Well, I have left private practice and have taken a job with the US Attorney’s Office. In light of my career change, this blog is shutting down. Thanks to everyone who dropped by for the latest SC legal news. Merry Christmas.
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Constitutional issues with Clinton appointment???
“No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States which shall have been created, or the Emoluments whereof shall have been increased during such time; and no Person holding any Office under the United States, shall be a…
Who will Obama appoint to SCOTUS?
The LA Times has this article. The top three are:Judges Diane Wood, 58, of the U.S. appeals court in Chicago;Judge Sonia Sotomayor, 54, of the U.S. appeals court in New York;and Elena Kagan, 48, dean of Harvard Law School.
Billy Wilkins' return to the courtroom as a lawyer meets with success
From the Greenville News:William W. “Billy” Wilkins successfully argued against a motion in a shareholder suit against South Financial that asked for a temporary restraining order barring retirement payments to retired CEO Mack Whittle as part of a an agreement that the suit alleges is “unconscionable” and could threaten the company’s solvency if carried…
SCOTUS vacates injunction against Naval use of sonar
Last week, the United States Supreme Court issued its first opinion of the new term: Winter v. Natural Resources Defense Council. This case concerned the Navy’s use of mid frequency active sonar, which transmits sound waves at various frequencies. This type of sonar is used in Naval exercises, including training and tracking of submarines.…
Obama could transform the Fourth Circuit
A snippet from the Richmond Times:As president, Barack Obama and a new U.S. Senate could transform the Richmond-based 4th U.S. Circuit Court of Appeals, long one of the most conservative in the country.President Bush failed to fill four vacancies on the 15-judge court, which decides cases on issues such as abortion, the death penalty…
Judgment not necessary to pierce corporate veil
In Drury Development v. Foundation Insurance, the South Carolina Supreme Court answered the following certified question: whether a judgment against a corporation is a prerequisite to an alter ego claim. This question has come up often in South Carolina. Frequently, plaintiffs attempt to demand many financial documents of a corporation early in discovery on…
Voter registration drives
Here is an interesting take on the voter registration movement and the duties of citizenship.
SC Supreme Court says that dreadlocks is insufficient reason to strike juror
In McCrea v. Gheraibeh, the South Carolina Supreme Court reversed the denial of a Batson Motion and remanded the case for a new trial. This case arose out of an automobile accident. When three of six potential black jurors were struck, a Batson Motion was made. During the hearing, the lawyer striking the jurors…
Court of Appeals issues opinion on 43k settlements
The following settlement was put on record just before trial:Your Honor, the settlement that’s been reached is that this case will be dismissed with prejudice by an order of dismissal with prejudice to be consented to by the parties and signed by your honor.Furthermore, the defendants, each and every one of them, will consent to…