South Carolina Case Commentaries

Apparent Authority and Quantum Meruit in Breach of Contract: R G Construction, Inc. v. LRTA Case Analysis

Date: Dec 5, 2000

Apparent Authority and Quantum Meruit in Breach of Contract: R G Construction, Inc. v. LRTA Case Analysis Introduction The case of R G Construction, Inc. v. Lowcountry Regional Transportation...

Clarifying Jury Instructions and Miranda Rights in Capital Murder: Commentary on State v. Bayan Aleksey

Date: Nov 14, 2000

Clarifying Jury Instructions and Miranda Rights in Capital Murder: Commentary on State v. Bayan Aleksey Introduction State of South Carolina v. Bayan Aleksey, 343 S.C. 20 (2000), is a landmark...

Termination of Parental Rights: South Carolina Department of Social Services v. Nicole N. Smith

Date: Oct 10, 2000

Termination of Parental Rights: South Carolina Department of Social Services v. Nicole N. Smith Introduction The case of South Carolina Department of Social Services v. Nicole N. Smith (343 S.C. 129)...

South Carolina Supreme Court Upholds Guardians ad Litem Authority in Termination of Parental Rights Proceedings

Date: Aug 16, 2000

South Carolina Supreme Court Upholds Guardians ad Litem Authority in Termination of Parental Rights Proceedings Introduction The case of Karen Joiner as Guardian ad Litem for Robert Alex Rivas v....

Set-Off Standards in Wrongful Death Claims: A Comprehensive Analysis of Welch v. Epstein

Date: Aug 1, 2000

Set-Off Standards in Wrongful Death Claims: A Comprehensive Analysis of Welch v. Epstein Introduction The case of Kimberly Johnson Welch, as Personal Representative of the Estate of Marshall O....

Unusual or Extraordinary Employment Conditions in Workers' Compensation: Shealy v. Aiken County

Date: Jul 25, 2000

Unusual or Extraordinary Employment Conditions in Workers' Compensation: Shealy v. Aiken County Introduction The case of Albert B. Shealy v. Aiken County ([341 S.C. 448](#)), adjudicated by the...

Extending Executive Removal Powers: South Carolina Supreme Court Upholds Governor's Authority under the 1993 Restructuring Act

Date: Jun 13, 2000

Extending Executive Removal Powers: South Carolina Supreme Court Upholds Governor's Authority under the 1993 Restructuring Act Introduction In the landmark case of Jim Hodges, Governor of the State...

Gross Negligence Standard Applied to Sovereign Immunity Exemptions under the South Carolina Tort Claims Act

Date: Mar 21, 2000

Gross Negligence Standard Applied to Sovereign Immunity Exemptions under the South Carolina Tort Claims Act Introduction STAUBES v. CITY OF FOLLY BEACH, 339 S.C. 406 (2000) is a pivotal case decided...

Summary Judgment Upholding Comparative Negligence in Pedestrian-Vehicle Accidents

Date: Mar 21, 2000

Summary Judgment Upholding Comparative Negligence in Pedestrian-Vehicle Accidents Introduction The case of Marc J. Bloom v. James Ravoira (339 S.C. 417) adjudicated by the Supreme Court of South...

Punitive Damages Not Subject to Reduction Under Comparative Negligence: Ke v. Clark and Anderson

Date: Mar 14, 2000

Punitive Damages Not Subject to Reduction Under Comparative Negligence: Ke v. Clark and Anderson 1. Introduction In John Kevin Clark and Maggie Lee Anderson v. Annette Rochelle Cantrell, 339 S.C. 369...

Affirmation of Admissibility Standards in Capital Cases: STATE v. Gary DuBose TERRY

Date: Mar 14, 2000

Affirmation of Admissibility Standards in Capital Cases: STATE v. Gary DuBose TERRY Introduction STATE v. Gary DuBose TERRY is a landmark decision by the Supreme Court of South Carolina that...

Zoning by Initiative and Referendum: A Landmark Decision in South Carolina

Date: Jan 18, 2000

Zoning by Initiative and Referendum: A Landmark Decision in South Carolina Introduction The case of I'On, L.L.C. v. Town of Mt. Pleasant serves as a pivotal moment in South Carolina's municipal law,...

Admissibility of Remote Convictions for Impeachment: South Carolina's Application of Rule 609(b) in STATE v. COLF

Date: Jan 5, 2000

Admissibility of Remote Convictions for Impeachment: South Carolina's Application of Rule 609(b) in STATE v. COLF Introduction State of South Carolina v. Richard E. Colf is a pivotal case adjudicated...

Establishing Special Duty in Amusement Ride Safety: Insights from Steinke v. Department of Labor, Licensing, and Regulation

Date: Sep 8, 1999

Establishing Special Duty in Amusement Ride Safety: Insights from Steinke v. Department of Labor, Licensing, and Regulation Introduction The case of Mike Steinke and Mary Steinke, Individually and as...

Al-Shabazz v. South Carolina: Restricting Post-Conviction Relief to Conviction and Sentence Validity

Date: Aug 24, 1999

Al-Shabazz v. South Carolina: Restricting Post-Conviction Relief to Conviction and Sentence Validity Introduction Malik Abdul Al-Shabazz sought post-conviction relief (PCR) after being sentenced to...

Balancing Approach to Employee Disloyalty: Insights from FUTCH v. McALLISTER TOWING

Date: Jul 27, 1999

Balancing Approach to Employee Disloyalty: Insights from FUTCH v. McALLISTER TOWING Introduction FUTCH v. McALLISTER TOWING of Georgetown, Inc. is a landmark decision by the Supreme Court of South...

Termination of Parental Rights in Cases of Incarceration and Neglect: Insights from South Carolina Dept. of Social Services v. Taylor

Date: Jun 22, 1999

Termination of Parental Rights in Cases of Incarceration and Neglect: Insights from South Carolina Department of Social Services v. Taylor Introduction The case of South Carolina Department of Social...

The Admissibility of Mitochondrial DNA Evidence and Waiver of Sixth Amendment Rights in State v. Donney S. Council

Date: Apr 6, 1999

Admissibility of Mitochondrial DNA Evidence and Waiver of Sixth Amendment Rights in State v. Donney S. Council Introduction In the landmark case of State v. Donney S. Council, the Supreme Court of...

South Carolina Supreme Court Upholds Unambiguous Dram Shop Liability Exclusions in Insurance Policies

Date: Mar 9, 1999

South Carolina Supreme Court Upholds Unambiguous Dram Shop Liability Exclusions in Insurance Policies Introduction In B.L.G. Enterprises, Inc. d/b/a The Alley Bar v. First Financial Insurance...

Redefining Defamation Privilege in Financial Transactions: SWINTON CREEK NURSERY v. EDISTO FARM CRedit

Date: Mar 2, 1999

Redefining Defamation Privilege in Financial Transactions: SWINTON CREEK NURSERY v. EDISTO FARM CRedit Introduction The case of Swinton Creek Nursery and James M. Futch III v. Edisto Farm Credit,...