Welcome to the South Carolina Bar's E-Blast!
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.
Stressed about your family law caseload?
Click here to get a video sneak preview from family law practitioners Melissa Brown, Anthony Charles, Monet Pincus and Vance Stricklin on new developments to be covered at the annual Family Law Hot Tips seminar on October 1. Watch future E-Blasts for more details about this program!
Nominating Committee to meet
The Nominating Committee will hold its meeting on September 28. The Committee will be nominating persons to fill the offices of President-Elect, Treasurer, Secretary, one member each of the Board of Governors for Judicial Regions 1 (Circuits 7, 10, 13 and 16), 3 (Circuits 3, 4, 12 and 15) and 4 (Circuits 1, 2, 9, and 14) and one State Bar Delegate to the American Bar Association. Members of the Bar are encouraged to forward names to the Committee for consideration for nomination to these offices. Persons seeking office will be asked to submit materials to the Committee which demonstrate their leadership abilities in Bar activities and in other capacities in service to the legal profession. The members of the Committee are Fred Suggs Jr., Greenville, Chair; Les Cotter, Columbia; Gena Ervin, Florence; Stuart Mauney, Greenville; Julie Jeffords Moose, Florence; Steve Morrison, Columbia; Scott Pfeiffer, Greenville; Marie-Louise Ramsdale, Mt. Pleasant; and Mary Elizabeth Sharp, Beaufort.
Proposed rule change declined
The Court declined to change Rule 401, SCACR (Student Practice Rule) as proposed by Dean Andy Abrams and adopted by the House of Delegates.
Important changes to the Protecting Tenants at Foreclosure Act
In its May 2010 issue, the South Carolina Lawyer published The Protecting Tenants at Foreclosure Act: Keeping Tenants in the Loop and in Their Homes. Since publication, Congress has made two important changes to the Act. First, Congress has extended the sunset date of the PTFA from December 31, 2012, to December 31, 2014. Second, Congress has expanded the language of the PTFA to make clear that the "date of notice of foreclosure" is the date "on which complete title to a property is transferred to a successor entity or person as a result of an order of a court or pursuant to provisions in a mortgage, deed of trust, or security deed." Dodd-Frank Wall Street Reform and Consumer Protection Act, Pub. L. No. 111-203 (2010). These changes were effective July 22, 2010.
To find out how you can author an article for an upcoming issue of the South Carolina Lawyer, contact Elizabeth Martin at (803) 799-6653, ext. 155.
Goldberg Scholar announced
Ruth Flinn Cunnup of Rock Hill has been named the Goldberg Scholar. A rising second-year law student, Cunnup interned this summer with the firm of Morton & Gettys and participated in the Judicial Observation Externship program in family court. The Goldberg Scholarship was created by the Bar Foundation in honor of I.M. Goldberg, a well-known family law practitioner in Charleston. The scholarship fund provides a $500 award to a deserving University of South Carolina law student each year. For more information on Cunnup, please click here. Your Bar Foundation is the only statewide entity that funds the advancement of justice by improving access, education and accountability. Please join us.
Member benefit reminder
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Advance Sheet update
July 28, 2010
In this breach of contract action, landowner Lewis (Respondent) entered into an exclusive right to sell real estate agreement with real estate agent Maro (Appellant). The contract specified a 90-day extension period or "protection period" during which the full broker's fee would be payable by Lewis if the property sold. During the protection period of the contract, a purchaser contracted directly with Lewis for the purchase and did not involve Maro. That purchaser closed on the property after the protection period had expired. Maro sued, and Lewis counterclaimed. The trial court directed a verdict in Lewis' favor. The Court of Appeals reversed and remanded, finding the trial court erred in granting Lewis' motions for directed verdict because a jury could conclude from the evidence in the record that Maro proved all elements of her causes of action and therefore was entitled to damages.
Maro v. Lewis, No. 4715, is online.
In this wrongful death action, Johnson (the decedent) was involved in a one-car, roll-over accident and then struck by a Horry County Waste vehicle. Horry County Solid Waste Authority (the County) appealed the trial court's decision to suppress evidence regarding Johnson's blood alcohol level. The County also claimed the trial court erred in referencing the S.C. Commercial Driver's License Manual (the CDL Manual) in its charge to the jury, warranting a new trial. The appellate court agreed with the trial court that the prejudice created by admitting Decedent's blood alcohol level substantially outweighed the probative value, and a sufficient link was not established between her intoxication and the second accident. The appellate court also found that the trial court did not commit reversible error by referencing the CDL Manual in the charge when the instructions, as a whole, accurately conveyed the proper standard of care to be applied by the jury and affirmed the rulings of the trial court.
Johnson v. Horry Cnty. Solid Waste Auth., No. 4716, is online.
In this child custody appeal, Father appealed from the family court's order granting Mother sole custody of the couple's two children, among other issues. In her cross appeal, Mother argued the family court erred in hearing Father's untimely motion to alter or amend and failing to award her attorney's fees. The court disagreed with all the arguments presented and affirmed the family court's order.
High v. High, No. 4717, is online.
August 2, 2010
The Supreme Court summarized this case as one concerning whether Federal Motor Vehicle Safety Standard 205 (49 C.F.R. Section 571.205 (1971)) preempts a state law products liability claim premised solely on a manufacturer's choice of tempered glass for a vehicle's side windows. The Court found that courts across the country have reached opposite conclusions on this issue. Pending resolution from the U.S. Supreme Court, the Court joined those jurisdictions finding the federal regulation preempts state law and affirmed the trial court's grant of summary judgment in favor of Ford Motor Company.
Priester v. Cromer, No. 26846, in online.
The Law Offices of Arie D. Bax, PA announces that it has changed its name to The Bax Law Firm, PA located at 1720 Main St., Ste. 301, Columbia 29201. (803) 255-0087.
Lincoln Memorial University-Duncan School of Law announces that Jonathan A. Marcantel has been named Associate Dean for Assessment and Assistant Professor of Law. The Duncan School of Law is located at 601 W. Summit Hill Dr., Knoxville, TN 37902. (865) 524-5288.
Moore, Taylor & Thomas, PA announces that S. Jahue Moore Jr. has been named partner of the firm located at 1700 Sunset Blvd., W. Columbia 29171. (803) 796-9160.
The National Credit Union Administration (NCUA) announces that Moisette I. "Tonya" Green has been named Director of Consumer Compliance and Outreach in the Office of the Consumer Protection located at 1775 Duke St., Alexandria, VA 22314-6115. (703) 518-6300.
Nexsen Pruet announces that Robert (Bobby) M. Anderson has joined the firm's Charleston office located at 205 King St., Ste. 400, 29401. (843) 577-9440.
Ogletree, Deakins, Nash, Smoak & Stewart PC announces that Steve Benjamin, Mayor of Columbia, has joined the firm's Columbia office located at 1320 Main St., Ste. 600, 29201. (803) 252-1300.
The Law Offices of Catherine West Olivetti announces that Emily S. Boatwright has joined the firm located at 23-A Shelter Cove Lane, Hilton Head 29928. (843) 341-9260.
Jessica A. Stokes and Hanna S. Green announce the opening of The Stokes Law Firm, LLC located at 95 Centermarsh Lane, Ste. F, Pawleys Island 29585. (843) 314-3330.