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 ...

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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 ...

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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.

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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.

Tagged with: Bankruptcy Constitutional Jury Trial

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.

Tagged with: Administrative Constitutional False Claims Act Hospital 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 an issue for the jury.

Tagged with: Criminal Practice Jury Trial

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 ruling that defendants waived their right to a jury trial in matters related to the promissory notes and other loan documents. We reverse the trial court’s ruling that defendants’ counterclaims are encompassed by the waiver.

Tagged with: Constitutional counterclaims Foreclosure Jury Trial Mortgages Promissory Note Real Property Tort/Negligence Waiver

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 ...

Tagged with: Darlington County Jury Trial Summary Judgment Tort/Negligence