of discretion to which we would defer. Plaintiff’s counsel mistakenly placed the due date for his appellate brief on […]
Administrative – Taxation – Appeals – Untimely Protests
In letters dated February 14, 2018, and August 16, 2018, the Department of Revenue denied the appellant-taxpayer’s claim of refunds on her 2012 and 2013 tax returns (filed on August 11, 2017, and August 13, 2018, respectively). Both the denial letters and S.C. Code Ann. § 12-60-450 required the taxpayer to file any protest within […]
Administrative – Social Security Disability – Narcolepsy – New Evidence – Contradictory
Plaintiff’s claim for social security disability, based on his narcolepsy, was denied. Thereafter, his doctor completed a one-page questionnaire in which she said that, if plaintiff were taking the appropriate level of stimulant medication, it would nevertheless be most probable that he would fall asleep at unpredictable times during the working portion of each work […]
Civil Practice – Subject Matter Jurisdiction – Administrative – Banks & Banking
The individual defendants, former bank executives, dispute the authority of the defendant Federal Deposit Insurance Corp. to bar “golden parachute” payments to the former executives. Their bank was not FDIC insured after Oct. 23, 2015, and its successor banks were never FDIC insured. However, the court need not decide whether the former executives are correct […]
Attorneys – Administrative & Civil Practice – Interlocutory Appeals – Scheduling Conflict
Where the Administrative Law Court reversed and remanded the Office of Motor Vehicle Hearings’ dismissal of plaintiff’s challenge to the suspension of her driver’s license, the ALC’s decision was not a final order and was not immediately appealable. The court notes the scheduling conflict that led to the OMVH dismissal and recommends that – although […]
Constitutional – Administrative – Real Property – Zoning – DOT Tree Removal
County of Charleston v. South Carolina Department of Transportation (Lawyers Weekly No. 011-042-17, 7 pp.) (James Lockemy, C.J.) Appealed from Charleston County Circuit Court (R. Markley Dennis Jr., J.) S.C. App. Holding: Even though a Charleston County zoning ordinance prohibits the removal of trees without a zoning permit, the state Department of Transportation is exempt […]
Real Property – Timeshares – Administrative – Agency Decisions – Certified Questions
Fullbright v. Spinnaker Resorts, Inc. (Lawyers Weekly No. 010-032-17, 16 pp.) (John Kittredge, J.) On certification from the U.S. District Court for the District of South Carolina. Holding: In response to certified questions, the court holds that, despite the Real Estate Commission’s authority over timeshares, a purchaser or lessee still has the right to bring […]
Constitutional – Administrative – Licenses & Permits – Number of Liquor Licenses
Retail Services & Systems, Inc. v. South Carolina Department of Revenue (Lawyers Weekly No. 010-020-17, 20 pp.) (Jean Hoefer Toal, Acting Justice) (Donald Beatty, C.J. & Costa Pleicones, Acting Justice, concurring in the result only without separate opinion) (John Kittredge, J., dissenting) Appealed from Aiken County Circuit Court (Doyet Early III, J.) S.C. S. Ct. […]
Civil Practice – Venue – Administrative – Medicaid Dispute
Genesis Health Care, Inc. v. Soura (Lawyers Weekly No. 002-066-17, 9 pp.) (Cameron McGowan Currie, S.J.) 3:16-cv-03376; D.S.C. Holding: Even though plaintiff purports to bring only statutory claims and not contract claims, since (1) plaintiff’s right to Medicaid reimbursement would not exist had it not entered into provider agreements with the South Carolina Department of […]
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
- Tort – Business Tort – Va. Computer Crimes Act – Trade Secrets
- Consumer Protection – FCRA – Auto Loan – Bank Accounting Errors
- Licenses & Permits – Beer & Wine Permit – Restrictive Covenant – Suitable Location
- Licenses & Permits – Veterinarian – Vaccine Maintenance
- State regulators look at car dealer accused of lying to customers
- Textile firm, railroad settle Graniteville train wreck lawsuit
- Subprime mortgage meltdown hits securities law
Commentary
- High court justices cross the line of propriety
- High court’s term was rough on big business
- The flip side of generative AI in law and how to address it
- The fight for equal educational opportunity continues
- Letter From The Editor – Working from Home
- NLRB joins FTC in taking aim at non-competes
- Supreme Court leaves key internet protection untouched
- US Supreme Court bites back at parody’s use of the First Amendment
- My goal: Provide the information that you need now
- Case study: North Carolina courts provide guidance on scope, limitations of attorney-client privilege
- A Different Ode to Pro Bono Work
- N.C. Bar Association embraces homophobia
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