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  • Commentaries
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South Carolina Case Commentaries

Limits on Negligence Per Se and Duty to Warn: South Carolina's Stance in John DOE v. MARION

Limits on Negligence Per Se and Duty to Warn: South Carolina's Stance in John DOE v. MARION

Date: May 8, 2007
Limits on Negligence Per Se and Duty to Warn: South Carolina's Stance in John DOE v. MARION Introduction John DOE v. MARION and as Guardian and Next Friend for his Minor Child, James Doe is a pivotal...
Unconscionability of Arbitration Clauses Prohibiting Statutory Remedies in Adhesion Contracts: Simpson v. Addy's Harbor Dodge

Unconscionability of Arbitration Clauses Prohibiting Statutory Remedies in Adhesion Contracts: Simpson v. Addy's Harbor Dodge

Date: Mar 27, 2007
Unconscionability of Arbitration Clauses Prohibiting Statutory Remedies in Adhesion Contracts: Simpson v. Addy's Harbor Dodge Introduction The case of Sherry H. Simpson v. MSA of Myrtle Beach, Inc....
South Carolina Supreme Court: Tribal Gaming Rights Governed by State Law and Settlement Agreements

South Carolina Supreme Court: Tribal Gaming Rights Governed by State Law and Settlement Agreements

Date: Mar 20, 2007
South Carolina Supreme Court: Tribal Gaming Rights Governed by State Law and Settlement Agreements Introduction The case of Catawba Indian Tribe of South Carolina v. The State of South Carolina...
Affirmation of Special Verdict Forms in Condemnation Actions: South Carolina Dept. of Transportation v. First Carolina Corporation

Affirmation of Special Verdict Forms in Condemnation Actions: South Carolina Dept. of Transportation v. First Carolina Corporation

Date: Feb 28, 2007
Affirmation of Special Verdict Forms in Condemnation Actions: South Carolina Department of Transportation v. First Carolina Corporation Introduction The case of South Carolina Department of...
South Carolina Supreme Court Validates School District's Renovation Agreements Under Revised 'Financing Agreement' Statute

South Carolina Supreme Court Validates School District's Renovation Agreements Under Revised 'Financing Agreement' Statute

Date: Dec 12, 2006
South Carolina Supreme Court Validates School District's Renovation Agreements Under Revised 'Financing Agreement' Statute Introduction The Supreme Court of South Carolina rendered a pivotal decision...
Enhanced Disclosure Requirements for Auto Dealers under South Carolina's UTPA: Craft Auto Mart v. Wright

Enhanced Disclosure Requirements for Auto Dealers under South Carolina's UTPA: Craft Auto Mart v. Wright

Date: Nov 28, 2006
Enhanced Disclosure Requirements for Auto Dealers under South Carolina's UTPA: Craft Auto Mart v. Wright Introduction The case of Danny K. Wright v. Ralph C. Craft d/b/a Craft Auto Mart, Inc. (372...
Establishing Duty of Care in Private Treatment Centers for Individuals with Mental Disabilities: Madison v. Babcock Center, Inc.

Establishing Duty of Care in Private Treatment Centers for Individuals with Mental Disabilities: Madison v. Babcock Center, Inc.

Date: Nov 21, 2006
Establishing Duty of Care in Private Treatment Centers for Individuals with Mental Disabilities: Madison v. Babcock Center, Inc. Introduction Madison v. Babcock Center, Inc. is a landmark case...
South Carolina Supreme Court Upholds School Disturbance Statute: Balancing Free Speech and Educational Integrity

South Carolina Supreme Court Upholds School Disturbance Statute: Balancing Free Speech and Educational Integrity

Date: Nov 7, 2006
South Carolina Supreme Court Upholds School Disturbance Statute: Balancing Free Speech and Educational Integrity Introduction In the landmark case In the Interest of AMIR X.S., a juvenile under the...
Affirmation of Summary Judgment in Civil Conspiracy Claims: Russ and Lee PYE, Justin Enterprises v. Estate of Dorothy T. Fox

Affirmation of Summary Judgment in Civil Conspiracy Claims: Russ and Lee PYE, Justin Enterprises v. Estate of Dorothy T. Fox

Date: Jul 25, 2006
Affirmation of Summary Judgment in Civil Conspiracy Claims: Russ and Lee PYE, Justin Enterprises v. Estate of Dorothy T. Fox Introduction The case Russ and Lee PYE, Justin Enterprises, a South...
Equitable Distribution in Long-Term Marriages: Insights from John Doe v. Jane Doe

Equitable Distribution in Long-Term Marriages: Insights from John Doe v. Jane Doe

Date: Jul 4, 2006
Equitable Distribution in Long-Term Marriages: Insights from John Doe v. Jane Doe Introduction The case of John Doe, Respondent, v. Jane Doe, Appellant (No. 4132) adjudicated by the Court of Appeals...
Admissibility of Life Insurance Inquiries as Motive Evidence: The STATE v. DOUGLAS Decision

Admissibility of Life Insurance Inquiries as Motive Evidence: The STATE v. DOUGLAS Decision

Date: Jun 20, 2006
Admissibility of Life Insurance Inquiries as Motive Evidence: The STATE v. DOUGLAS Decision Introduction The Supreme Court of South Carolina's decision in The State, Petitioner, v. Helen Marie...
Admissibility of Flight and Corroborative Evidence in Murder Trials: STATE v. PAGAN

Admissibility of Flight and Corroborative Evidence in Murder Trials: STATE v. PAGAN

Date: Jun 20, 2006
Admissibility of Flight and Corroborative Evidence in Murder Trials: STATE v. PAGAN Introduction State v. Charles Pagan, 369 S.C. 201 (Supreme Court of South Carolina, 2006), is a pivotal case...
South Carolina Supreme Court's Affirmation on Malicious Prosecution and Wrongful Termination: A Comprehensive Analysis

South Carolina Supreme Court's Affirmation on Malicious Prosecution and Wrongful Termination: A Comprehensive Analysis

Date: Apr 11, 2006
South Carolina Supreme Court's Affirmation on Malicious Prosecution and Wrongful Termination: A Comprehensive Analysis Introduction In the landmark case of Anthony LAW, Vondeste G. Mole, Mark Holmes,...
South Carolina Supreme Court Establishes Guardian Ad Litem as Private Figure in Defamation Suit

South Carolina Supreme Court Establishes Guardian Ad Litem as Private Figure in Defamation Suit

Date: Apr 11, 2006
South Carolina Supreme Court Establishes Guardian Ad Litem as Private Figure in Defamation Suit Introduction The case of Linda Erickson v. Jones Street Publishers, LLC (368 S.C. 444) adjudicated by...
Strengthening Standards for Expert Testimony in Medical Malpractice: Insights from Willie May DAVID and J.D. Da v. d

Strengthening Standards for Expert Testimony in Medical Malpractice: Insights from Willie May DAVID and J.D. Da v. d

Date: Jan 24, 2006
Strengthening Standards for Expert Testimony in Medical Malpractice: Insights from Willie May DAVID and J.D. Da v. d Introduction The case of Willie May DAVID and J.D. Da v. d (367 S.C. 242) presents...
State v. Weston: Affirming the Admissibility of Victim's State of Mind and Defendant's Animosity in Murder Proceedings

State v. Weston: Affirming the Admissibility of Victim's State of Mind and Defendant's Animosity in Murder Proceedings

Date: Jan 18, 2006
State v. Weston: Affirming the Admissibility of Victim's State of Mind and Defendant's Animosity in Murder Proceedings Introduction The case of The STATE, Respondent, v. Jeffrey J. Weston, Appellant...
Clarifying Probable Cause and Harmless Error in Fourth Amendment Jurisprudence: State v. John Roosevelt Baccus (367 S.C. 41)

Clarifying Probable Cause and Harmless Error in Fourth Amendment Jurisprudence: State v. John Roosevelt Baccus (367 S.C. 41)

Date: Jan 10, 2006
Clarifying Probable Cause and Harmless Error in Fourth Amendment Jurisprudence: State v. John Roosevelt Baccus (367 S.C. 41) Introduction State v. John Roosevelt Baccus is a pivotal case decided by...
Evidentiary Hearings Required in Permanency Planning Orders – Ex parte Morris

Evidentiary Hearings Required in Permanency Planning Orders – Ex parte Morris

Date: Jan 10, 2006
Requirement of Evidentiary Hearings in Permanency Planning Orders Introduction In the landmark case Ex parte Amelia Beth Morris v. In re South Carolina Department of Social Services, the Supreme...
Search Incident to Arrest: Broad Application Affirmed in STATE v. Freiburger

Search Incident to Arrest: Broad Application Affirmed in STATE v. Freiburger

Date: Sep 27, 2005
Search Incident to Arrest: Broad Application Affirmed in STATE v. Freiburger Introduction STATE v. Edward Freiburger is a landmark decision by the Supreme Court of South Carolina, delivered on...
Clarifying Sentencing Protocol and Judicial Discretion: Analysis of The State v. Vazquez

Clarifying Sentencing Protocol and Judicial Discretion: Analysis of The State v. Vazquez

Date: Apr 26, 2005
Clarifying Sentencing Protocol and Judicial Discretion: Analysis of The State v. Vazquez Introduction The State v. Angle Vazquez (364 S.C. 293), adjudicated by the Supreme Court of South Carolina on...
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