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March 2010 |
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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, March 2, 2010 | |
09:30 a.m. | |
4913 Patricia O'Neill and Michael O'Neill, Plaintiffs, v. Ormega Smith and Yolanda Adams, Defendants. John S. Nichols, of Bluestein, Nichols, Thompson & Delgado, of Columbia, for Plaintiffs. Robert A. McKenzie and Damon C. Wlodarczyk, both of McDonald, McKenzie, Rubin, Miller & Lybrand, of Columbia, for State Farm Mutual Automobile Insurance Company, (the Plaintiffs' Underinsured Motorist Carrier). William Pearce Davis, of Baker, Ravenel & Bender, L.L.P., of Columbia, for Defendants. In this diversity action seeking compensatory and punitive damages arising out of an automobile wreck, the United States District Court for the District of South Carolina has presented a certified question regarding whether it would violate South Carolina public policy for the plaintiffs to seek punitive damages after signing a covenant not to execute against the personal assets of the defendants. The plaintiffs’ underinsured motorist carrier, which has appeared to defend the action, contends allowing the plaintiffs to seek punitive damages would violate public policy because the defendants would not be personally liable for the amount of any award; thus, the goals of punishment and deterrence would not be served by an award of punitive damages in this instance.
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10:00 a.m. | |
4914 Jamia Hoard, a minor under the age of fourteen years, by Karen Elizabeth Hoard, her Mother, Respondent, v. Roper Hospital Inc., Carolina Care Alliance, Karen Johnson, Robert H. Smith, M. D., Marshall Goldstein, M. D. and John Doe and Mary Roe, representing one or more unknown parties, Defendants, of whom Robert H. Smith, M. D., is the Petitioner.
Karen Elizabeth Hoard and William Dwight, Respondents, v. Roper Hospital Inc., Carolina Care Alliance, Karen Johnson, Robert H. Smith, M. D., Marshall Goldstein, M. D. and John Doe and Mary Roe, representing one or more unknown parties, Defendants, of whom Robert H. Smith, M. D., is the Petitioner. Andrew F. Lindemann, of Davidson & Lindemann, of Columbia, M. Dawes Cooke, Jr., and John A. Jones, both of Barnwell Whaley Patterson & Helms, LLC, of Charleston, for Petitioner. Coming B. Gibbs, Jr., of Gibbs & Holmes, of Charleston, and Cameron Lee Marshall, of Charleston, for Respondents. This court granted a writ of certiorari to review the decision of the Court of Appeals in reversing the grant of summary judgment to a physician in a medical malpractice action.
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10:30 a.m. | |
4915 In the Matter of Kenneth Hanson, Respondent. Disciplinary Counsel Lesley M. Coggiola and Assistant Disciplinary Counsel William C. Campbell, both of Columbia, for Office of Disciplinary Counsel. Susan Batten Lipscomb, of Lipscomb Law Firm, of Columbia, for Respondent. This is an attorney discipline matter.
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02:30 p.m. | |
1 Frances P. Segars-Andrews, Petitioner, v. Judicial Merit Selection Commission, The State of South Carolina, The Honorable Andre Bauer, in his official Capacity as President of the South Carolina Senate, and The Honorable Glenn F. McConnell, in his official capacity as President Pro Tempore of the South Carolina Senate, and The Honorable Robert W. Harrell, Jr., in his official capacity as Speaker of the South Carolina House of Representatives, Respondents. Morris D. Rosen, of Rosen, Rosen & Hagood, of Charleston, Alexander M. Sanders, of Charleston, Armand Derfner, D. Peters Wilborn, Jr., Jonathan S. Altman and Samuel Altman, all of Derfner, Altman & Wilborn, of Charleston, for Petitioner. Attorney General Henry D. McMaster and Assistant Deputy Attorney General J. Emory Smith, Jr., both of Columbia, for Respondent State of South Carolina. Bradley S. Wright, Charles F. Reid and Patrick D. Dennis, all of Columbia, for Respondents Judicial Merit Selection Commission and Robert W. Harrell, Jr., in his official capacity as Speaker of the South Carolina House of Representatives. Michael R. Hitchcock, John P. Hazzard, V., and Kenneth M. Moffitt, all of Columbia, for Respondents Judicial Merit Selection Commission and Glenn F. McConnell, in his official capacity as President Pro Tempore of the South Carolina Senate. Joseph H. McGee and B. Allston Moore, Jr., both of Buist, Moore, Smythe & McGee, of Charleston, for Amicus Curiae Charleston County Bar Association. Constance A. Anastopoulo, of Charleston, for Amicus Curiae League of Women Voters. Ruth F. Buck, of Mt. Pleasant, Pro Se Amicus Curiae. Pamela E. Deal, of Deal & Deal, of Clemson, for Amicus Curiae South Carolina Chapter of American Academy of Matrimonial Lawyers.
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Wednesday, March 3, 2010 | |
09:30 a.m. | |
4916 Charles Ward and Robby Hodge, d/b/a R&B Amusements, Petitioners, v. West Oil Company, Inc., d/b/a Markette Stores, Respondent. Charles E. Carpenter, Jr., and Carmen V. Ganjehsani, both of Carpenter Appeals and Trial Support, of Columbia, and D. Kenneth Baker, of Darlington, for Petitioners. Martin S. Driggers, Jr., and William R. Calhoun, Jr., both of Sweeny Wingate & Barrow, of Columbia, for Respondent. In this contract case involving "pull-tab" game machines, this Court granted a petition for a writ of certiorari to review the Court of Appeals' decision in Ward v. West Oil Co., Inc., 379 S.C. 225, 665 S.E.2d 618 (Ct. App. 2008).
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10:00 a.m. | |
4917 The State, Respondent, v. James Franklin Clemmons, Jr., Appellant. Capers G. Barr, III, of Barr, Unger & McIntosh, of Charleston, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Senior Assistant Attorney General Harold M. Coombs, Jr., all of Columbia, and Solicitor Scarlett Anne Wilson, of Charleston, for Respondent. The issue in this direct appeal is whether it is a violation under the 1995 version of S.C. Code Ann. § 40-5-310 for a non-lawyer to draft a will or trust agreement.
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10:30 a.m. | |
4918 Willie L. Jones, Personal Representative of the Estate of Chad Jones, Petitioner, v. Leon Lott, Linn Pitts, Gilbert Gallegos and Clark Frady, Individually and in their official capacities with the Richland County Sheriff's Department, Respondents. Hemphill P. Pride, II, of Columbia, for Petitioner. William H. Davidson, II, Andrew F. Lindemann and Robert D. Garfield, all of Davidson & Lindemann, of Columbia, for Respondents. In this case, the Court granted Willie L. Jones' request for a writ of certiorari to review the Court of Appeals’ decision in Jones v. Lott, 379 S.C. 285, 665 S.E.2d 642 (Ct. App. 2008) affirming the trial court's grant of a directed verdict in favor of Leon Lott.
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Thursday, March 4, 2010 | |
09:30 a.m. | |
4919 The State, Respondent, v. Norman Starnes, Appellant. Senior Appellate Defender Joseph L. Savitz, III, and Appellate Defender Elizabeth Franklin-Best, both of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, Senior Assistant Attorney General S. Creighton Waters, all of Columbia, and Solicitor Harold W. Gowdy, III, of Spartanburg, for Respondent. This is a direct appeal from a death penalty case.
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10:00 a.m. | |
4920 Friends of the Earth, Appellant, v. The Public Service Commission of South Carolina, South Carolina Electric & Gas, and Office of Regulatory Staff, of whom South Carolina Electric & Gas, and Office of Regulatory Staff are Respondents. In Re: Combined Application of South Carolina Electric & Gas Company for a Certificate of Environmental Compatibility and Public Convenience and Necessity and for a Base Load Review Order for the Construction and Operation of a Nuclear Facility in Jenkinsville, South Carolina. Robert Guild, of Columbia, for Appellant. K. Chad Burgess and Catherine D. Taylor, both of South Carolina Electric and Gas, of Cayce, James B. Richardson, Jr, of Columbia, Mitchell Willoughby and Tracey Green, both of Willoughby & Hoefer, of Columbia, Belton T. Zeigler and Lee E. Dixon, both of Pope Zeigler, of Columbia,, all for Respondent South Carolina Electric & Gas. Florence P. Belser, Nanette S. Edwards and Shannon Bowyer Hudson, all of Office of Regulatory Staff, of Columbia, for Respondent Office of Regulatory Staff. This is an appeal from the order of approval issued by the Public Service Commission of the combined application of SCE&G to construct and operate an additional two-unit nuclear facility, as well as revise its rates to reflect its cost of capital applied.
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10:30 a.m. | |
4921 In the Matter of Roger Paul Roy, Respondent. Disciplinary Counsel Lesley M. Coggiola and Assistant Disciplinary Counsel William C. Campbell, both of Columbia, for Office of Disciplinary Counsel. Desa Ballard and Harvey L. Watson, III, both of West Columbia, for Respondent. This is an attorney disciplinary matter.
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Tuesday, March 16, 2010 | |
09:30 a.m. | |
4922 Blair Mathis, Respondent, v. Brown & Brown of South Carolina, Inc., Appellant. Jeffrey A. Lehrer, and S. Clay Keim, both of Ford & Harrison, of Spartanburg, for Appellant. Robert M. Barrett, of Spartanburg, for Respondent. Nikole Setzler Mergo, of Nexsen Pruet, LLC, of Columbia, for Amicus Curiae South Carolina Hospital Association. John Green Creech, of Ogletree Deakins Nash Smoak & Steward, of Greenville, for Amicus Curiae South Carolina Chamber of Commerce. This is an appeal from a trial court’s order awarding damages based on claims for breach of contract and violation of the Payment of Wages Act.
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10:00 a.m. | |
4923 Media General Communications, Inc., and Media General Broadcasting of South Carolina Holdings, Inc., Respondents, v. South Carolina Department of Revenue, Appellant. Media General, Inc., Respondent, v. South Carolina Department of Revenue, Appellant. Managing Counsel for Litigation Lynn M. Baker and Chief Counsel for Litigation Ronald W. Urban, both of South Carolina Department of Revenue, of Columbia, for Appellant. Burnet R. Maybank, III, of Nexsen Pruet, LLC, of Columbia, for Respondents. Appellant, the South Carolina Department of Revenue, argues the Administrative Law Court erred in construing S.C. Code Ann. § 12-6-2320(A)(4) as allowing the multi-state, corporate taxpayers named herein to use the combined entity method in apportioning their South Carolina corporate income tax liability.
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10:30 a.m. | |
4924 Mary Robyn Priester, Individually and as Natural Mother/Next of Kin, and Personal Representative of the Estate of James Lloyd Priester, Appellant, v. Preston Williams Cromer, Stage Light Management, d/b/a Showgirls(z); and Lloyd Brown, individually and doing business as Showgirls(z), and Nikki D's Inc., and Ford Motor Co., Defendants, Of Whom Ford Motor Co. is the Respondent. Darrell T. Johnson, Jr, of Hardeeville, and James B. Richardson, Jr, of Columbia, for Appellant. Curtis L. Ott and Carmelo B. Sammataro, both of Turner, Padget, Graham & Laney, of Columbia, and Robert W. Powell, of Dickson Wright, PLLC, of Detroit, MI, for Respondent. William C. Wood, Jr, of Nelson, Mullins Riley & Scarborough, of Columbia, for Amicus Curiae Product Liability Advisory Council. In this case, the trial court granted summary judgment against Appellant, finding the products liability claim against Respondent Ford was preempted by a Federal Motor Vehicle Safety Standard 205.
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Wednesday, March 17, 2010 | |
09:30 a.m. | |
4925 The State, Petitioner, v. Ricky Brannon, Respondent. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General Michelle Parsons Kelley, all of Columbia, and Solicitor Harold W. Gowdy, III, of Spartanburg, for Petitioner. Chief Appellate Defender Robert M. Dudek, of South Carolina Commission on Indigent Defense, of Columbia, for Respondent. This Court granted certiorari to review the decision of the Court of Appeals in State v. Brannon, 379 S.C. 487, 666 S.E.2d 272 (Ct. App. 2008), where the Court of Appeals held the circuit court erred in denying Brannon's motion for a directed verdict on the charge of resisting arrest.
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10:00 a.m. | |
4926 Martha Lewin Argoe, Appellant, v. Three Rivers Behavioral Center and Psychiatric Solutions, its successor; Phyllis Bryant-Mobley, MD; Glenn Hooker, MD; Aiken Regional Medical Center, Aurora Pavilion; David A. Steiner, MD; Cheryl C. Dodds, MD; Doris Ann Burrell, RN; Carolina Care Plan; James F. Walsh, Jr.; G. Lewis Argoe, Jr.; and George L. Argoe, III, Defendants, Of Whom James F. Walsh, Jr. is the Respondent. Mitchell C. Payne, of Warner Payne & Black, of Rock Hill, for Appellant. M. Dawes Cooke, K. Michael Barfield, and John W. Fletcher, all of Barnwell Whaley Patterson & Helms, LLC, of Charleston, for Respondent. In this case, Martha Lewin Argoe appeals the trial court's order granting summary judgment to James F. Walsh, Jr., an attorney who represented Argoe’s former husband and son.
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10:30 a.m. | |
4908 Angle Joe Perrie Vasquez, a/k/a/ Angle Joe Perrie Vazquez, Petitioner, v. State of South Carolina, Respondent. Senior Appellate Defender Joseph L. Savitz, III, and Appellate Defender Elizabeth A. Franklin-Best, both of South Carolina Commission on Indigent Defense, of Columbia, for Petitioner. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh and Assistant Deputy Attorney General Donald J. Zelenka, all of Columbia, for Respondent. In this post-conviction relief case, this Court granted Vasquez’s petition for a writ of certiorari to review the PCR judge's denial of his request for relief from his convictions and capital sentence.
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Cases to be Submitted Without Oral Argument | |
Samuel Anthony Wilder, Petitioner, v. State of South Carolina, Respondent. |
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Appellate Defender Robert M. Pachak, of South Carolina Commission on Indigent Defense, of Columbia, for Petitioner. Attorney Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Attorney General Salley W. Elliott, Assistant Attorney General Mark R. Farthing, all of Columbia, and Solicitor Scarlett Anne Wilson, of Charleston, for Respondent. |
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Adrian D. Robinson, Petitioner, v. State of South Carolina, Respondent. |
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Appellate Defender M. Celia Robinson, of South Carolina Commission on Indigent Defense, of Columbia, for Petitioner. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General Ashley A. McMahan, all of Columbia, for Respondent. |