South Carolina Case Commentaries

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...

“Timely” Rule 59(e) Motions Stay the Appeal Period: A Purely Temporal Definition Under Rules 203(b)(1) and 59(f), With Coward Hund/Quality Trailer Exceptions Kept Narrow

Date: Mar 13, 2025

“Timely” Rule 59(e) Motions Stay the Appeal Period: A Purely Temporal Definition Under Rules 203(b)(1) and 59(f), With Coward Hund/Quality Trailer Exceptions Kept Narrow Case: W. Kenneth Swing v....

Punitive-Damages Reversal Does Not Automatically Require a Full Retrial; Remand Must Be Limited Absent Other Reversible Error and Subject to Defendant’s § 15-32-520(A) Election

Date: Mar 13, 2025

Punitive-Damages Reversal Does Not Automatically Require a Full Retrial; Remand Must Be Limited Absent Other Reversible Error and Subject to Defendant’s § 15-32-520(A) Election Case: Karrie Gurwood &...

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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...