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 Introduction In State v. Tony T. Sweet, Opinion No. 28297 (Aug. 20, 2025), the South Carolina Supreme Court...
“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 1. Introduction This commentary examines the South Carolina Supreme...
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 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 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 1. Introduction In State v. Charles Dent, Opinion...
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...
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 Introduction This commentary examines the Supreme Court of South...
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 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 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...
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 Introduction State v. Mark Anthony Hailey Jr. (Supreme Court of South...
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 Introduction James and Lori Marlowe, homeowners on Highway 378...
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...