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Too late
Remember when the South Carolina Supreme Court declared that the state’s solicitor-controlled criminal docket was unconstitutional. That happened in November 2012, when the court issued the Langford decision. Two years, nine months and a few weeks later, solicitors are still very much in control of the docket – a power that defense lawyers say has […]
SC appeals ruling that tosses out gay marriage ban
COLUMBIA (AP) — South Carolina Attorney General Alan Wilson is formally appealing a judge’s ruling that tossed out the state’s ban on same-sex marriages. Wilson on Thursday filed a notice he would be appealing to the 4th U.S. Circuit Court of Appeals in Richmond, Virginia. He has called the ruling no surprise and that he […]
Bankruptcy – Appeals – Mootness – Hospital Asset Sale – Constitutional – Dual Office Holding
Alexander v. Barnwell County Hospital Even though, by the time the bankruptcy court allowed the defendant-hospital to consummate its bankruptcy plan, the S.C. Supreme Court had already ruled that it was unconstitutional for the county council to install itself as the hospital’s board, this appeal – seeking an unwinding of that plan – is moot.
Civil Rights – Excessive Force – Deputy Sheriff – Sheriff & Detention Center
Shelley v. County of Kershaw The parties’ arguments assume that the defendant-county’s detention center had a policy of non-intervention: detention center officers may not exit the intake area of the detention center and intervene in an altercation between a deputy sheriff and a detainee. However, there is no evidence that, prior to the handcuffed plaintiff’s beating by a deputy sh[...]
Prisons & Jails – Parole – Constitutional – Ex Post Facto Law – Board Quorum
Barton v. South Carolina Department of Probation Parole & Pardon Services A change in a parole statute -- requiring a two-thirds vote of the parole board rather than a majority vote to grant parole to violent offenders -- is an unconstitutional ex post facto law as applied to petitioner, who was convicted of murder before the statutory amendment. Even under the new law, a vote in fa[...]
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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