Each misdiagnosis opens new period to sue, court rules
Most medical malpractice cases stem from a particular event—a botched surgery or delivery, say. In those cases, figuring out when the statute of limitations should expire is fairly easy. But a failure...
View ArticleCohabitants immune under protection act: SC Supreme Court: Codified ‘castle...
A woman who stabbed her boyfriend to death during a domestic dispute inside an apartment they shared was justified in doing so, immune from prosecution under the South Carolina’s Protection of Persons...
View ArticleUnwanted attachments: Criminal defendants face consequences beyond the sentence
In the fight game, the old adage goes something like this: The punch that hurts you the most is the one you don’t see coming. In the legal realm, the same could be said for the consequences of being...
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From BigLaw to big dreams
Grasp For anyone who spent their childhood building make-believe worlds out of Lego bricks, the creations of artist Nathan Sawaya are awe-inspiring. Each work in “The Art of The Brick,” an exhibition...
View ArticleCharleston School of Law files nonprofit application
The Charleston School of Law has filed paperwork seeking approval from the American Bar Association for its planned transition to a nonprofit school, beginning a process that, if successful, will lead...
View ArticleInfiLaw grad’s suit can move forward
An alumna and former employee of an InfiLaw school in Arizona can move forward with federal claims accusing her alma mater and its corporate owner of misrepresenting enrollment statistics. Paula Lorona...
View ArticleSubstitute opinion clarifies statute of limitations on legal malpractice
In cases turning on questions of state law, a ruling from the South Carolina Supreme Court is typically the final word—unless the court later decides that it should have said things a little...
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Law students defeat government at the 4th Circuit
After months of preparation, a pair of law students, their professor seated behind them, stood before the 4th U.S. Circuit Court of Appeals and argued against the federal Bureau of Prisons in a...
View ArticleBig Bank accused of swindling military members
JPMorgan Chase is facing a federal class-action lawsuit in North Carolina alleging that the banking giant took advantage of thousands of military members throughout the country while they were...
View ArticleNo warrant required
In 2015, a divided 4th U.S. Circuit Court of Appeals panel held that the government must obtain a search warrant before acquiring historical cell-site location information from a cellphone provider if...
View ArticleRising use of non-compete clauses provokes increasing scrutiny
Jimmy John’s, a sandwich shop, promises “subs so fast you’ll freak.” But it was revelations that the company had made workers sign contracts promising not to swap their aprons for those of...
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S.C. family law lags in wake of SCOTUS same-sex marriage ruling
Same-sex marriage became legal in South Carolina seven months before the U.S. Supreme Court issued its landmark ruling in Obergefell v. Hodges last year, which legalized same-sex marriage nationwide....
View ArticleNovel federal ruling rejects popular insurance claim defense
A federal judge in South Carolina has ordered an insurance company to provide underinsured motorist coverage to a woman who was injured outside her vehicle, even though the policy stipulated that an...
View Article4th Circuit: Strippers are employees
It’s official: Strippers are employees, says the 4th U.S. Circuit Court of Appeals. The June 8 ruling upheld an earlier district court decision in McFeeley v. Jackson Street Entertainment. Writing for...
View ArticleConvicted child-killer’s trial lawyer was deficient, not ineffective
A public defender’s failure to call witnesses to testify in defense of a woman who was found guilty of killing her 13-month-old son and a subsequent misstep made by a post-conviction relief attorney...
View ArticleS.C. Department of Education gets schooled in workers’ comp case
Heirs of injured workers who later die from causes that have nothing to do with their workplace accidents can collect permanent total disability benefits, even if the workers’ compensation claim was...
View ArticleClock expired on sexually abused military veteran’s lawsuit
Since the Civil War, Congress has routinely taken the position that members of the military should be protected from civil actions while they are on active duty. Those protections have evolved over the...
View ArticleAttorney forced to return $40K to estate
A Columbia lawyer who found himself caught between beneficiaries with conflicting wishes after being appointed to represent a woman’s estate now has to return more than $40,000 in compensation he took...
View Article4th Circuit: Totality of circumstances determines ‘settled’
Despite making off with her children and illegally crossing into the United States, a mother and her two children will not be deported after the 4th U.S. Circuit Court of Appeals held June 15 that the...
View ArticleDUI conviction upheld despite improper confession
“In vino veritas,” the ancient Romans said—in wine (or other inebriants), there is truth. That’s a handy abetment for police officers investigating suspected drunk drivers, but police must also respect...
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