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  • Commentaries
  • Judgments

South Carolina Case Commentaries

Finality of Partial Acquittals and Limits on Mistrials After Jury Polling: The South Carolina Supreme Court’s Double-Jeopardy Blueprint in State v. Erb (2025)

Finality of Partial Acquittals and Limits on Mistrials After Jury Polling: The South Carolina Supreme Court’s Double-Jeopardy Blueprint in State v. Erb (2025)

Date: Sep 9, 2025
Finality of Partial Acquittals and Limits on Mistrials After Jury Polling: The South Carolina Supreme Court’s Double-Jeopardy Blueprint in State v. Erb (2025) Introduction In State v. John Joseph...
State v. Sweet – Waiver of Non-Jurisdictional Indictment Defects After a Guilty Plea

State v. Sweet – Waiver of Non-Jurisdictional Indictment Defects After a Guilty Plea

Date: Aug 25, 2025
State v. Sweet – Waiver of Non-Jurisdictional Indictment Defects After a Guilty Plea Introduction In State v. Tony T. Sweet, Opinion No. 28297 (Aug. 20, 2025), the South Carolina Supreme Court...
Commentary:  “Meritorious Defense” Now Encompasses Damages and Causation —  Green v. Johnson, 28296 (S.C. 2025)

Commentary: “Meritorious Defense” Now Encompasses Damages and Causation — Green v. Johnson, 28296 (S.C. 2025)

Date: Aug 15, 2025
“Meritorious Defense” Now Encompasses Damages and Proximate Cause: A Detailed Commentary on Green v. Johnson (Supreme Court of South Carolina, 2025) 1. Introduction Green v. Johnson presented the...
Green v. McGee: Carving Out Punitive Damages from Set-Offs and Preserving Joint-and-Several Liability for Reckless Tortfeasors

Green v. McGee: Carving Out Punitive Damages from Set-Offs and Preserving Joint-and-Several Liability for Reckless Tortfeasors

Date: Aug 15, 2025
Green v. McGee: Carving Out Punitive Damages from Set-Offs and Preserving Joint-and-Several Liability for Reckless Tortfeasors 1. Introduction This commentary examines the South Carolina Supreme...
Shift-Differential & Premium Pay as “Earnable Compensation” under the South Carolina Retirement System:  A Commentary on William M. Luce v. Lexington County Health Services District, Inc.

Shift-Differential & Premium Pay as “Earnable Compensation” under the South Carolina Retirement System: A Commentary on William M. Luce v. Lexington County Health Services District, Inc.

Date: Aug 13, 2025
Shift-Differential & Premium Pay Are “Earnable Compensation” under the South Carolina Retirement System Introduction In William M. Luce v. Lexington County Health Services District, Inc., the Supreme...
Carroll v. Isle of Palms Pest Control, Inc.: South Carolina Re-anchors the Economic Loss Rule in Product Liability Law

Carroll v. Isle of Palms Pest Control, Inc.: South Carolina Re-anchors the Economic Loss Rule in Product Liability Law

Date: Jul 24, 2025
Carroll v. Isle of Palms Pest Control, Inc.: South Carolina Re-anchors the Economic Loss Rule in Product Liability Law Introduction In James E. Carroll, Jr. v. Isle of Palms Pest Control, Inc., the...
“Loud-Boisterous-Unreasonable”: Whitehurst v. Town of Sullivan’s Island and the Constitutional Resilience of General-Noise Ordinances

“Loud-Boisterous-Unreasonable”: Whitehurst v. Town of Sullivan’s Island and the Constitutional Resilience of General-Noise Ordinances

Date: Jul 23, 2025
“Loud-Boisterous-Unreasonable”: Whitehurst v. Town of Sullivan’s Island and the Constitutional Resilience of General-Noise Ordinances Introduction In Meredith Logan Whitehurst v. Town of Sullivan’s...
The “Dent Doctrine” – When the Indictment Rules the Trial: South Carolina Supreme Court bars constructive amendment of child-sex indictments

The “Dent Doctrine” – When the Indictment Rules the Trial: South Carolina Supreme Court bars constructive amendment of child-sex indictments

Date: Jul 23, 2025
The “Dent Doctrine” – When the Indictment Rules the Trial: South Carolina Supreme Court bars constructive amendment of child-sex indictments 1. Introduction In State v. Charles Dent, Opinion...
Clarifying Prejudice in Ineffective Assistance Claims: Collateral Injury Evidence and Extreme Indifference

Clarifying Prejudice in Ineffective Assistance Claims: Collateral Injury Evidence and Extreme Indifference

Date: May 29, 2025
Clarifying Prejudice in Ineffective Assistance Claims: Collateral Injury Evidence and Extreme Indifference Introduction Mitchell Rivers v. State of South Carolina (No. 28285, May 28, 2025) addresses...
Welch v. Atlas Turner: Enforcement of Corporate Discovery Obligations and Pre-Judgment Receivership Over Insurance Assets

Welch v. Atlas Turner: Enforcement of Corporate Discovery Obligations and Pre-Judgment Receivership Over Insurance Assets

Date: May 22, 2025
Enforcement of Corporate Discovery Obligations and Pre-Judgment Receivership Over Insurance Assets Introduction In Donna B. Welch v. Atlas Turner, Inc., the Supreme Court of South Carolina confronted...
Establishing Objective Cardiac Activity as the Definitive “Fetal Heartbeat” Under the 2023 South Carolina Fetal Heartbeat Act

Establishing Objective Cardiac Activity as the Definitive “Fetal Heartbeat” Under the 2023 South Carolina Fetal Heartbeat Act

Date: May 15, 2025
Establishing Objective Cardiac Activity as the Definitive “Fetal Heartbeat” Under the 2023 South Carolina Fetal Heartbeat Act Introduction This commentary examines the Supreme Court of South...
Definite One-Year Suspension for Repeated Criminal and Professional Misconduct: In the Matter of Foster

Definite One-Year Suspension for Repeated Criminal and Professional Misconduct: In the Matter of Foster

Date: May 1, 2025
Definite One-Year Suspension for Repeated Criminal and Professional Misconduct: In the Matter of Foster Introduction In In the Matter of David Mark Foster, Appellate Case No. 2024-001660, the Supreme...
Palmetto Pointe v. Tri-County Roofing: Covenant-Not-to-Execute Setoff Under S.C. Code §15-38-50

Palmetto Pointe v. Tri-County Roofing: Covenant-Not-to-Execute Setoff Under S.C. Code §15-38-50

Date: May 1, 2025
Palmetto Pointe v. Tri-County Roofing: Covenant-Not-to-Execute Setoff Under S.C. Code §15-38-50 Introduction In Palmetto Pointe at Peas Island Condominium Property Owners Association, Inc. and Jack...
Validation of Exclusive Administrative Forum Clauses under Section 11-35-4230

Validation of Exclusive Administrative Forum Clauses under Section 11-35-4230

Date: Apr 24, 2025
Validation of Exclusive Administrative Forum Clauses under Section 11-35-4230 Introduction The consolidated appeals in Intellectual Capital, Inc. v. Chief Procurement Officer (Appellate Case No....
Clarifying Real Estate Licensee Liability: No Private Cause of Action Under the South Carolina Residential Property Condition Disclosure Act and the Justifiable Reliance Standard in Negligent Misrepresentation Claims

Clarifying Real Estate Licensee Liability: No Private Cause of Action Under the South Carolina Residential Property Condition Disclosure Act and the Justifiable Reliance Standard in Negligent Misrepresentation Claims

Date: Apr 24, 2025
Clarifying Real Estate Licensee Liability: No Private Cause of Action Under the South Carolina Residential Property Condition Disclosure Act and the Justifiable Reliance Standard in Negligent...
Establishing Severe Sanctions for Serial Frivolous Filings Under Rule 11 SCRCP

Establishing Severe Sanctions for Serial Frivolous Filings Under Rule 11 SCRCP

Date: Apr 17, 2025
Establishing Severe Sanctions for Serial Frivolous Filings Under Rule 11 SCRCP Introduction In Russell Bauknight v. Adele Pope, the Supreme Court of South Carolina clarified the scope and severity of...
Trial Court’s Discretion in Self-Defense Jury Instructions: Precision of Verbiage Not Required When Law Is Adequately Covered

Trial Court’s Discretion in Self-Defense Jury Instructions: Precision of Verbiage Not Required When Law Is Adequately Covered

Date: Apr 17, 2025
Trial Court’s Discretion in Self-Defense Jury Instructions: Precision of Verbiage Not Required When Law Is Adequately Covered Introduction State v. Mark Anthony Hailey Jr. (Supreme Court of South...
Establishing Heightened Advertising Compliance Requirements for Unlicensed Lawyers in South Carolina

Establishing Heightened Advertising Compliance Requirements for Unlicensed Lawyers in South Carolina

Date: Apr 10, 2025
Establishing Heightened Advertising Compliance Requirements for Unlicensed Lawyers in South Carolina Introduction In In the Matter of Michael George Hostilo, the Supreme Court of South Carolina...
Clarification of Causation Standard in Inverse Condemnation and Non-Immunity under the Stormwater Management and Sediment Reduction Act

Clarification of Causation Standard in Inverse Condemnation and Non-Immunity under the Stormwater Management and Sediment Reduction Act

Date: Mar 27, 2025
Clarification of Causation Standard in Inverse Condemnation and Non-Immunity under the Stormwater Management and Sediment Reduction Act Introduction James and Lori Marlowe, homeowners on Highway 378...
Clarifying the Standard for Punitive Damages: Directed Verdicts and the Clear and Convincing Burden

Clarifying the Standard for Punitive Damages: Directed Verdicts and the Clear and Convincing Burden

Date: Mar 15, 2025
Clarifying the Standard for Punitive Damages: Directed Verdicts and the Clear and Convincing Burden Introduction In this significant decision from the Supreme Court of South Carolina, the Court...
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