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Criminal Practice – Search & Seizure – Traffic Stop – Reasonable Detention – Questioning – Consent to Search
State v. Provet (Lawyers Weekly No. 011-013-11, 8 pp.) (H. Bruce Williams, J.) Appealed from Greenville County Circuit Court. (Carmen T. Mullen, J.) S.C. App. Click here to read the full text of the opinion. Holding: Even if the police officer’s questioning of defendant was unrelated to the purpose of the traffic stop, the Fourth […]
Tort/Negligence -Real Property – Development – Breach of Implied Warranty – Statute of Repose
Holly Woods Association of Residence Owners v. Hiller (Lawyers Weekly No.11-021-11, 11 pp.) (James E. Lockemy, J.) Appealed from Greenville County Circuit Court. (Edward W. Miller, J.) S.C. App. Click here to read the full text of the opinion. Holding: Even though the first buildings in the development were built between 1978 and 1983, the […]
Tort/Negligence – Conversion – Civil Conspiracy – Expert Witness – Actual Damages – Punitive Damages
Jenkins v. Few. The essence of a civil conspiracy claim is the damage resulting to the plaintiff. The damages alleged must go beyond the damages alleged in other causes of action. The evidence in this case supported the trial court's ruling that the plaintiff alleged . . .
Municipal – Constitutional – Ordinance – Disturbing Persons – Street Preacher – Overbroad
City of Greenville v. Bane. Greenville Code § 24-32(3) makes it unlawful to "molest or disturb any person by the making of obscene remarks or such remarks and actions as would humiliate, insult, or scare any person. ..." Since the words that humiliate, insult or scare one person may not have the same effect on another person, people of common intelligence may be forced to guess at the pr[...]
Criminal Practice – Right to Remain Silent – Miranda Warnings – Waiver – 17-Year-Old Special Education Student – Evidence – Surveillance Footage – Failure to Preserve – Grand Jury Proceedings – Prior Inconsistent Statements
State v. Moses. (Lawyers Weekly No. 011-132-10, 11 pp.) (Daniel F. Pieper, J.) Appealed from Greenville County Circuit Court. (John C. Few, J.) S.C. App. Click here for the full text of the opinion. Holding: Even though the 17-year-old special education student was kept separate from his mother during a police interview, he understood and […]
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
- 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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