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UM, Wait a second! – Rekindled Exposure for Bad Faith Uninsured Motorist Claims in South Carolina

Recently, the United States District Court held a plaintiff can maintain a claim for bad faith handling of Uninsured Motorists Coverage (“UM”) in the District of South Carolina. In Tucker v. Peerless Insurance Company, the...more

Fourth Circuit Upholds 1-year Statute of Limitations on Flood Insurance Claims

In Woodson v. Allstate Insurance Co., the United States Court of Appeals for the Fourth Circuit recently upheld a one-year statute of limitations in flood insurance claims. Briefly, Hurricane Irene flooded the home of...more

When an Assault is not an Assault - Covered Up: SC District Court Denies Exclusion for Alleged Nightclub Assault and Battery

In a recent United States District Court decision, the court denied the insurer’s motion for summary judgment as to its duty to defend and indemnify for an alleged assault and battery. The facts of Certain Underwriters at...more

Is your Motor Vehicle Loan Safe?

Insurance policies may not protect the credit union's lien - Today’s insurance world is a complicated scene. Insureds have more choice than ever for insurance coverage. If a federal credit union has a lien on a motor...more

City Slickers and Airplane Litigation: Fight or Flight: Theobald v. Piper Aircraft, Inc.

Sometimes venue challenges are successful. Sometimes the convenience of the lawyers is not the standard for judging the proper venue for a lawsuit. In Theobald v. Piper Aircraft, Inc., 208 So.3d 287 (Fl. 2016), Florida’s...more

City Slickers and Airplane Litigation: Fight or Flight: Theobald v. Piper Aircraft, Inc.

Sometimes venue challenges are successful. Sometimes the convenience of the lawyers is not the standard for judging the proper venue for a lawsuit. In Theobald v. Piper Aircraft, Inc., 208 So.3d 287 (Fl. 2016), Florida’s...more

When a Lawyer Represents Himself, He has a Client…

The South Carolina Court of Appeals recently clarified the circumstances under which a lawyer can represent himself and when a member of his law firm can represent him. In Brooks v. S.C. Commission on Indigent Defense, a...more

Logos and Branding May Create Additional Parties to Insurance Coverage Litigation

Insurance coverage lawyers, when defending carriers in first-party claims, regularly deal with the real party in interest issue. The insured’s lawyer, in filing the lawsuit, sometimes names the wrong issuing company, the...more

US Court of Appeals for the Second Circuit Rules Federal Law Preempts Local Airport Regulations

“Noise policy must be carried out at the national level.” So says the United States Court of Appeals for the Second Circuit, in overruling the Town of East Hampton’s attempt to locally control airport noise. The Second...more

Eighth Circuit Confirms Split in Airline Deregulation Act Pre-emption

The U.S. Court of Appeals for the Eighth Circuit has set up a circuit split for the U.S. Supreme Court in Watson v. Air Methods Corp., 834 F.3d 891 (8th Cir. 2016). In Watson, the Eight Circuit affirmed its precedent...more

SC Supreme Court Disciplines Lawyer for Failing to Notice Opponent with Trial Records Subpoena

Family court attorney sanctioned with nearly unprecedented public disciplinary order - In a nearly unprecedented public disciplinary order, the South Carolina Supreme Court, on November 15, 2016, sanctioned a family...more

SC Court of Appeals Holds 6-Year Statute of Limitations Does Not Apply - UCC claim was filed against automotive lender

You may have read about South Carolina Court of Appeals’ decision to extend the 6-year statute of limitations to UCC claims involving secured transactions arising out of automobile purchases. In Delaney v. First Financial of...more

SC Court of Appeals Rules No Compensable Taking - Case involved in police hostage rescue

The South Carolina Supreme Court, in Carolina Conv. Stores v. City of Spartanburg, Op. No. 27663 (S.C.Sup.Ct. filed August 31, 2016) (Shearouse Adv.Sh. No. 35 at 12), tackled the issue of whether a city’s SWAT response to a...more

SC Court of Appeals Confirms Probate Court’s Limited Partition Jurisdiction - Real property devolves according to the state law...

In Byrd v. McDonald, op. No. 5409 (S.C.Ct.App. filed June 8, 2016) (Shearouse Adv.Sh. No. 23 at 66) the S.C. Court of Appeals decided the appeal of a probate court action to determine heirs and partition real property. The...more

SC Supreme Court extends Statute of Limitations in Lawyer Malpractice - Precedent reversed & hybrid rule adopted

The South Carolina Supreme Court, in the case of Stokes-Craven Holding Corp. v. Robinson, Op. No. 27572 (S.C.Sup.Ct. filed May 25, 2016)(Shearouse Adv.Sh. No. 21 at 17), reversed precedent and adopted a hybrid rule for the...more

SC Court of Appeals Rules Against Absentee Guarantor - Power of attorney afforded normal contract interpretation rules

On August 3, 2016, the South Carolina Court of Appeals released First South Bank v. Rosenberg, Op. No. 5437 (S.C.Ct.App. filed August, 3, 2016) (Shearouse Adv.Sh. No. 31 at 75). In First Bank, the Court of Appeals considered...more

SC Court of Appeals Rules Not Every Government Action is a Taking - Landowners may still recover damages

The South Carolina Court of Appeals recently considered the appeal of Claude Graham and Vickie Graham against the Town of Latta, South Carolina, in the case of Graham v. Town of Latta, 789 S.E.2d 71 (S.C.Ct.App. 2016). The...more

SC Court of Appeals Curbs Personal Representative Fee - Appeal arose from administration of an estate

The South Carolina Court of Appeals recently handed down the decision of In Re: Estate of Marion M. Kay, Op. No. 5414 (S.C.Ct.App. Withdrawn, Substituted and Refiled Nov. 2, 2016) (Shearouse Adv.Sh. No. 42 at 28). In Kay,...more

Key Real Estate Ruling from South Carolina Supreme Court

Justices Rule on Prescriptive Easements - 2016 Case Notes: Real Estate- Introduction - The South Carolina Supreme Court clarified the law of prescriptive easements in its decision in Simmons v. Berkeley Elec....more

CentsAbility: Creditors' Rights Law Update - South Carolina Court of Appeals applies Uniform Commercial Code Six-Year Statute of...

This summer, the South Carolina Court of Appeals decided the appeal of Coastal Federal Credit Union v. Brown. The Court had to determine which statute of limitations applied to the credit union’s action to collect a...more

SC Court of Appeals Holds that Intervenor Rights Trump Plaintiff's

Order which adds a party is really an order granting intervention - Introduction - The South Carolina Court of Appeals recently released the decision of Dorn v. Cohen, Op. No. 5432 (S.C.Ct. App. filed Aug. 3,...more

Serving the Master: Challenging the Authority Power or Jurisdiction of the Master-in-Equity

“We are all apprentices in a craft where no one ever becomes a master.” – Ernest Hemingway Masters-in-equity and special referees operate only when the circuit courts refer actions to them. Rule 53 of the South...more

Farm Service Agency Guaranteed Loans: Simple Steps to Improve Performance

Associations that participate in the Farm Service Agency’s Guaranteed Loan Program understand how beneficial it can be. But, you might not recognize that through a few simple steps, you can improve your loan performance...more

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