Criminal Practice – First Step Act of 2018 – Time Credits
Because Appellant’s multiple-term sentence includes a sentence for a disqualifying conviction and is, by reason of § 3584(c), to be treated as a single aggregate sentence, Appellant is ineligible for […]
Criminal Practice – Special Condition – Court-Mandated Drug Testing
The plain terms of Special Condition 10 foreclosed Defendant’s appellate contention. We affirmed Defendant’s sentence. In this criminal appeal from the District of South Carolina, Defendant contested a single special […]
Criminal Practice – First Step Act Sentence Reduction – Redressability
We left for another day the question of whether an amended criminal judgment entered after a First Step Act sentence reduction qualifies as a new judgment for purposes of the […]
Criminal Practice – Immigration Consequences of Guilty Plea – Withdrawal of Guilty Plea
The district court’s failure to provide advice on immigration consequences of Defendant’s guilty plea did not affect Defendant’s substantial rights. We affirmed the judgments of conviction for both Defendant and […]
Civil Practice – Class Certification – Breach of Contract
Because Plaintiff’s claim and the claims of all the purported class members are essentially individualized claims requiring mini trials as to each, common questions do not predominate and that therefore […]
Civil Practice – South Carolina Tort Claims Act – State-Law Immunity
The district court erred in relying on a determination that S.C. Code § 15-78-60(2) extends to non-discretionary acts. We vacated in part and remanded. A South Carolina state court judge […]
Civil Practice – Class Certification – Door Closing Statute
Rule 23 governs Plaintiff’s claims, and the district court erred by applying the Door Closing Statute. We reversed the district court’s order denying Plaintiff’s motion for class certification and remanded. […]
Criminal Practice – Crime of Interstate Domestic Violence – Use-of-Fire Charge
Because conduct undertaken to conceal a victim’s death after the fact lies beyond the reach of the interstate domestic violence statute, Defendant did not use fire to commit the felony […]
Labor & Employment – Food Safety Modernization Act – ‘Contributing Factor’ in Employee’s Dismissal
The record allows a reasonable jury to determine that Plaintiff’s food safety complaints contributed to Defendant’s decision to fire him, and that Defendant may not have made that decision if […]
Bankruptcy – Subject-Matter Jurisdiction – Bankruptcy Cases Involving Solvent Debtors
Federal courts have subject-matter jurisdiction over bankruptcy cases filed by debtors who may be able to pay their obligations. We affirmed the bankruptcy court’s denial of the motion to dismiss […]
Constitutional – Public Safety Threats – Constitutionally Protected Property Interest
The City of Myrtle Beach acted within its lawful authority to address serious public safety threats and enforce compliance with state and local regulations. We affirmed the district court. This […]
Insurance – Underinsured Motorist Coverage – Stacking UIM Coverage
Neither South Carolina law nor the terms of the insurance policy entitled the insured to stack coverage. We affirmed. Edward Joseph Walsh, III was riding his lawn mower when he […]
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
- We tore out our own backup generator
- When is a PIP an adverse employment action?
- Legally Speaking: What spring can teach us about active listening
- A useful patent management government notice
- The third option: Why your best employees are quietly losing their edge
- ‘AI won’t take your job’ and other things CEOs say before the layoffs
- When not to believe (your lyin’ eyes)
- Conduct a technology audit to improve law firm efficiency
- When the client brings ChatGPT to the consultation
- Where is she now, this model who was so beautiful?
- Content Marketing: Where law firms lose referrals and how to prevent it
- Your best people are not leaving for more money — they are leaving because you stopped paying attention




