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No private cause of action for FOIA violation, COA rules
Not unlike the famous quote that begins episodes of the television show Law & Order, in South Carolina the guarantee of open government is protected by two separate, yet equally important statutes: the Public Records Act, which governs the records government agencies must keep, and the Freedom of Information Act, which governs what they must […]
FOIA challenge to hotel’s approval swatted back
The South Carolina Court of Appeals has affirmed a review board’s decision to give the green light to a proposed mixed-use development in Summerville—more than four years after the board gave the project its approval. In 2014, the Town of Summerville and its redevelopment corporation entered into a public-private partnership agreement with developer Applegate […]
Attorneys recover fees for school shooting video request
The attorneys representing the estate of a Townville boy who was shot and killed at school have recouped $16,815 in attorneys’ fees for their work requesting the school video of the shooting through the Freedom of Information Act, the attorneys report. Field Dunaway and Tom W. Dunaway of Dunaway Law Firm in Anderson represent […]
County estimates $75,000 for records; cities offer for free
One coastal South Carolina government wanted to charge a newspaper $75,000 for a public records request that other governments filled for free. The Sun News of Myrtle Beach used a Freedom of Information Act request to ask for all records on payments to settle lawsuits or threats to sue over the past five years. Horry […]
Civil Rights – FOIA – Attorneys’ Fees – Unsupported Rate
After ruling for plaintiff on his claim under the Freedom of Information Act, the circuit court awarded plaintiff attorneys’ fees but failed to consider all the factors set out in Burton v. York Cty. Sheriff’s Dep’t, 358 S.C. 339, 594 S.E.2d 888 (Ct. App. 2004). The factors that the circuit court did consider support the […]
Chambers of commerce can use public money without being subject to FOIA
A divided South Carolina Supreme Court has overturned a trial judge’s ruling that the Hilton Head Island-Bluffton Chamber of Commerce is a public body under the state’s Freedom of Information Act—much to the dismay of some transparency advocates. “It certainly was a disappointment,” said Jay Bender, a Columbia media law attorney who filed an […]
Civil Rights – FOIA – Accommodations Tax – Designated Marketing Organization – Records Review
Although the defendant-chamber of commerce receives and spends public funds (from the accommodations tax (A-Tax)), the chamber is not subject to the Freedom of Information Act. Instead, the A-Tax statute and Proviso 39.2 of the Appropriation Act for Budget Year 2012–2013 (Proviso 39.2) provide a specific and comprehensive approach for the receipt, expenditure, and oversight […]
Civil Rights – FOIA – Attorneys – Discipline – Complaints against Solicitor
Because Rule 12(b), RLDE, indicates that lawyer disciplinary complaints do not become public until after formal charges are filed, and because no formal charges were filed against the defendant-solicitor, any disciplinary complaints against the solicitor would not be public documents, and she would not be required to disclose them pursuant to the Freedom of Information […]
UPDATE: Court of Appeals withdraws decision against Lawyers Weekly
The South Carolina Court of Appeals has inexplicably withdrawn a published opinion that had affirmed a trial judge’s order dismissing Lawyers Weekly’s public records lawsuit against 9th Circuit Solicitor Scarlett Wilson.
Public or private? Appellate court considers FOIA case against prosecutor
The South Carolina Court of Appeals heard arguments earlier this month in Lawyers Weekly’s public records lawsuit against 9th Circuit Solicitor Scarlett Wilson. The case of first impression centers on whether ethical complaints and disciplinary records related to a lawyer’s conduct as a public official should be kept private. Wilson’s attorney, J. Emory Smith Jr., […]
Lawmakers mull big changes to public records laws
South Carolina lawmakers are considering several bills that would bring significant changes to the state’s public records laws and create a new branch of the Administrative Law Court to consider requests made under the Freedom of Information Act. Under the main piece of legislation, House Bill 3352, the state’s public agencies would have to react […]
Municipal – FOIA – Town Council – Executive Sessions – Notice
Brock v. Town of Mount Pleasant (Lawyers Weekly No. 010-025-16, 7 pp.) (John Kittredge, J.) Appealed from Charleston County Circuit Court (J.C. Nicholson Jr., J.) On writ of certiorari to the Court of Appeals. S.C. S. Ct. Holding: Special town council meetings require a posted agenda, though items outside the agenda may be added to […]
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
- Virginia Tech student got due process in hearing
- 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
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