May 30, 2013
May 29, 2013
Welcome to the South Carolina Bar's E-Blast!
May 30, 2013
E-Blast highlights upcoming activities, legal information and links to the Bar's website at www.scbar.org.
Click here for the most recent CLE Edition, which highlights upcoming CLE opportunities.
Deadline is June 1 to update contact information for the Lawyers Desk Book
Production of the 2013-14 Lawyers Desk Book is underway, and address changes must be made by June 1 to be reflected in the new edition. All changes in contact information are handled by the S.C. Attorney Information System (AIS) exclusively, and you must log on to AIS to update your information. Complete contact information will be published for all Bar members, to include name, organization, mailing address, phone number and e-mail address.
If you have not entered your fax number in AIS, the Bar does not have it on file. While AIS does not require fax numbers, you must enter one if you would like it to appear in the Lawyers Desk Book. To ensure your zip code matches the address published, please do not enter two addresses (P.O. Box and Street) in a single address field. Please review your information carefully, as it will be published as entered in AIS.
YLD awarded grants from ABA
The Young Lawyers Division was awarded two grants from the American Bar Association to support its “Color of Justice” and “How to Be a Real Lawyer” projects. The grants were funded by the ABA on behalf of its Young Lawyers Division through the Fund for Justice and Education. The Color of Justice project is designed to encourage minority students to pursue a legal career by bringing middle and high school students together with local judges, attorneys, law students and law school faculty who share their experiences and knowledge of the profession. The “How to Be a Real Lawyer” professional development program will provide opportunities for recent law school graduates and young lawyers to learn valuable trial techniques and strategies through “lunch and learn” sessions and a mock trial.
Spring Foundation Brief now available
Which one of our grantee programs is saving South Carolina more than $3 million in incarceration costs? Find out the answer and more in the spring Foundation Brief. Flip through each page to see the many names of businesses and supporters who helped make the Foundation's seventh annual gala a success, meet the USC School of Law student who was selected as the I.M. Goldberg Scholar, and celebrate the gifts made in honor or memory of the great men and women of the legal profession.
Advance Sheet update
May 29, 2013
In this case concerning the interplay between the Subcontractors’ and Suppliers’ Payment Protection Act (SPPA), the Tort Claims Act and Sloan Construction Co. v. Southco Grassing, Inc., 377 S.C. 108, 659 S.E.2d 158 (2008), the S.C. Supreme Court affirmed in part, reversed in part and remanded. The Court clarified its decision in Sloan, and held, inter alia, that because the SPPA does not provide for a tort cause of action against a governmental entity, a governmental entity may only be liable to a subcontractor for breach of contract for failing to comply with the Act’s bonding requirements.
Shirley’s Iron Works v. City of Union, Op. No. 27256 (S.C. Sup. Ct. filed May 29, 2013) (Shearouse Adv. Sh. No. 24 at 14), is available online.
In this subject matter jurisdiction dispute, the Court reversed the lower court's decision. The Court determined the Court of Appeals erred in finding Piedmont had established the existence of a DHEC staff decision that was properly the subject of a contested case hearing and in remanding this matter for discovery and further proceedings. The Court determined DHEC owed no legal duty to issue a staff decision in this matter; therefore, there was no corresponding obligation that Piedmont be afforded a contested case hearing before the ALC. Accordingly, the Court held Piedmont may not utilize the contested case review process.
Amisub v. SCDHEC, Op. No. 27257 (S.C. Sup. Ct. filed May 29, 2013) (Shearouse Adv. Sh. No. 24 at 27), is available online.
Justice Hearn concurred in result only.
The Court granted the State’s petition for writ of certiorari, reversed the decision of the Court of Appeals, and held that under Section 56-5-2953 of the S.C. Code, a 20-minute pre-test video recording is not required when an arrestee refuses a breath test. Because the statutory interpretation question was dispositive, the Court did not reach the remaining issue on appeal.
State v. Hercheck, Op. No. 27258 (S.C. Sup. Ct. filed May 29, 2013) (Shearouse Adv. Sh. No. 24 at 46), is available online.
The Court granted Elwell’s petition for writ of certiorari and affirmed the decision of the Court of Appeals. The Court reiterated its holding in State v. Hercheck, Op. No. 27258 (S.C. Sup. Ct. filed May 29, 2013) (Shearouse Adv. Sh. No. 24 at 46), that, under S.C. Code Section 56-5-2953, a 20-minute pre-test video recording is not required when an arrestee refuses a breath test.
State v. Elwell, Op. No. 27259 (S.C. Sup. Ct. filed May 29, 2013) (Shearouse Adv. Sh. No. 24 at 54), is available online.
On direct appeal, the Court determined the circuit court erred in holding that the issue presented was a non-justiciable political question. The Court held that the respondents’ simultaneous service on the Barnwell County Council and the Board of Trustees for the Barnwell County Hospital constituted improper dual office holding in violation of the Constitution. Accordingly, the Court reversed and remanded the circuit court’s order dismissing this declaratory judgment action.
Alexander v. Houston, Op. No. 27260 (S.C. Sup. Ct. filed May 29, 2013) (Shearouse Adv. Sh. No. 24 at 62), is available online.
Justice Pleicones concurred in result only.
In this foreclosure dispute, the S.C. Court of Appeals affirmed the master’s findings that Chase Home Finance, LLC was not entitled to an equitable lien, recovery under the theory of unjust enrichment or any other form of equitable relief.
Chase Home Finance, LLC v. Risher, Op. No. 5138 (S.C. Ct. App. filed May 29, 2013) (Shearouse Adv. Sh. No. 24 at 70), is available online.
By order of May 23 the Court placed Paul C. Ballou on interim suspension. James G. Long III is the trustee.
The Anastopoulo Law Firm, LLC announces that Roy T. Willey IV and Daniel J. Crooks III have joined the N. Charleston office located at 2557 Ashley Phosphate Rd., 29418. (843) 614-8888.
Haynsworth Sinkler Boyd, PA announces that Scott Y. Barnes has joined the Charleston office located at 134 Meeting St., Third Floor, 29401. (843) 722-3366.
Practice and Procedure Committee Meeting, Bar Building
Health Care Law Section Council Meeting, Conference Call
Elder Law Committee Meeting, Conference Call
S.C. Supreme Court Institute, Columbia
Ethics Advisory Committee Meeting, Bar Building
Animal Law Committee Meeting, Conference Call
South Carolina Lawyer Editorial Board Meeting, Conference Center
To be added or deleted from the E-Blast mailing list, please contact Donna Oelhafen in Membership Services at firstname.lastname@example.org or (803) 799-6653, ext. 171. To change your e-mail address, you must log on to AIS at www.sccourts.org/ais.