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November 8, 2012

November 07, 2012

Welcome to the South Carolina Bar's E-Blast! 
November 8, 2012
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.

Thank you from the LRE Division
The Law Related Education (LRE) Division thanks the attorney coaches, presiding judges, scoring judges and regional coordinators who made the 2012 Middle School Mock Trial Regional Competitions a success. The complete list of volunteers can be found
here. The LRE Division also thanks the Marc H. Westbrook Lexington County Judicial Center, Greenville County Courthouse and Conway Courthouse for providing the facilities that made the competitions possible. The following schools have advanced to the state competition Dec. 7-8: Crayton (Columbia), Dent (Columbia), Dutch Fork (Irmo), Forestbrook (Myrtle Beach), Hammond (Columbia), Hand (Columbia), Johnston Edgefield Trenton (Johnston), Johnsonville, Myrtle Beach, N. Myrtle Beach (Little River), Ocean Bay (Myrtle Beach) and Springfield (Ft. Mill). Congratulations!

Bar members elected to serve in public office
The Bar extends appreciation and congratulations to the following members who prevailed in the general election:
 
U.S. House of Representatives: Congressman Joe Wilson, U.S. House Dist. 2; Congressman Trey Gowdy, U.S. House Dist. 4; and Tom Rice, U.S. House Dist. 7.
S.C. Senate: Karl Allen, Dist. 7; Sen. Wes Hayes, Dist.15; Sen. Creighton Coleman, Dist. 17; Tom R. Young, Dist. 24; Sen. Shane Massey, Dist. 25; Sen. Nikki Setzler, Dist. 26; Sen. Vincent Sheheen, Dist. 27; Greg Hembree, Dist. 28; Sen. Gerald Malloy, Dist. 29; Sen. Luke Rankin, Dist. 33; J. Thomas McElveen III, Dist. 35; Sen. Bradley Hutto, Dist. 40; Paul Thurmond, Dist. 41; Sen. Chip Campsen III, Dist. 43; and Sen. Tom Davis, Dist. 46.
S.C. House of Representatives: Rep. Bruce W. Bannister, Dist. 24; Rep. Derham Cole Jr., Dist. 32; Rep. Douglas “Doug” Brannon, Dist. 38; Ralph Shealy Kennedy, Dist. 39; Rep. Walton J. McLeod, Dist. 40; Rep. F. Gregory Delleney Jr., Dist. 43; Mandy P. Norrell, Dist. 44; Rep. Thomas “Tommy” E. Pope, Dist. 47; Rep. J. David Weeks, Dist. 51; Rep. Laurie Slade Funderburk, Dist. 52; Rep. Elizabeth R. Munnerlyn, Dist. 54; Rep. James H. Lucas, Dist. 65; Rep. G. Murrell Smith Jr., Dist. 67; Rep. James E. Smith Jr., Dist. 72; Rep. Chris Hart, Dist. 73; Rep. Todd Rutherford, Dist. 74; Beth E. Bernstein, Dist. 78; Rep. Todd Atwater, Dist. 87; Rep. Bakari Sellers, Dist. 90; Rep. Jenny Horne, Dist. 94; Rep. Chris Murphy, Dist. 98; Rep. Ronnie Sabb, Dist. 101; Rep. Alan D. Clemmons, Dist. 107; Stephen Goldfinch Jr., Dist.108; Rep. J. Seth Whipper, Dist. 113; Rep. Peter McCoy Jr., Dist. 115; Rep. Leon Stavrinakis, Dist. 119; and Weston Newton, Dist. 120.

Sen. Campsen appointed to Judicial Merit Selection Commission
Sen. Chip Campsen was appointed by Senate Judiciary Chairman Larry Martin to the Judicial Merit Selection Commission on Nov. 8. Click here to read the media release.

New release
S.C. Crimes: Elements and Defenses 2012 Cumulative Supplement by Miller W. Shealy Jr. and Margaret M. Lawton
This 2012 supplement to the main text, S.C. Crimes: Elements and Defenses, includes case law updates through Sept. 1, 2012, an additional chapter on narcotics, self defense instructions and an updated drug sentencing chart.

DuRant and Ellen Hines Smith Award Nominations due next week
Nominations for the DuRant Distinguished Public Service Award and the Ellen Hines Smith Legal Services Award are due next week! Visit the Foundation website to nominate your colleague for the DuRant Distinguished Public Service Award. Click here to view the selection criteria and download the form to nominate your colleague for the Ellen Hines Smith Legal Services Award. Please submit all DuRant nominations to Dee Sanders by Nov. 12 and all Ellen Hines Smith nominations to Robin F. Wheeler by Nov. 15. Your Bar Foundation is the only statewide entity that funds the advancement of justice by improving access, education and accountability. Please join us.

Advance Sheet update
November 7, 2012
The S.C. Supreme Court granted certiorari and dismissed the writ as improvidently granted.
State v. Cooper, No. 27184, is available
online.

The Court granted certiorari and affirmed as modified the decision of the Court of Appeals. Given the lack of evidence in the record to support the appellant’s survival claim, the Court left open the issue of whether to recognize “pre-impact fear” as an element of damages in a survival action and affirmed the trial court’s equitable reallocation of settlement proceeds. 
Rutland v. SCDOT, No. 27185, is available
online.
Justice Pleicones concurred in part and dissented in part in a separate opinion.

In this wrongful death and survival action, the Court affirmed the trial court’s jury charge and its exclusion of evidence, but reversed and remanded the survival action for a new trial absolute with respect to liability and damages. The Court found, inter alia, it was evident that the jury was confused when it rendered its damages award of zero dollars. At trial there was a clear showing the decedent experienced conscious pain and suffering before his death and that the appellant had spent in excess of $7,000 in funeral and burial expenses. The Court found the award to be not only inadequate, but legally incorrect.
Carson v. CSX Transportation, Inc., No. 27186, is available
online.
Justice Pleicones concurred in a separate opinion.

In this appeal, the Court affirmed the master-in-equity’s ruling. The bank’s assignment of the note and mortgage on respondent Michael Brown’s property to his wife’s LLC did not violate the Statute of Elizabeth since the appellants failed to establish by clear and convincing evidence that the bank transferred the note and mortgage with the intent to defraud the appellants. Further, the payments made by the LLC for the assignment did not result in a pay-off of the note or the satisfaction of the mortgage because respondent Michael Brown was not the alter-ego of the LLC.
Oskin v. Johnson, No. 27187, is available
online.
Justice Hearn concurred in part and dissented in part in a separate opinion. Justice Kittredge wrote separately.

The Court affirmed the master-in-equity’s grant of summary judgment in this foreclosure action. The appellant alleged Savannah Bank acted negligently in processing his loan application and claims the master erred in denying his motion seeking additional time for discovery. The Court affirmed the grant of summary judgment on the issue of negligence because, under the given facts, the Court found the bank did not owe the appellant a duty of care in the processing of his loan application. Further, the Court found the master’s denial of the appellant’s motion seeking additional time for discovery proper since the record indicates the appellant had ample time during discovery to uncover evidence and speak with potential witnesses.
Savannah Bank v. Stalliard, No. 27188, is available
online.

Member discipline
By order of
November 7, the Court imposed a public reprimand on Greenwood County Magistrate Walter Rutledge Martin. The Court accepted the admission and agreement of the respondent, which cites violation of, inter alia, Canons 1 and 2 of the Code of Judicial Conduct.

Firm announcements
Le Clercq Law Firm, PC announces that William G. DesChamps IV has joined the firm as an associate located at 353 N. Shelmore Blvd., Mt. Pleasant 29464. (843) 722-3523.

Willson Jones Carter & Baxley, PA announces that Jacob M. Smith has joined the Charleston office located at 421 Wando Park Blvd., Ste. 100, 29464. (843) 284-1080.

Calendar
November 13
Health Care Law Section Council Meeting, Conference Call

November 14
Animal Law Committee Meeting, Conference Call
Member Involvement Task Force Meeting, Conference Call

November 15
Board of Governors Meeting, Bar Building
Family Law Section Council Meeting, Bar Building

November 16
Elder Law Committee Meeting, Bar Building
Probate, Estate Planning and Trust Section Council Meeting, Conference Call
Workers' Compensation Section Council Meeting, Conference Call

November 30
Bar Foundation Board Meeting, Conference Center


December 7-8
Middle School Mock Trial State Competition, Lexington

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