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Welcome to the South Carolina Bar's E-Blast!
August 2, 2011
E-Blast highlights upcoming activities, legal information and links to the Bar's website at www.scbar.org.
The South Carolina Bar is dedicated to advancing justice, professionalism and understanding of the law.
S.C. Bar video series launches this week!
Charleston lawyer Melissa Maddox-Barnes is featured in the Bar's new video series, designed to present a glimpse into the lives of 12 S.C. lawyers. Click here to learn more about Melissa and what the practice of law means to her. "Like" the Bar on Facebook to see an additional video each week and share them with others.
Membership has its rewards
The Solo and Small Firm Section is offering its members one needs-based scholarship to the 2011 Solo and Small Firm CLE and Annual Meeting "Exploring the Business Side of Law Firms" on Sept. 23. The event will be held at the Columbia Marriott and features six speakers from this year's ABA TECHSHOW™, in addition to a host of other talented presenters. Attendees will be treated to a luncheon and have the opportunity to explore exhibits from 15 top local and national companies offering software, technology support, office supplies, insurance and more. The scholarship application can be completed here, and the deadline is Aug. 20. If you would like to join the SSF Section, the annual cost is only $20. For more information, visit the Section webpage or contact Courtney Kennaday at firstname.lastname@example.org.
Corporate Law Intensive canceled
The 2011 Corporate Practice Law Intensive Workshop scheduled for Aug. 11-12 has been canceled and will not be rescheduled at this time.
SCALA's 11th Annual Vendor Fair
Join SCALA for its 11th Annual Vendor Fair on Thursday, Aug. 18, from 4 to 6:30 p.m. at the Columbia Metropolitan Convention Center. Don't miss this opportunity to meet with more than 50 vendors representing the legal and accounting communities and see what's new in the world of office supplies, insurance, payroll services and more. An educational session featuring ALA Director Larry Smith will precede the main event from 2:30 to 3:30 p.m. Attendees will receive complimentary hors d'oeuvres, beer and wine and will have the opportunity to win one of many great door prizes. The fair is free to attend, but registration is requested.
S.C. Commission on Indigent Defense seeks candidates for Circuit Public Defenders
Candidates seeking to apply for a four-year term as the Circuit Public Defender in the 3rd, 5th, 9th, 10th and 16th Judicial Circuits should go to www.jobs.sc.gov to complete an online application and receive further details. Contact Hugh Ryan at (803) 734-1338 with questions.
Advance Sheet update
July 27, 2011
The S.C. Court of Appeals found the master did not err in finding appellants Robert Gunn and Joyce are personally liable to Allen under the S.C. Payment of Wages Act, S.C. Code Sections 41-10-10 to 100. However, the court found the master erred in finding appellant Timothy Gunn personally liable to Allen. Without evidence that Timothy Gunn knowingly permitted Pinnacle to violate the Act, he cannot be held liable simply because he was a member of Pinnacle.
Allen v. Pinnacle Healthcare Systems, LLC, No. 4855, is available online.
Judge Pieper concurred in part and dissented in part.
The court affirmed the appellant’s conviction and found that the appellant failed to introduce any evidence to support his motion for a new jury pool. The DVD of the 12-year-old victim’s forensic interview was properly added into evidence because it met the requirements of Section 17-23-175(A) and the appellant was not denied his right to confrontation. There was no reversible error in the admission of the forensic interview expert’s testimony since he gave no opinion of whether the victim was coached or whether he believed the victim was being truthful. After reviewing the State's opening and closing statements, the court found the State's arguments did not unduly emphasize the law.
State v. Hill, No. 4856, is available online.
The court found the circuit court erred in incorporating the teaming agreement into the subcontract because it does not sufficiently communicate an intention to incorporate the teaming agreement as a whole. The subcontract does not apply to UC-35s because it does not include per-unit pricing for UC-35s and therefore cannot be construed as an enforceable requirements contract for that aircraft. Further, the subcontract does not create an exclusive relationship between the parties regarding all of the services it addresses. The court granted partial summary judgment without further discovery on the issues before the court because its holdings were a matter of law.
Stevens Aviation, Inc. v. DynCorp International, LLC, No. 4857, is available online.
August 1, 2011
Based on the specific facts of this case, the S.C. Supreme Court found the appellants' second attempt at removal to be sanctionable. However, the trial judge abused his discretion when he required the appellants to pay more than costs and fees. Therefore, the Court affirmed the trial judge’s order as modified to remove the sanctions not relating to reimbursing the other party for its costs and fees.
Ex parte Bon Secours-St. Francis Xavier Hosp., Inc., No. 27016, is available online.
Justice Pleicones concurred in a separate opinion. Justice Hearn concurred in a separate opinion.
The Court found the Court of Appeals erred in affirming as modified the family court's contempt order. The monetary fine for court costs was an allowable criminal contempt sanction. However, ordering a definite 12-month incarceration if the petitioner failed to pay the court costs on time violates the petitioner's right to a jury trial.
DiMarco v. DiMarco, No. 27017, is available online.
Justice Hearn did not participate.
The Court found the Court of Appeals erred in its analysis; however, the Court affirmed the grant of summary judgment. The Court overruled the Court of Appeals' opinion to the extent it held the public policy exception to the at-will employment doctrine applied only in situations where the employer asked the employee to violate the law or the reason for the termination itself is a violation of criminal law. The Court overruled Evans to the extent it held that a jury may determine whether discharging an employee on certain grounds is a violation of public policy.
Barron v. Labor Finders, No. 27018, is available online.
By order of July 28 the Court reinstated Scott Matthew Wild to the practice of law.
The Drawdy Law Firm, LLC announces that Hunter C. Blouin has joined the firm as an associate located at 2315 N. Main St., Ste. 117, Anderson 29621. (864) 261-3977.
Milford "Chip" O. Howard III announces the opening of Howard Law Firm, PA located at 3 W. Lewis Plaza, Ste. 8, Greenville 29605. (864) 832-7748.
McNair Law Firm, PA announces the relocation of its Pawleys Island office to 11019 Ocean Hwy., Pawleys Island 29585. (843) 235-4100.
The Office of the Public Defender for the Sixth Judicial Circuit announces that William P. Frick has been named deputy public defender located at 101 S. Congress St., Winnsboro 29180. (803) 815-0796.
Hon. Matthew J. Perry Jr., 89, of Columbia died July 29. His obituary can be found here.
Arthur Gregory, 71, of Aiken died July 31. His obituary can be found here.
Corporate Banking and Securities Law Section Council Meeting, Conference Call
Criminal Law Section Council Meeting, Conference Call
Employment and Labor Law Section Council Meeting, Conference Call
Torts and Insurance Practices Section Council Meeting, Conference Call
Construction Law Section Council Meeting, Conference Call
Government Law Section Council Meeting, Conference Call
Consumer Law Section Council Meeting, Conference Call
Administrative and Regulatory Law Committee Meeting, Bar Building
Tax Law Section Council Meeting, Conference Call
Annual Meeting of Chairs, Bar Conference Center
Trial and Appellate Advocacy Section Council Meeting, Conference Call
To be added or deleted from the E-Blast mailing list, please contact Latoya Jackson in Membership Services at email@example.com or (803) 799-6653, ext. 137.