The defendant-law firm’s original debt collection letter didn’t violate 15 U.S.C. § 1692g of the Fair Debt Collection Practices Act just because it mentioned that litigation could be commenced during the same period in which the plaintiff-debtor could contest the ...

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A motion for sanctions under Rule 11, SCRCP, filed by defendant nine days after remittitur from plaintiff’s unsuccessful appeal, was timely, especially since one part of the consolidated appeal involved the same conduct at issue in the Rule 11 motion. ...

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Only a week before trial, the state disclosed a witness who was represented by an attorney in the public defender’s office in obtaining a deal for his testimony against defendant. Although no explicit screening mechanism was in place between that ...

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  A trial judge did not abuse his discretion when, just two weeks before the start of a capital murder trial, he removed and replaced the defendant’s bickering attorneys, the state Supreme Court ruled Dec. 20. The defendant, Allen Cottrell, ...

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State v. Cottrell (Lawyers Weekly No.010-001-18, 24 pp.) (Kaye Hearn, J.) (John Few, J., concurring in the result only) Appealed from Horry County Circuit Court (Larry Hyman Jr., J.) S.C. S. Ct. Holding: When the first chair defense attorney accused ...

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A hearing has been scheduled in a lawsuit accusing a South Carolina jail of violating inmates’ constitutional rights by preventing them from meeting with lawyers from a civil liberties group. Court documents filed Tuesday show a hearing is scheduled for ...

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Tuomy v. Nexsen Pruet, LLC (Lawyers Weekly No. 002-117-17, 9 pp.) (Margaret Seymour, S.J.) 3:16-cv-02806; D.S.C. Holding: Although defendant’s defenses may raise issues of federal law, the complaint does not call into question the proper interpretation of the Stark Law ...

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Editor’s Note: On petitions for rehearing in Stone v. State, the court denied the petitions, withdrew its previous opinion, and filed a substitute opinion. The only changes in the substituted opinion are at the end of the “Evidence of Brain ...

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Robertson v. State (Lawyers Weekly No. 010-099-16, 20 pp.) (Donald Beatty, J.) (Costa Pleicones, C.J., concurring in part & dissenting in part) (Jean Hoefer Toal, Acting Justice, dissenting) Appealed from York County Circuit Court (Lee Alford, J.) S.C. S. Ct. ...

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Rainsford v. Apex Bank (In re Gup’s Hill Plantation, LLC) (Lawyers Weekly No. 003-021-16, 9 pp.) (David Duncan, C.J.) 16-80104; B.S.C. Holding: Even though plaintiff had an email exchange with a lawyer who said he represented the defendant-bank, since (1) ...

Tagged with: Attorneys