South Carolina Case Commentaries

Clarifying Standards for Willful Failure to Support and Visit in Parental Rights Termination

Date: Jun 13, 2002

Clarifying Standards for Willful Failure to Support and Visit in Parental Rights Termination Introduction The case of South Carolina Department of Social Services v. Robin Headden, 354 S.C. 602...

Survivability of Fraudulent Claims under the Dealers Act and Implications for Class Actions: FERGUSON v. CHARLESTON LINCOLN/MERCURY, INC.

Date: May 21, 2002

Survivability of Fraudulent Claims under the Dealers Act and Implications for Class Actions: Ferguson v. Charleston Lincoln Mercury, Inc. Introduction Ferguson v. Charleston Lincoln Mercury, Inc.,...

Affirmation of South Carolina’s Sexually Violent Predator Act in State v. Gaster

Date: May 21, 2002

Affirmation of South Carolina’s Sexually Violent Predator Act in State v. Gaster Introduction In the landmark case of The State v. Frank M. Gaster, the Supreme Court of South Carolina affirmed the...

Clarifying Stormwater Runoff Calculations and Coastal Management Consistency: Insights from Brown v. South Carolina Department of Health and Environmental Control

Date: Feb 26, 2002

Clarifying Stormwater Runoff Calculations and Coastal Management Consistency: Insights from Brown v. South Carolina Department of Health and Environmental Control Introduction The case of Mike Brown,...

Establishing Exhaustion of State Remedies: South Carolina’s Approach in State v. McKennedy

Date: Feb 12, 2002

Establishing Exhaustion of State Remedies: South Carolina’s Approach in State v. McKennedy Introduction State v. William C. McKennedy (348 S.C. 270) is a pivotal case decided by the Supreme Court of...

Glasscock v. USFG: Affirmation of Underinsured Motorist Coverage Including Loss of Use Damages

Date: Dec 4, 2001

Glasscock v. USFG: Affirmation of Underinsured Motorist Coverage Including Loss of Use Damages Introduction In the landmark case Glasscock, Inc. v. United States Fidelity and Guaranty Company (USFG),...

Ensuring Impartial Guardians Ad Litem: Due Process in Child Custody – Patel v. Patel

Date: Nov 1, 2001

Ensuring Impartial Guardians Ad Litem: Due Process in Child Custody – Patel v. Patel Introduction Patel v. Patel, 347 S.C. 281 (2001) is a landmark decision by the Supreme Court of South Carolina...

STATE v. OWENS: Upholding Due Process in Capital Sentencing with After-Discovered Evidence

Date: Sep 5, 2001

STATE v. OWENS: Upholding Due Process in Capital Sentencing with After-Discovered Evidence Introduction State v. Freddie Eugene Owens, 346 S.C. 637 (2001), is a landmark decision by the Supreme Court...

South Carolina Supreme Court Establishes Federal Arbitration Act Supremacy in Partnership Disputes

Date: Sep 5, 2001

South Carolina Supreme Court Establishes Federal Arbitration Act Supremacy in Partnership Disputes Introduction In the landmark case of Leo Zabinski and John Brainard, Appellants, v. Bright Acres...

Affirmation of Evidence Handling and Witness Identification Standards in State v. Felix Cheeseboro

Date: Aug 28, 2001

Affirmation of Evidence Handling and Witness Identification Standards in State v. Felix Cheeseboro Introduction The State v. Felix Cheeseboro, 346 S.C. 526, is a pivotal case adjudicated by the...

Exclusive Remedy under Workers' Compensation Act: Reversal in Tatum v. Medical University of South Carolina

Date: Aug 21, 2001

Exclusive Remedy under Workers' Compensation Act: Reversal in Tatum v. Medical University of South Carolina Introduction In the landmark case of Tatum v. Medical University of South Carolina, 346...

Admissibility of Prior Consistent Statements Under Rule 801(d)(1)(B): Insights from State v. Saltz

Date: Aug 7, 2001

Admissibility of Prior Consistent Statements Under Rule 801(d)(1)(B): Insights from State v. Saltz Introduction State v. Michael Paul Saltz, 346 S.C. 114 (2001), is a pivotal Supreme Court of South...

South Carolina Supreme Court Upholds Town's Permit Fee Ordinance under Restrictive Land Covenants

Date: Jul 24, 2001

South Carolina Supreme Court Upholds Town's Permit Fee Ordinance under Restrictive Land Covenants Introduction The case of South Carolina Department of Natural Resources v. The Town of McClellanville...

Severability Doctrine Applied in S.C. Code Ann. § 16-13-470: Presumption of Intent Prohibited

Date: Jul 18, 2001

Severability Doctrine Applied in S.C. Code Ann. § 16-13-470: Presumption of Intent Prohibited Introduction The case of Kenneth E. Curtis, Individually and d/b/a Privacy Protection Services v. The...

Actual Malice Standard in Political Defamation: George v. Fabri

Date: Jun 26, 2001

Actual Malice Standard in Political Defamation: George v. Fabri Introduction In the landmark case of G. Robert George and G. Robert George Associates, Inc. v. Margaret D. Fabri, adjudicated by the...

Standard of Appellate Review for Admissibility of Prior Bad Acts Established in STATE v. WILSON

Date: Apr 24, 2001

Standard of Appellate Review for Admissibility of Prior Bad Acts Established in STATE v. WILSON Introduction STATE v. WILSON, 345 S.C. 1 (2001), adjudicated by the Supreme Court of South Carolina,...

Al v. Pinckney: Upholding Strict Criteria for Illegitimate Children's Inheritance Rights

Date: Mar 27, 2001

Al v. Pinckney: Upholding Strict Criteria for Illegitimate Children's Inheritance Rights Introduction The case of Alvin Pinckney and Silas Knight v. Catherine C. Warren et al., reported as 344 S.C....

Scope of Consent and Right to Privacy in South Carolina Searches: Forrester v. State

Date: Feb 13, 2001

Scope of Consent and Right to Privacy in South Carolina Searches: Forrester v. State Introduction In the landmark case of The State v. Burnella Forrester, the Supreme Court of South Carolina...

Enforcement of Arbitration Clauses Under the Federal Arbitration Act: Munoz v. Green Tree Financial Corp.

Date: Jan 23, 2001

Enforcement of Arbitration Clauses Under the Federal Arbitration Act: Munoz v. Green Tree Financial Corp. Introduction In Munoz v. Green Tree Financial Corp., the Supreme Court of South Carolina...

Reversing Waiver Assumptions: JUA's Continuing Liability Under Settlement Agreement

Date: Jan 9, 2001

Reversing Waiver Assumptions: JUA's Continuing Liability Under Settlement Agreement Introduction The case of Roy A. Pruitt, R. Anthony Pruitt, and Pamela Hatcher v. South Carolina Medical Malpractice...