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Remedies

May - June 2012

Attorney’s fees
Serving a jail sentence does not purge attorney’s fees when they are awarded as indemnification.
Ex parte: David Cannon v. Estate of James Brown, No. 27119 (S.C. Sup. Ct., May 2, 2012) (Shearouse Adv. Sh. No. 15)

Election of remedies
When a party seeks only one remedy, the doctrine of election of remedies does not apply when interpreting jury verdicts.
Keeter v. Alpine Towers Int’l, Inc., No. 4995 (S.C. Ct. App. June 27, 2012) (Shearouse Adv. Sh. No. 22).


March - April 2012

Setoffs
Where a master-in-equity limits the amendment of an answer to assert a claim for setoff, a plaintiff is entitled to JNOV as to that setoff.
Wachovia v. Beane, No. 4962 (S.C. Ct. App., Apr. 4, 2012) (Shearouse Adv. Sh. No. 12).