Friday, April 28, 2006
What really might get the jury mad in this one is that allegedly Wal-mart did not respond to the parents of the child involved once the incident was reported.
Glad we don't have any real problems in South Carolina: for example: education, criminal domestic violence, conservation, etc. Hence, the General Assembly has time to think about those evil sex toys.
Thursday, April 27, 2006
- Resending the letter by regular mail: "Following up with regular mail might also increase the chances of actual notice to Jones if it turned out he had moved. "
- To post notice on the front door, or to address otherwise undeliverable mail to occupant.
The rationale behind the opinion is summed up as follows:
There is no reason to suppose that the State will ever be
less than fully zealous in its efforts to secure the tax revenue
it needs. The same cannot be said for the State's
efforts to ensure that its citizens receive proper notice
before the State takes action against them. In this case,
the State is exerting extraordinary power against a property
owner--taking and selling a house he owns. It is not
too much to insist that the State do a bit more to
attempt to let him know about it when the notice letter addressed
to him is returned unclaimed.
Wednesday, April 26, 2006
We do not believe that the initial stop was unlawful because there was sufficient evidence to give rise to a reasonable suspicion that illegal activity was afoot. A reliable informant phoned in a tip about a suspicious car in a bar parking lot. G.S.A. 6. From a distance, the officers observed an unconscious man in the driver's seat of the car. Id. They could also see that the rear bumper of the car was bashed in and that the car was running at idle. Id. at 6, 21. The car had out-of-state license plates, id. at 22-23, and was parked in an area known for drug and gang activity, id. at 14-15, 37. Under these circumstances, the officers, in light of their experience, could have reasonably suspected that McQueen, among other things, either had been or was about to drive drunk or that McQueen had hit a car and driven away. In light of these circumstances, the district court was correct to conclude that the officers had the reasonable suspicion necessary for the Terry stop. Therefore, McQueen's consent to search his car was effective and the district court did not err in refusing to suppress the handgun.
Fourth Circuit holds state court claims arising before arbitration agreement were not subject to arbitration clause
Tuesday, April 25, 2006
S.C. Court of Appeals finds no error in denial of motion to sever the charges or murder and trafficking
The cocaine trafficking charge arose out of a traffic stop the police set up because they suspected Rice of Johnson's murder. The police found the gun believed to be the murder weapon in the same search that produced the cocaine that forms the basis of the cocaine trafficking charge. The State surmised Rice's motive for murdering Johnson was in part to retrieve the cocaine and money Johnson stole from Rice's car. When the police arrested Rice at the traffic stop, he was found with large amounts of cocaine and money. Moreover, the testimony at trial revealed the relationship between Rice and Johnson was largely based on selling drugs. The State's theory as to the motive for Johnson's murder involved the drugs Johnson stole from Rice when he stole Rice's car as well as the drug-related argument the two recently had involving the marijuana. Hence, the relationship between the two charges counseled against severing them.
Monday, April 24, 2006
At Revolutions, the club that lost its license, food sales accounted for less than 10 percent of revenue. The appeal concerns what a substantial amount means.
This case is another example of the mess that is our constitution. Fundamental law should not regulate such things as the sale of booze. South Carolinians need to clean up the constitution.
Friday, April 21, 2006
Attorneys argued Wednesday whether a lawsuit stemming from the discovery of a Civil War-era steamer and its treasure trove should be heard in South Carolina.
$75 million in gold and artifacts were recovered from the SS Republic, which was discovered in 2003 off the Southeast coast.
The steamer was traveling from New York to New Orleans when it sank in a hurricane on October 25th, 1865.
The lawsuit alleges Florida-based Odyssey Marine Exploration found the vessel using information a South Carolina shipwreck hunter provided.
But the plaintiffs say neither the treasure nor the credit for finding the wreck was shared.
Thursday, April 20, 2006
Wednesday, April 19, 2006
Tuesday, April 18, 2006
All candidates to fill the Circuit Court judgeship formerly held by new US Attorney Reggie Lloyd have been certified by the South Carolina Bar as qualified for the post.
That includes long-time York County prosecutor Dan Hall who is the only white candidate to replace Lloyd. Lloyd was one of only a handful of black state judges.
The next step for all six candidates is screening by the Legislature's Judicial Merit Selection Commission that should recommend three people to the General Assembly for a vote later this year.
The other candidates for Lloyd's at-large seat are Debra Gammons of Greenville, and Columbia residents Michelle Childs, John Geathers, Joseph Strickland and William Witherspoon
S.C. Court of Appeals holds that there is no private right of action for the unauthorized practice of law
Monday, April 17, 2006
The lawsuit, filed in February by Hilton Head Island lawyer Jim Herring and the South Carolina Public Interest Foundation, alleges the Judicial Merit Selection Commission failed to properly screen Mullen. The lawsuit claims she was nominated to replace Judge Jackson Gregory despite concerns about whether she actually lived and worked in the circuit. Judge Kinard dismissed the case and held that it should have been filed in the original jurisdiction of the South Carolina Supreme Court.
. . .
James Carpenter, the attorney representing Herring and the foundation, said he thinks he will be able to file the case with the Supreme Court before the swearing-in this summer.
Thursday, April 13, 2006
Wednesday, April 12, 2006
In this case, the Court held that the lost volume seller doctrine does not eliminate a seller's duty to mitigate his damages. The doctrine simply recognizes that, in situations in which the seller has excess capacity and would, in any event, have made both sales, the lost volume measure of damages is necessary to place the seller in the same position he would have been had the buyer not repudiated.
Tuesday, April 11, 2006
S.C. Supreme Court holds that guardian ad litems are not typically public figures in defamation cases
This case provides a nice summary of South Carolina's law of defamation.
Monday, April 10, 2006
According to the article, one of the problems is that law schools aren't turning out students who know how to practice law. I'd have to agree with that. You learn about practice serving as a summer associate or a law clerk. What you learn in school has very little to do with private practice.
Also, not surprisingly, the article concludes that the ABA might be a part of the problem rather than the solution.
This is one article that is worth the read.
(Hat tip SW VA Law Blog).
Friday, April 07, 2006
His bio from Notre Dame can be found here. A copy of his CV is available at this link.
Pratt specializes in legal history and has several publications with the South Carolina Law Review and the University of South Carolina Press.
For those of you interested in his scholarship, here are a couple of links to his books:
The Supreme Court Under Edward Douglass White, 1910-1921
Privacy in Britain
A native of Jackson Mississippi, Professor Pratt joined the faculty of the Notre Dame Law School in 1986 as an associate professor of law and became a full professor in 1998. He earned his B.A. magna cum laude from Vanderbilt University in 1968, as a Rhodes Scholar earned his D.Phil. from Oxford University in 1974, and earned his J.D. from Yale in 1977, where he served as the articles and book review editor for the Yale Law Journal. He is also a member of Phi Beta Kappa. In addition to his teaching responsibilities, he has served as executive associate dean (1999-2005), co-director of the Notre Dame London Law Centre (1988-89), associate dean for academic affairs (1991-98), and faculty advisor to the moot court program (1990-98). He clerked for the Honorable Charles Clark on the U.S. Court of Appeals for the Fifth Circuit (1977-78), and for United States Supreme Court Chief Justice Warren Burger (1978-79). He taught at Duke University as an assistant professor (1979-82) and associate professor of law (1982-86), and held a visiting associate professorship of law at Brigham Young University (1984-85). While on a research leave for the 1998-99 academic year, he studied Irish legal history at the law department of the National University of Ireland, Galway, Ireland.
Thursday, April 06, 2006
Our decision is not intended to bring every law firm engaging in foreclosure proceedings under the ambit of the Act. Nevertheless, it is well-established that the Act applies to lawyers "who 'regularly' engage in consumer-debt-collection activity, even when that activity consists of litigation." Heintz, 514 U.S. at 299. Congress enacted the Act to "eliminate abusive debt collection practices by debt collectors." 15 U.S.C.A. 1692(e) (West 1998); see also Carroll, 961 F.2d at 460. As such, lawyers who regularly engage in consumer-debt-collection activity should not be allowed to thwart this purpose merely because they proceed in the context of a foreclosure.
The settlement amount is $1.2 million.
Wednesday, April 05, 2006
An Upstate lawmaker wants to change the state constitution allowing the General Assembly, not the courts, to decide how much money South Carolina spends on public education.
Sen. Larry Martin introduced a bill Tuesday that would specify lawmakers alone can make those monetary decisions.
Martin, R-Pickens, thinks the measure would cut short any appeals of an education funding lawsuit. Circuit Judge Thomas Cooper ruled in December the state must fund quality early childhood education to overcome the effect of poverty on children.
Nice work Senator Martin!
Governor Sanford and Attorney General Henry McMaster are showing support for a bill aimed at protecting the State's children. Jessica's Law was introduced after Jessica Lunsford of Florida was murdered by a registered sex offender. The State's version of Jessica's Law would strengthen the State's sex offender registry by requiring registration several times a year. Predators on probation would be tracked by electronic monitoring devices and offenders convicted twice of sexually assaulting children under the age of 11 could face the death penalty.
Notre Dame University law professor Walter F. Pratt Jr. has been offered the position of dean of the University of South Carolina School of Law, Pratt confirmed Monday.
Law school faculty members were notified last week that provost Mark Becker had offered the position to Pratt. And its tenured faculty members have been asked to consider an appointment as a tenured professor of law for Pratt.
Tuesday, April 04, 2006
The Supreme Court concluded that the County is not preempted from the field of port and terminal development on the Savannah River because the General Assembly has not manifested an intent that no other enactment touch upon the subject. Further, the County has the power and authority to create a county-owned public marine terminal on the Savannah River, and this power is consistent with the Constitution and general law of the State. However, the Court noted that the Ports Authority's right of condemnation is superior to County’s right. Hence, the Ports Authority can swing a bigger stick on this issue even though the County is not excluded from the field.
Monday, April 03, 2006
the domain name dispute when entering into the settlement agreement and that therefore its claim against Convey was not within the scope of claims intended to be released in the settlement agreement.
The Fourth Circuit held that although 1099 Pro was able to show that it was not aware of any disputes relating to the domain name at the time of the settlement agreement, there was sufficient evidence from which the jury could have concluded that the parties nonetheless intended to foreclose future litigation arising from any action that occurred prior to
their settlements, whether known or unknown.
Hence, the Fourth Circuit affirmed the result that 1099 Pro had breached the agreement.