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January 2014 |
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The summary below each case is prepared to offer lawyers and the public a general overview of what issues are included in a case which will be argued. The summary is not a limit on what issues a party to a case may present at oral argument.
Tuesday, January 7, 2014 | |
Supreme Court Courtroom
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09:30 a.m. | (Time Limits: 10-10-5) |
2012-208267 Ida Lord, Appellant,
v.
D & J Enterprises, Inc., d/b/a Cash on the Spot, Respondent. Robert J. Reeves, of Law Offices of Robert J. Reeves, P.C., of Fort Mill and Arthur Kerr Aiken, of Aiken & Hightower, of Columbia, for Appellant. Leland B. Greeley, of Leland B. Greeley, PA, of Rock Hill, for Respondent In this premises liability case involving a third-party criminal act, Ida Lord (Appellant) appeals the circuit court's order granting summary judgment in favor of D & J Enterprises, Inc., d/b/a Cash on the Spot (Respondent). Appellant asserts the circuit court erred in: (1) concluding that the balancing approach adopted in Bass v. Gopal, Inc., 395 S.C. 129, 716 S.E.2d 910 (2011) applied prospectively; and (2) granting summary judgment as she presented a genuine issue of material fact on each element of her negligence claim. |
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10:00 a.m. | (Time Limits: 15-15-5) |
2012-206406 Nucor Corporation, Appellant,
v.
South Carolina Department of Employment and Workforce and Kim A. Leggette, Respondents. John S. Wilkerson, III and Nosizi Ralephata, both of Turner Padget Graham & Laney, PA, of Charleston, for Appellant. Deputy General Counsel Debra Sherman Tedeschi and Assistant General Counsel Sandra Bell Grooms, both of Columbia, Nancy Bloodgood, of Charleston, and Lucy Clark Sanders, of Daniel Island, for Respondents. In this direct appeal, the Court reviews the Administrative Law Court's determination that Respondent Kim A. Legette was eligible to receive unemployment benefits based on a finding that Appellant Nucor Corp. failed to demonstrate Legette was fired for cause as set forth in South Carolina Code section 41-35-120 after testing positive for illegal drug use. |
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10:30 a.m. | (Time Limits: 10-10-5) |
2011-202686 Stevens Aviation, Inc., Petitioner,
v.
DynCorp International LLC, and Science Applications International Corporation, Defendants,
of whom DynCorp International LLC is, Respondent. Michael J. Bogle and Keith D. Munson, both of Womble Carlyle Sandridge & Rice, LLP, of Greenville, for Petitioner. C. Mitchell Brown and Michael J. Anzelmo, both of Nelson Mullins Riley & Scarborough, LLP, of Columbia, William Stevens Brown, V and Lane Whittaker Davis, both of Nelson Mullins Riley & Scarborough, LLP, of Greenville, for Respondent. The Court granted certiorari to review a court of appeals' opinion reversing a circuit court's grant of partial summary judgment to the plaintiff in a contract dispute. The issues before the Court are whether the court of appeals erred in granting summary judgment to the defendant where the defendant never moved for summary judgment, in holding a previous agreement between the parties was not incorporated into the disputed contract, and in holding the disputed contract was not an enforceable requirements contract. |
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Wednesday, January 8, 2014 | |
Supreme Court Courtroom
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09:30 a.m. | (Time Limits: 15-15-5) |
2012-213286 Tyrone Aiken, Matthew Clark, Eric Graham, Bradford M. Haigler, Angelo Ham, J'Corey S. Hull-Kilgore, Damian Inman, Rogert Legette, Terriel Mack, Jennifer L. McSharry, Wallace Priester, Davon Reed, Dondre M. Scott, Edgar L. Thomas, James Van, et al., Petitioners,
v.
William R. Byars, Jr., Director, South Carolina Department of Corrections, and Alan Wilson, Attorney General of South Carolina, Respondents. John H. Blume, III, Keir M. Weyble and Elizabeth Anne Franklin-Best, all of Blume Norris & Franklin-Best, LLC, Diana L. Holt, of Diana Holt, LLC, Chief Appellate Defender Robert M. Dudek, of South Carolina Commission on Indigent Defense, all of Columbia, Joshua A. Bailey, of Finklea Law Firm, of Florence, Ernest Charles Grose, Jr., of Grose Law Firm, of Greenwood and Sheri L. Johnson, of Cornell Law School, of Ithaca, New York, for Petitioners. Attorney General Alan McCrory Wilson, Assistant Senior Assistant Deputy Attorney General Donald J. Zelenka and Assistant Attorney General John Benjamin Aplin, all of Columbia, for Respondents. Christopher D. Scalzo, of Greenville, for Amicus Curiae, South Carolina Public Defender Association. Joseph M. McCulloch, Jr., of Columbia, Abby C. Johnston and Abby F. Rudzin, both of O'Melveny & Myers, LLP, of New York, New York, for Amicus Curiae, South Carolina State Conference of the NAACP. In its original jurisdiction, the Court reviews whether, pursuant to the United States Supreme Court's recent decision in Miller v. Alabama, 132 S. Ct. 2455 (2012), certain sentencing procedures are required in cases where juveniles face a possible sentence of life without the possibility of parole (LWOP) and whether juveniles currently sentenced to LWOP are entitled to a new sentencing proceeding. |
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10:00 a.m. | (Time Limits: 10-10-5) |
2012-209546 The State, Respondent,
v.
Vashaun Ravenel, Petitioner. Deputy Chief Appellate Defender Wanda H. Carter, of Columbia, for Petitioner. Attorney General Alan Wilson and Senior Assistant Deputy Attorney General Salley W. Elliott, both of Columbia, for Respondent. The Court granted certiorari to review a decision by the Court of Appeals that affirmed the trial court's denial of petitioner's motion for a directed verdict on the charge of attempted armed robbery. |
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10:30 a.m. | (Time Limits: 10-10-5) |
2013-001898 In the Matter of Charles R. Griffin, Respondent Disciplinary Counsel Lesley M. Coggiola and Deputy Disciplinary Counsel Barbara Marie Seymour, both of Columbia, for Office of Disciplinary Counsel. David Dusty Rhoades, of Charleston, for Respondent. This is an attorney disciplinary matter. |
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Tuesday, January 21, 2014 | |
Supreme Court Courtroom
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09:30 a.m. | (Time Limits: 10-10-5) |
2012-210327 Carolina Walk, LLC and Serrus Carolina Walk, LLC, Appellants,
v.
Richland County Assessor, Respondent. Burnet Rhett Maybank, III and Tanya Amber Gee, both of Nexsen Pruet, LLC, of Columbia, for Appellants. Malane S. Pike, of White Rock and John M. S. Hoefer, of Willoughby & Hoefer, of Columbia, for Respondent. K.B. King, of Columbia, for Amicus Curiae, South Carolina Association of Realtors. In this direct appeal, Appellants Carolina Walk, LLC, and Serrus Carolina Walk, LLC, challenge the Administrative Law Court's decision affirming the Richland County Assessor's valuation of Appellants' real property for the 2009 tax year. |
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10:00 a.m. | (Time Limits: 15-15-5) |
2012-208490 Stevens and Wilkinson of South Carolina, Inc., Gary Realty Company, Inc., Garfield Traub Development, LLC, and Turner Construction Company, Plaintiffs,
Of Whom Stevens & Wilkinson of South Carolina, Inc., Gary Realty Company, Inc., and Garfield Traub Development, LLC, are Respondents,
v.
City of Columbia, Paul C. "Bo" Aughtry III, Windsor/Aughtry Co., Inc., Vista Hotel Partners LLC, and Hilton Hotels Corporation, Defendants,
Of Whom the City of Columbia, is Petitioner. D. Reece Williams, III, Michael W. Tighe, Richard C. Detwiler and Kathleen McColl McDaniel, all of Callison Tighe & Robinson, LLC, of Columbia, for Petitioner. Kenneth M. Suggs and Francis M. Hinson, IV, both of Janet Jenner & Suggs, LLC, Richard A. Harpootlian and Graham L. Newman, both of Richard A. Harpootlian, PA, all of Columbia, for Respondents. The Court granted certiorari to review the court of appeals' opinion reversing the trial court's grant of summary judgment in favor of the city of Columbia. Specifically, the city challenges the court of appeals' findings that genuine issues of material fact existed as to whether the parties' intended to form a contract in executing a Memorandum of Understanding for construction of a hotel and as to whether the city was conferred any benefit by the hotel development team so as to preclude summary judgment of the team's quantum meruit claim. |
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10:30 a.m. | (Time Limits: 15-15-5) |
2012-208527 Stevens & Wilkinson of South Carolina, Inc., Respondent,
v.
City of Columbia, South Carolina, Petitioner. D. Reece Williams, III, Michael W. Tighe and Kathleen McColl McDaniel, all of Callison Tighe & Robinson, LLC, of Columbia, for Petitioner. Richard A. Harpootlian and Graham L. Newman, both of Richard A. Harpootlian, PA, both of Columbia, for Respondent. This Court granted certiorari to review an unpublished decision of the court of appeals affirming the trial court's grant of partial summary judgment finding that a contract existed between the parties. |
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Wednesday, January 22, 2014 | |
Supreme Court Courtroom
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09:30 a.m. | (Time Limits: 10-10-5) |
2012-211938 Sarah Dawkins, Appellant,
v.
Union Hospital District (aka) Wallace Thomson Hospital, Respondent. John S. Nichols, of Bluestein Nichols Thompson & Delgado, LLC, and Donald Gist, of Gist Law Firm, PA, both of Columbia, for Appellant. William U. Gunn and Joshua Tate Thompson, both of Holcombe Bomar, PA, of Spartanburg, for Respondent. This case deals with the statutory definition of "medical malpractice" under section 15-79-100 and whether Plaintiff was required to file a Notice of Intent and mediate her claims prior to filing a lawsuit. |
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10:00 a.m. | (Time Limits: 15-15-5) |
2012-211593 The State, Respondent,
v.
Tavario Dormell Brunson, Appellant. Appellate Defender Susan Barber Hackett, of Columbia, for Appellant. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh and Senior Assistant Deputy Attorney General Donald J. Zelenka, all of Columbia, and Solicitor Edgar Lewis Clements, III, of Florence, for Respondent. Appellant contends his sentence violates the Eighth Amendment. |
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10:30 a.m. | (Time Limits: 15-15-5) |
2012-212118 Catawba Indian Nation, a/k/a The Catawba Indian Nation of South Carolina, a/k/a The Catawba Indian Tribe of South Carolina, Appellant,
v.
State of South Carolina and Mark Keel, in his official capacity as Chief of the South Carolina Law Enforcement Division, Respondents. William W. Wilkins, Jr., of Nexsen Pruet, LLC, of Greenville, James W. Fayssoux, Jr. and Paul S. Landis, both of Fayssoux Law Firm, PA, of Greenville, and Gregory P. Harris, of Harris & Gasser, LLC, of Columbia, for Appellant. Attorney General Alan Wilson, Deputy Attorney General Robert D. Cook and Assistant Deputy Attorney General C. Havird Jones, Jr., all of Columbia, for Respondent. Appellant brought this declaratory judgment action seeking a determination of the effect of the Gambling Cruise Act, S.C. Code Ann. §§ 3-11-100 to -500, on its settlement agreement with the State, which has been codified at S.C. Code Ann. §§ 27-16-10 to -140 and provides in relevant part that Appellant may permit video poker or similar electronic play devices on its Reservation to the same extent that the devices are authorized by state law. At issue is Appellant's contention that the authorization of "cruises to nowhere" allowing video gambling only outside the State's territorial waters enables Appellant to offer video gaming on the Reservation based on the settlement. |
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Thursday, January 23, 2014 | |
Supreme Court Courtroom
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09:30 a.m. | (Time Limits: 15-15-5) |
2012-206187 5 Star, Inc., Petitioner,
v.
Ford Motor Company, Respondent. Thomas R. Goldstein, of Belk Cobb Infinger & Goldstein, PA, of Charleston, for Petitioner. C. Mitchell Brown, William C. Wood, Jr. and Michael J. Anzelmo, all of Nelson Mullins Riley & Scarborough, LLP, and David Christopher Marshall and Carmelo B. Sammataro, both of Turner Padget Graham & Laney, PA, all of Columbia, for Respondent. In this products liability action, the Court issued a writ of certiorari to review the Court of Appeals' decision in 5 Star Inc. v. Ford Motor Co., 395 S.C. 392, 718 S.E.2d 220 (Ct. App. 2011), in which the Court of Appeals found the trial court erred in refusing to direct a verdict in favor of Ford Motor Co |
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10:00 a.m. | (Time Limits: 15-15-5) |
2012-212143 Clint A. Chestnut, Rebatt Frankie Jefford, Mary Lou Nance, Margaret Ramsey, Nicholas Ramsey, Harold Cushman, Julia Edwards, Don Emery, Eula Cooke, and Glenda Rabon Harper, Individually, and as Class Representatives, Appellants,
v.
AVX Corporation, Respondent. Gene McCain Connell, Jr. and Lawrence Sidney Connor, IV, both of Kelaher Connell & Connor, PC, of Surfside Beach, for Appellants. Samuel W. Outten, of Womble Carlyle Sandridge and Rice, LLP, of Greenville, Richard E. Morton, Brad A. DeVore and Todd Billmire, all of Womble Carlyle Sandridge and Rice, LLP, of Charlotte, North Carolina, and Evan Slavitt, of Myrtle Beach, for Respondent. In this appeal, the Court reviews: (1) the circuit court's order dismissing Appellants' claims for nuisance, negligence, and strict liability in their entirety; and (2) the circuit court's refusal to consider evidence presented at a motion for reconsideration hearing, held prior to the circuit court's ruling on Respondent's motion to dismiss and subsequent to the original motion hearing. |
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10:30 a.m. | (Time Limits: 15-15-5) |
2012-212185 Horry Telephone Cooperative, Inc., Appellant,
v.
City of Georgetown, and the South Carolina Secretary of State, Respondents. Dominic A. Starr and Alan G. Jones, both of McAngus, Goudelock & Courie, LLC, of Myrtle Beach, for Appellant. Douglas C. Baxter, of Richardson, Plowden and Robinson, P.A., of Myrtle Beach, and Andrew F. Lindemann, of Davidson and Lindemann, P.A., of Columbia, for Respondents. This case concerns whether the South Carolina Competitive Cable Services Act prevents the denial of a state issued certificate of franchise authority. |