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March 27, 2014

March 25, 2014

Welcome to the South Carolina Bar's E-Blast! 
March 27, 2014
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.

Nominate your colleagues for the Young Lawyer of the Year Award
YLD is seeking nominations for the Young Lawyer of the Year Award, given annually to a young lawyer for his or her contribution to the community and/or the legal profession in South Carolina. Do you know someone who deserves to be recognized?
Nominate by April 2!

BallotBox survey on behalf of the Judicial Merit Selection Commission for judicial candidates
The Judicial Merit Selection Commission requests input in the General Assembly's screening of the three judicial candidates for
Master-in-Equity (Berkeley County). The Commission must determine whether each candidate is qualified to serve, and in this regard, seeks the opinion of practicing attorneys, members of the judiciary and clerks of court as to each candidate's fitness for the bench. BallotBox Online, LLC sent the electronic survey to Bar members today, March 27. Contact the Commission with questions by calling (803) 212-6623.

Reminder from the ADR Commission
The ADR Commission reminds all family court mediators that mediation reports (#SCADR107) are to include an estimate of how long it should take to try each case. Contact Joan Brown with questions at 
jbrown@scbar.org.

JQC phone interviews regarding judicial candidates 
The Judicial Qualifications Committee (JQC) began its calls to the bench and bar on March 17. The information compiled by JQC is not attributed to those interviewed and is used to determine a collective opinion of the candidate. JQC policies provide that committee members complete at least 30 calls per candidate. Participation from Bar members who have experience with any of the candidates is highly encouraged and valued. You may be asked about multiple candidates in order to avoid duplicate calls. Thank you for your continued cooperation and support. 

Fourth Circuit Court of Appeals summaries
Members of the South Carolina Law Review have summarized newly published cases from the Fourth Circuit Court of Appeals. The summaries can be found
here and are now tagged by area of law. Click on the categories on the right side of the page to see all related cases.

National Fair Housing Month Kick-off and Open House
On April 1, the National Fair Housing Month Kick-off and Open House will take place at the S.C. Fair Housing Center (1925 Bull St., Columbia). The event is open to the public and provides the opportunity to meet the staff, apply to become a fair housing tester and complete fair housing complaint intakes. For more information, call (803) 403-8447.

Advance Sheet update

March 26, 2014

In reaching its holding that the subcontract between DynCorp and Stevens was a requirements contract creating an exclusive relationship as to the C-12 and RC-12 aircraft, the S.C. Supreme Court reversed the Court of Appeals’ holding to the contrary and reinstated the circuit court’s grant of summary judgment on this issue. In addition, the Court affirmed the Court of Appeals’ holding that the subcontract was not a requirements contract as to the UC-35 aircraft. Finally, the Court reversed the Court of Appeals’ grant of summary judgment in favor of DynCorp.
Stevens Aviation, Inc. v. DynCorp Int’l, LLC, Op. No. 27369 (S.C. Sup. Ct. filed March 26, 2014) (Shearouse Adv. Sh. No. 12 at 24), is available
online

In this consolidated appeal, the Court affirmed the circuit court’s grant of summary judgment in favor of the respondents as well as the award of sanctions against the appellant under the S.C. Frivolous Civil Proceedings Sanction Act (FCPSA). The Court further held the appellant lacked standing to challenge the constitutionality of the FCPSA.
Holmes v. East Cooper Community Hospital, Inc., Op. No. 27370 (S.C. Sup. Ct. filed March 26, 2014) (Shearouse Adv. Sh. No. 12 at 37), is available
online
Justice Pleicones concurred in part and dissented in part in a separate opinion.

By order of March 27, the Court affirmed the family court's order terminating the appellant's parental rights and denying her motion to dismiss based on a challenge to the constitutionality of Section 63-7-2570(1) of the S.C. Code. Because the appellant’s conduct falls squarely within the parameters of the statute, she lacked standing to challenge the statute as void for vagueness. The appellant did not otherwise challenge the findings of the family court. The Court held the findings were supported by clear and convincing evidence and that TPR was in the best interest of the children.
SCDSS v. Michelle G., Op. No. 27371 (S.C. Sup. Ct. filed March 27, 2014), is available
online.
Justice Pleicones concurred in result only.

In memoriam
Scott Wayne Davis, 43, of Greenville died March 8. His obituary can be found
here.

Firm announcements
Gallivan, White & Boyd, PA announces that John E. Cuttino has joined the Columbia office as a shareholder located at 1201 Main St., Ste. 1200, 29201. (803) 779-1833.

Mickle and Bass, LLC announces that Derrick Williams has become a partner and Rocky Hughey has joined the Columbia office as a partner located at 1803 Hampton St., 29201. (803) 929-0029.

Yvonne Murray-Boyles announces the opening of The Law Office of Yvonne Murray-Boyles located at 1717 Gervais St., Ste. 103, Columbia 29202. (803) 764-7463.

Calendar
March 28
Professional Responsibility Committee Meeting, Bar Building

March 28-29
Battle of the Carolinas High School Mock Trial Competition, Conway

March 31
Free legal clinic: Criminal Law Issues (Spartanburg)

April 2
Memory Hold the Door Committee Meeting, Bar Building

April 3
Board of Governors Meeting, Bar Building

April 7
Administrative and Regulatory Law Committee Meeting, Bar Building
Free legal clinic: End of Life Issues (Pacolet)

April 8
Free legal clinic: Landlord/Tenant Law (Myrtle Beach)
Health Care Law Section Council Meeting, Conference Call

April 9
Employment and Labor Law Section Council Meeting, Conference Call

April 10
Government Law Section Council Meeting, Conference Call

April 11
Elder Law Committee Meeting, Conference Call
International Law Committee Meeting, Conference Call

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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