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September 26, 2013

September 24, 2013

Welcome to the South Carolina Bar's E-Blast! 
September 26, 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.

Bar announces approved carriers
After extensive study, the Bar’s Task Force on Professional Liability has chosen two approved professional liability carriers. Each malpractice insurance carrier affirms they meet high standards set by the Task Force. View the criteria and contact representatives from the carriers
online

South Carolina continues leadership roles in ABA and related entities
This week, the Bar Foundation is featuring members of the S.C. legal community who have been named to leadership positions with national organizations. Read about their roles in the
Bar Foundation’s latest blog.

Advance Sheet update
September 25, 2013
The S.C. Supreme Court found the S.C. Court of Appeals correctly affirmed the trial judge’s denial of Auto-Owners’ motion pursuant to Rule 60(b), SCRCP. The Court held that the declaratory judgment action was procedurally proper, except for the ruling on issues regarding property damages, since there are related questions of fact that must be decided by a jury on retrial. The Court affirmed the court of appeals’ determination that Auto-Owners has a duty to indemnify Eadon since he is an insured under the policy. Finally, the Court agreed with the court of appeals that the removal of the remaining two signs constituted an “occurrence” for purposes of the policy as the “occurrence” of the first fallen sign precipitated their removal. Accordingly, the decision of the court of appeals is affirmed in part and reversed in part.
Auto-Owners v. Rhodes, Op. No. 27316 (S.C. Sup. Ct. filed September 25, 2013) (Shearouse Adv. Sh. No. 41 at 18), is available
online.
Justice Pleicones concurred in result only.

The Court affirmed the decision of the court of appeals, holding that the circuit court had jurisdiction to resolve this defamation claim using neutral principles of law. The Court opined that “to find otherwise would be to grant tort law immunity to religious practitioners, enabling them to make any statement regardless of its falsity and harmfulness provided the statement is made in a religious setting.”
Banks v. St. Matthew Baptist Church, Op. No. 27317 (S.C. Sup. Ct. filed September 25, 2013) (Shearouse Adv. Sh. No. 41 at 34), is available
online.
Chief Justice Toal dissented in a separate opinion in which Justice Kittredge concurred.

In this appeal from the family court, the Court reversed, finding the videotape forensic interviews of the non-testifying child victims were inadmissible under S.C. Code Section 19-1-180(G).
SCDSS v. Pringle, Op. No. (S.C. Sup. Ct. filed September 25, 2013) (Shearouse Adv. Sh. No. 41 at 52), is available
online.
Chief Justice Toal dissented in a separate opinion. Justice Kittredge concurred in part and dissented in part in a separate opinion.

Discipline
By order of
September 25 the S.C. Supreme Court publicly reprimanded Joenathan Shelly Chaplin for misconduct based upon his failure to return an unearned fee following a decision of the Resolution of Fee Disputes Board and his failure to respond to the Office of Disciplinary Counsel.

In an order dated
September 25 the Court imposed reciprocal discipline and disbarred Sidney J. Jones. Ms. Jones pled guilty in Georgia to 11 misdemeanors, including smuggling contraband to an incarcerated client.

Receiver appointed
Gretchen Gleason, receiver for the Court, has been appointed in two matters: for Jacquelyn Lee Bartley, a Bar member who died in August; and for Michael Anthony Walker, who was placed on interim suspension by order dated September 11.

Firm announcement
Dodds and Hennessy, LLP
announces that M. Anthony Stith Jr. has been named a partner in the firm and that the firm will now be known as Dodds, Hennessy & Stith, LLP. The firm is located at 973 Houston Northcutt Blvd., Ste. 101, Mt. Pleasant 29464. (843) 881-1022.


Calendar
September 27
Dispute Resolution Section Council Meeting, Conference Call
Professional Responsibility Committee Meeting, Bar Building
Torts and Insurance Practices Section Council Meeting, Conference Call

October 3
Community Association Law Committee Meeting, Bar Building
We The People Training, Bar Building

October 8
Health Care Law Section Council Meeting, Conference Call

October 10
Board of Governors Meeting, Conference Call

October 11
Elder Law Committee Meeting, Conference Call
Practice and Procedure Committee Meeting, Bar Building

October 17
Family Law Section Council Meeting, Conference Call

October 18
Ethics Advisory Committee Meeting, Bar Building
Probate, Estate Planning and Trust Section Council Meeting, Conference Call

October 18-20
Senior Lawyers Division Fall Conference, Cashiers, NC

October 25
Professional Responsibility Committee Meeting, Bar Building
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 
doelhafen@scbar.org or (803) 799-6653, ext. 171. To change your e-mail address, you must log on to AIS at www.sccourts.org/ais.

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