Court holds plaintiffs must prove three types of commonality Liability of a successor entity under South Carolina’s “mere continuation” rule continues to require commonality of ownership. However, the door may have been opened for successor liability in the absence of commonality of in the future. In Nationwide Mutual Insurance Company v. Eagle Window & Door,… Continue Reading
Top Five Form Fines from the S.C. Workers’ Comp Commission
Ashley R. Kirkham provides information for claims professionals and employers in order to help prevent fines from the South Carolina Workers’ Compensation Commission. 12A First Report of Injury. $200 initial fine, $5 per day for each additional day the form is not submitted. When a Notice of Claim (either by a Form 50 or letter… Continue Reading
South Carolina changes Workers’ Compensation Venue Law
Venue is now tied to hearing district, not county where injury occurred South Carolina lawmakers have changed the process for handling workers compensation hearings. Governor Henry McMaster signed H. 5153 into law in May. It amends section 42-17-20, which now reads: The hearing shall be held in the district in which the injury occurred, but… Continue Reading
South Carolina Supreme Court Rules on Automobile Insurance Policy Question
South Carolina law does not require punitive damages be apportioned pro rata between bodily injury and property damage in a split limits automobile insurance policy. In Government Employees Insurance Company v. Poole, 2018 WL 3300235, (S.C., 2018), the South Carolina Supreme Court answered “No” to the following question certified to it by the United States… Continue Reading
Workers’ Compensation: Filing Fee Increase Takes Effect in South Carolina
The South Carolina Workers’ Compensation Commission has increased its filing fee. As of August 1, 2018, it is increased from $25.00 to $50.00. This fee is required when filing a request for a hearing, motion, or settlement documents. The purpose behind the increase is to fund the Commission’s IT Legacy Modernization Program. This program is… Continue Reading
Witness Credibility: The Jury’s Deciding Factor?
The Fourth Circuit Court of Appeals recently issued an unpublished opinion that highlights the tremendous impact the credibility of witness testimony can have on the outcome of a jury trial. In Paulette A. Myers v. Dollar General Corporation, Case No. 17-1785, Dollar General appealed the district court’s denial of its motion for judgment as a… Continue Reading
A Recent Administrative Law Court’s Order Could Jeopardize Late-Night Establishments
An attempt to clean up a college town could have a rippling effect far beyond “Famously Hot” Columbia and crash waves that will be felt among the bar and club communities across the Palmetto State. On April 3, 2018, an Administrative Law Judge (“ALJ”) found that an LLC operating a bar in the Five Points… Continue Reading
South Carolina Opinion: Insurer May Maintain Direct Legal Malpractice Action Against Counsel Hired to Represent Insured
The South Carolina Supreme Court issued its opinion today in Sentry Select Insurance Co. v. Maybank Law Firm, LLC, No. 2016-001351, Slip Opinion No. 27806 (click on the citation to be redirected to the full opinion). Justice John Cannon Few issued the opinion for the majority. General Summary The case involves an insurance carrier (“Insurer”)… Continue Reading
Post Las Vegas: The New Reality for Hotels When It Comes To Guest Privacy
It has been written an innumerable amount of times: 9/11 changed the course of our history and forever affected just about every business and activity in this country. Travel, particularly air travel, is measurably different than what it was prior to that fateful day in New York, Washington, D.C., and Shanksville. Think back to getting… Continue Reading
SC Supreme Court Addresses Affidavit Requirement for Medical Malpractice Case
On February 28, 2018, the South Carolina Supreme Court issued its opinion in Eades v. Palmetto Cardiovascular and Thoracics, P.A., et al, Opinion No. 27770. In the opinion, the Court addresses whether an affidavit filed with a Notice of Intent to File Suit (“NOI”) in a medical malpractice case satisfied the statutory requirements of South… Continue Reading
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