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First COVID-era criminal jury trial ends with murder conviction
After months of delays, the South Carolina courts are now starting to forge ahead with criminal jury trials, albeit on a limited basis. The attorneys involved in the very first trial convened since the COVID-19 pandemic began back in March had mixed reactions to how it all played out, although all of the attorneys agreed […]
Real Property — Mortgages – Guaranty – Constitutional – Jury Trial Right – Equitable Action – Permissive Counterclaims
Carolina First Bank v. BADD, L.L.C. (Lawyers Weekly No. 010-017-15, 8 pp.) (Costa Pleicones, J.) Appealed from Horry County Circuit Court (Steven John, J.) On writ of certiorari to the Court of Appeals. S.C. S. Ct. Holding: In a mortgage foreclosure action, S.C. Code Ann. § 29-3-660 gives to the court – not a jury […]
Justice in the fast lane
Speedy trial has taken on new meaning in South Carolina with the statewide rollout of an updated dispute resolution process, which is touted as a means to unburden the backlogged courts while also giving lawyers more chances to argue in front of juries.
Bankruptcy – Constitutional – Jury Trial – Motion to Withdraw Reference
Official Committee of Unsecured Creditors v. National Patent Development Corp. While the bankruptcy court cannot enter a final judgment on certain state law claims, Stern v. Marshall, 131 S. Ct. 2594 (2011), the bankruptcy court can nevertheless handle pretrial proceedings.
Administrative – Stark Law Violations – False Claims Act – Constitutional – Jury Trial – Hospital
U.S. ex rel. Michael K. Drakeford MD v. Tuomey Healthcare System Inc. A federal appeals court vacates a $45 million judgment against a Sumter, S.C., health care system for Stark Law violations and sends the case back, saying the district court’s handling of the case violated the defendant’s Seventh Amendment right to a jury.
Criminal Practice – Insanity Defense – State’s Evidence – Jury Trial
State v. Senter Defendant presented lay and expert opinion that he had delusions of persecution by the FBI and did not know right from wrong when he shot his wife; however, the state presented lay testimony that defendant was calm around the time of the shooting and evidence that defendant planned the shooting and tried to hide it. Evidence of defendant’s sanity was sufficient to create[...]
Constitutional – Jury Trial – Waiver – Real Property – Foreclosure — Mortgages — Promissory Note – Counterclaims – Tort/Negligence
Wachovia Bank, N.A. v. Blackburn Although the prominent jury trial waiver in defendants’ promissory notes is valid and binding, it does not apply to defendants’ counterclaims, which are based on their allegations that the bank partnered with a developer and made misrepresentations about the properties being sold and the construction of amenities. We affirm the trial court’s rulin[...]
Tort/Negligence – FELA Claim – Summary Judgment – Jury Trial – Genuine Issue of Material Fact – Knee Injury – Release
Bean v. S.C. Central Railroad. (Lawyers Weekly No. 011-038-11, 15 pp.) (John D. Geathers, J.) Appealed from Darlington County Circuit Court. (Paul M. Burch, J.) S.C. App. Click here for the full text of the opinion. Holding: A former railroad employee could not upset summary judgment in favor of his former employer in a dispute […]
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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