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  • Commentaries
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South Carolina Case Commentaries

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...
Clarifying “Timely” Under Rule 59(e): A New Standard for Post-Trial Motions and Appeal Deadlines

Clarifying “Timely” Under Rule 59(e): A New Standard for Post-Trial Motions and Appeal Deadlines

Date: Mar 15, 2025
Clarifying “Timely” Under Rule 59(e): A New Standard for Post-Trial Motions and Appeal Deadlines Introduction The Judgment in W. Kenneth Swing, Respondent, v. Jill K. Swing, Petitioner presents a...
Silence Is No Assent: Redefining Acceptance in Employment Arbitration Agreements

Silence Is No Assent: Redefining Acceptance in Employment Arbitration Agreements

Date: Mar 11, 2025
Silence Is No Assent: Redefining Acceptance in Employment Arbitration Agreements Introduction The decision in Nicole Lampo, Petitioner, v. Amedisys Holding, LLC, and Leisa Victoria Neasbitt,...
Tiered Registration in SORA: Establishing a Rational Basis for Mandatory Minimum Wait Times

Tiered Registration in SORA: Establishing a Rational Basis for Mandatory Minimum Wait Times

Date: Mar 2, 2025
Tiered Registration in SORA: Establishing a Rational Basis for Mandatory Minimum Wait Times Introduction The case of The State, Respondent, v. Jason Bryan McSwain, Appellant presents a significant...
New Precedent in Attorney Trust Fund Mismanagement: The In re Blincow, Jr. Judgment

New Precedent in Attorney Trust Fund Mismanagement: The In re Blincow, Jr. Judgment

Date: Feb 23, 2025
New Precedent in Attorney Trust Fund Mismanagement: The In re Blincow, Jr. Judgment Introduction The Supreme Court of South Carolina rendered a landmark decision in the matter of John Keith Blincow,...
Good-Faith Exception Reinforced in State v. Carter: Implications for Real-Time Cell-Site Location Information

Good-Faith Exception Reinforced in State v. Carter: Implications for Real-Time Cell-Site Location Information

Date: Feb 3, 2025
Good-Faith Exception Reinforced in State v. Carter: Implications for Real-Time Cell-Site Location Information Introduction State v. Rashawn Vertez Carter, decided by the Supreme Court of South...
Enhancing Workers' Compensation Claims: Landmark Decision in Russell v. Wal-Mart on Change of Condition

Enhancing Workers' Compensation Claims: Landmark Decision in Russell v. Wal-Mart on Change of Condition

Date: Feb 3, 2025
Enhancing Workers' Compensation Claims: Landmark Decision in Russell v. Wal-Mart on Change of Condition Introduction The case of Paula Russell v. Wal-Mart Stores, Inc. represents a significant...
Expansion of Circuit Courts’ Subject Matter Jurisdiction in Unauthorized Practice of Law Cases

Expansion of Circuit Courts’ Subject Matter Jurisdiction in Unauthorized Practice of Law Cases

Date: Jan 24, 2025
Expansion of Circuit Courts’ Subject Matter Jurisdiction in Unauthorized Practice of Law Cases Introduction The case of U.S. Bank National Association, as Trustee, as successor to U.S. Bank Trust...
Expanding Negligence Claims for Emotional Distress in South Carolina: K.S. v. Richland School District Two

Expanding Negligence Claims for Emotional Distress in South Carolina: K.S. v. Richland School District Two

Date: Jan 24, 2025
Expanding Negligence Claims for Emotional Distress in South Carolina: K.S. v. Richland School District Two Introduction In the landmark case of K.S., a minor, by and through his Guardian ad Litem,...
State v. Stoots: Supreme Court Establishes Mandatory Self-Defense Instructions in Domestic Violence Cases

State v. Stoots: Supreme Court Establishes Mandatory Self-Defense Instructions in Domestic Violence Cases

Date: Jan 24, 2025
State v. Stoots: Supreme Court Establishes Mandatory Self-Defense Instructions in Domestic Violence Cases Introduction State v. Jason Edwin Stoots is a landmark case adjudicated by the Supreme Court...
Transferred Intent Does Not Apply to Attempted Murder: Insights from State v. Geter

Transferred Intent Does Not Apply to Attempted Murder: Insights from State v. Geter

Date: Jan 24, 2025
Transferred Intent Does Not Apply to Attempted Murder: Insights from State v. Geter Introduction In the landmark case of The State, Petitioner-Respondent, v. Robert Xavier Geter,...
Sanctioning Discovery Abuse: South Carolina Supreme Court in Innovative Waste Management v. Crest Energy Partners

Sanctioning Discovery Abuse: South Carolina Supreme Court in Innovative Waste Management v. Crest Energy Partners

Date: Jan 19, 2025
Sanctioning Discovery Abuse: South Carolina Supreme Court in Innovative Waste Management v. Crest Energy Partners Introduction The case of Innovative Waste Management, Inc. v. Crest Energy Partners...
Establishing an Efficient Criminal Justice Framework: Insights from the Supreme Court of South Carolina's Docket Management Order

Establishing an Efficient Criminal Justice Framework: Insights from the Supreme Court of South Carolina's Docket Management Order

Date: Jan 19, 2025
Establishing an Efficient Criminal Justice Framework: Insights from the Supreme Court of South Carolina's Docket Management Order Introduction The Supreme Court of South Carolina issued the General...
Establishment and Structuring of the South Carolina Access to Justice Commission

Establishment and Structuring of the South Carolina Access to Justice Commission

Date: Jan 14, 2025
Establishment and Structuring of the South Carolina Access to Justice Commission Introduction The South Carolina Access to Justice Commission, established through an administrative order by Chief...
Exclusion of Freestanding Negligence Claims for First-Party Insureds in UIM Litigation Affirmed

Exclusion of Freestanding Negligence Claims for First-Party Insureds in UIM Litigation Affirmed

Date: Jan 14, 2025
Exclusion of Freestanding Negligence Claims for First-Party Insureds in UIM Litigation Affirmed Introduction In the case of Therese Hood v. United Services Auto Association (USAA), the Supreme Court...
Whitfield v. Schimpf: New Precedent on Admissibility of Witness Bias Evidence in South Carolina

Whitfield v. Schimpf: New Precedent on Admissibility of Witness Bias Evidence in South Carolina

Date: Jan 14, 2025
Whitfield v. Schimpf: New Precedent on Admissibility of Witness Bias Evidence in South Carolina Introduction Jeane Whitfield v. Dennis K. Schimpf, and Sweetgrass Plastic Surgery, LLC is a landmark...
Defendant's Right of Confrontation Affirmed in Forensic Interviews of Child Victims

Defendant's Right of Confrontation Affirmed in Forensic Interviews of Child Victims

Date: Dec 23, 2024
Defendant's Right of Confrontation Affirmed in Forensic Interviews of Child Victims Introduction The legal landscape concerning the rights of defendants to confront and challenge evidence in child...
Affirmation of Elective Share Rights for Surviving Spouses Amidst Temporary Marital Orders

Affirmation of Elective Share Rights for Surviving Spouses Amidst Temporary Marital Orders

Date: Dec 23, 2024
Affirmation of Elective Share Rights for Surviving Spouses Amidst Temporary Marital Orders Introduction The case of Deborah T. Weeks v. David W. Weeks, adjudicated by the Supreme Court of South...
Definitive Suspension of Attorney George Harold Hanlin: Strengthening Standards of Diligence and Communication in Legal Practice

Definitive Suspension of Attorney George Harold Hanlin: Strengthening Standards of Diligence and Communication in Legal Practice

Date: Dec 23, 2024
Definitive Suspension of Attorney George Harold Hanlin: Strengthening Standards of Diligence and Communication in Legal Practice Introduction The Supreme Court of South Carolina issued a decisive...
Establishment of Administrative Leadership in South Carolina Summary Courts

Establishment of Administrative Leadership in South Carolina Summary Courts

Date: Dec 23, 2024
Establishment of Administrative Leadership in South Carolina Summary Courts Introduction The recent judgment titled "RE Chief Judges for Administrative Purposes of the Summary Courts", delivered by...
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