Please ensure Javascript is enabled for purposes of website accessibility


Aug 22, 2014

Corporate – Promoter – Contract – Tort/Negligence – First Impression

Hansen v. Fields Co. (Lawyers Weekly No. 010-097-14, 8 pp.) (Kaye Hearn, J.) Appealed from Charleston County Circuit Court (Kristi Harrington, J.) S.C. S. Ct. Holding: Since the defendant-LLC never ratified any of its promoter’s preformation contracts, the LLC is not liable for any breach of those contracts; moreover, we adopt the majority rule that […]

Aug 22, 2014

Contract – Civil Practice – Issue Preservation – Contract Existence – Satisfaction

Stevens & Wilkinson of South Carolina, Inc. v. City of Columbia (Lawyers Weekly No. 010-094-14, 5 pp.) (Kaye Hearn, J.) Appealed from Richland County Circuit Court (L. Casey Manning, J.) On writ of certiorari to the Court of Appeals. Opinion No. 27433, S.C. S. Ct. Holding: The only issue that the defendant-city properly raised before […]

Jul 18, 2014

Criminal Practice – Evidence – Proffer Agreement – Defendant’s Breach – Admission of Statements

State v. Wills (Lawyers Weekly No. 010-075-14, 23 pp.) (Costa Pleicones, J.) (Donald Beatty, J., joined by Kaye Hearn, J., dissenting) Appealed from Horry County Circuit Court (Steven John, J.) On writ of certiorari to the Court of Appeals. S.C. S. Ct. Holding: Defendant and his attorney executed a proffer agreement wherein defendant agreed that […]

Aug 26, 2013

Tort/Negligence – Products Liability – ‘User’ – Label Warnings – Sophisticated User Doctrine

Lawing v. Trinity Manufacturing, Inc. Reading a package’s warning label is “using” the product; therefore, plaintiff was a user of defendants’ product when he checked the label to decide whether a blowtorch could be used near the product.

May 2, 2012

Tort/Negligence – Medical Malpractice – Civil Practice – Pre-Filing Affidavit – Breach – Proximate Cause

Grier v. AMISUB of South Carolina, Inc. Read together, S.C. Code Ann. §§ 15-79-125(A) and 15-36-100 require a medical malpractice plaintiff to file a notice of her intent to file suit, including an affidavit of an expert witness as to the defendant’s breach of the standard of care. The expert’s affidavit need not address proximate cause at the pre-filing stage.

Oct 18, 2011

Attorneys – Fiduciary Duty – Question of Law – Breach – Question of Fact – Former Client – Trusts & Estates – Life Insurance

Spence v. Wingate Although the existence of a fiduciary duty is a question of law for the court, our Court of Appeals was correct that there is a genuine issue of material fact as to whether the defendant-attorney breached his fiduciary duty to his former client. We modify and affirm the Court of Appeals’ decision, which reversed the circuit court’s grant of partial summary judgmen[...]

Business Law

See all Business Law News


See all Commentary


How Is My Site?

View Results

Loading ... Loading ...