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Tag Archives: Jury Trial

Justice in the fast lane (access required)

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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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Administrative – Stark Law Violations – False Claims Act – Constitutional – Jury Trial – Hospital (access required)

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.

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Criminal Practice – Insanity Defense – State’s Evidence – Jury Trial (access required)

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.

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Constitutional – Jury Trial – Waiver – Real Property – Foreclosure — Mortgages — Promissory Note – Counterclaims – Tort/Negligence (access required)

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.

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