January 22, 2013
January 17, 2013
Welcome to the South Carolina Bar's E-Blast!
January 22, 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.
Get your hands on the newest CLE publications!
Attending the 2013 Bar Convention in Myrtle Beach this week? Don’t forget to stop by the CLE Publications booth in the exhibitor hall and take advantage of special sale prices on our publications!
See what happened last week in the Weekly Legislative Report! Updates will be posted every Monday throughout the legislative session.
Amendment to Rule 31(f), Rule 413
The S.C. Judicial Department posted amendments to Footnote 1 of Rule 31(f) of Rule 413 of the S.C. Appellate Court Rules regarding reimbursements to attorneys to protect clients' interests. View the complete order on its website.
PMAP–Your guide to …
Application period open for Rule 608 criminal conflict contracts
Attorneys interested in contracting with the S.C. Commission on Indigent Defense to provide representation for indigent clients in criminal conflict cases are invited to submit an application for consideration. This notice pertains to all 46 counties in the state. The link for the application and other important information about the contract program is located on the home page of the SCCID website. All applications must be received by 5 p.m. on Jan. 31 to be considered. Questions regarding the application process should be directed to SCCID at (803) 734-1338.
Application period extended for Rule 608 civil contract case contracts
Attorneys interested in contracting with the S.C. Commission on Indigent Defense to provide representation for indigent clients in civil matters (post conviction relief and sexually violent predator actions included) are invited to submit applications for consideration. This notice is for contracts in the following 20 counties not previously noticed in September: Abbeville, Allendale, Beaufort, Calhoun, Charleston, Chester, Clarendon, Edgefield, Fairfield, Florence, Georgetown, Greenville, Hampton, Kershaw, McCormick, Orangeburg, Richland, Saluda, Union and York. The link for the application and other documents concerning the civil case contract program is located on the home page of the SCCID website. Please note some changes have been made to the contract language concerning the amount of malpractice coverage required. All applications must be completed and received no later than 5 p.m. on Jan. 23. Questions regarding the application process should be directed to SCCID at (803) 734-1338.
Advance Sheet update
January 16, 2013
In this case from the S.C. Business Court, the Hon. Roger M. Young Sr. granted summary judgment for the defendants, finding that there was no genuine dispute of material fact that the plaintiffs lacked standing to continue prosecuting the shareholder derivative claims asserted. Also, the "fraud" exception did not save the claims. The plaintiffs’ lack of continued stock ownership deprived them of standing to maintain the derivative claims, and summary judgment was therefore entered against the plaintiffs. The court further opined that the defendants were entitled to summary judgment based on the preclusive effects of the summary judgment orders entered by Judges Russell and Houck in the Nevada Action and the Federal Action, respectively.
Estate of Stevenson v. Kavanaugh is available online.
The S.C. Court of Appeals affirmed the circuit court’s grant of summary judgment to Anderson County (County) as to Cunningham’s causes of action for breach of contract and violation of the Payment of Wages Act, finding the contract between Cunningham and County void. The court reversed the circuit court’s grant of summary judgment to County as to Cunningham’s cause of action for wrongful discharge, finding the circuit court erred in concluding that Cunningham was precluded from asserting a wrongful discharge claim based on the public policy exception to the at-will employment doctrine. The court remanded to the circuit court to allow the parties to engage in further discovery.
Cunningham v. Anderson County, No. 5072, is available online.
On appeal from the Workers’ Compensation Commission’s Appellate Panel, the court affirmed and opined that the preponderance of the evidence supports a finding that Evans Construction was Fortner’s statutory employer at the time of his injuries. Because the court affirmed the Appellate Panel, the court found it unnecessary to reach the issue of whether Fortner was a direct or lent employee of Evans Construction.
Fortner v. Evans Construction and Development, LLC, No. 5073, is available online.
In this dispute regarding a covenant not to compete, the court reversed the trial court’s findings that: (1) the forfeiture provision and the provision prohibiting the assistance and practice of medicine in the field of cardiology are unenforceable; and (2) the respondents were entitled to damages for unpaid director’s fees, draws and the defined share of accounts receivable under the Wage Payment Act.
Baugh v. Columbia Heart Clinic, No. 5074, is available online.
Robert Pearce Wilkins, 79, of Lexington died January 18. His obituary can be found here.
By order of January 15, the Court placed Steven Robert Lapham on interim suspension. James D. Jolly Jr. is the trustee.
By order of January 16, the Court placed Scott Christen Allmon on interim suspension.
The Court has removed Scott Daniel Irwin from the roll of attorneys as he no longer meets the requirements of Rule 405, SCACR.
Evans, Carter, Kunes & Bennett, PA announces that F. Patricia Scarborough has become a shareholder in the firm located at 115 Church St., Charleston 29401. (843) 577-2300.
Eliot Peace announces that he has accepted a commission as judge advocate with the U.S. Air Force and can be reached at 6 AMW/JA, 8208 Hangar Loop Dr., MacDill Air Force Base, FL 33621. (813) 828-8793.
Young Clement Rivers, LLP announces that Leslie M. Whitten has become a partner in the firm and J. Steven Rodenberg has joined the firm as special counsel located at 25 Calhoun St., Ste. 400, Charleston 29401. (843) 577-4000.
Board of Governors Meeting, Myrtle Beach
House of Delegates Meeting, Myrtle Beach
Memory Hold the Door Ceremony, Myrtle Beach
Practice and Procedure Committee Meeting, Bar Building
Military and Veterans' Law Section Council Meeting, Bar Building
Elder Law Committee Meeting, Conference Call
Health Care Law Section Council Meeting, Conference Call
Ethics Advisory Committee Meeting, Bar Building
Workers' Compensation Section Council Meeting, Conference Call
Board of Governors Meeting, Kiawah Island
Professional Responsibility Committee Meeting, Bar Building
High School Mock Trial Regional Competitions
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