I was admitted to the practice of law in South Carolina on November 18, 1992. Just as watching my children age so rapidly before my eyes amazes me, the realization that I have practiced law for almost 20 years is hard to believe. When I first opened my own practice in 1994 I dreaded being asked how long I had practiced law; who in their right mind would hire someone only two years out of law school to handle an important case? Fortunately, the answer was enough for my practice to survive and eventually thrive. Read the rest of this entry »
2012: Twenty Years as a South Carolina Lawyer
January 12th, 2012
Nursing Home Law Basics: Arbitration Agreements
September 21st, 2011So, you show up to admit your mother or father to a nursing home. You are nervous, sad and stretched thin. The nice people in admissions tell you not to worry. They provide you with much information about the facility and give you an admissions agreement to sign. You are given several other documents to sign: ”Sign here. Okay, sign here. And here.” Just routine documents. What choice did you have if you wanted your loved one in the nursing home close to home? I bet you just signed an arbitration agreement. What’s that? This video provides an introduction.
Proud to be a South Carolina Lawyer
August 1st, 2011The South Carolina Bar kicked off its “Proud to be a South Carolina Lawyer” campaign. I was one of 13 featured.
Due Process Should Run Its Course in Boeing Case
July 15th, 2011Here is a link to my July 10, 2011 article in the Greenville News: Due Process Should Run Its Course in Boeing Case. Not sure link will work without subscription, so here is my basic point:
If Boeing did violate the law, the law should provide a remedy. The remedy being sought by the General Counsel for the NLRB is to return the 1,000 jobs to Washington state. If the charge is proven true, South Carolina would be subsidizing illegal behavior by allowing Boeing to remain.
Is there some middle ground that provides a remedy for the wrong while minimizing the impact on innocent third-parties (such as the workers in North Charleston)? These are questions that should be answered after the due process of law has run its course.
Zimmer All-Metal Hips Next Wave of Products Liability Lawsuits
June 26th, 2011I will soon file a lawsuit for a client who had both hips replaced with metal-on-metal hips manufactured by Zimmer. Since the hip replacements, my client’s pain has been debilitating. She has since incurred over $170,000 in medical expenses for the two surgeries to remove the two Zimmer hips and have them replaced with more conventional hip replacements. Of course, she has lost wages from time away from work.
Apparently, up to 500,000 patients have had hip replacement with all-metal hips. (There are also similar problems with the DePuy all-metal hips.) The New York Times just ran an article (6/26/11) in its Sunday Business section entitled In Medicine, New Isn’t Always Improved. The article is informative as to how a relatively untested health care product became accepted in the medical community and then caused lots of harm to patients. The article surmises that “that lawsuits against it and other makers of all-metal hips may emerge as the largest product liability cases of this decade.”
Good News For South Carolina Families Confronting Foreclosure
May 5th, 2011April showers bring May flowers…and orders from the South Carolina Supreme Court regarding mortgage foreclosures. For those facing foreclosure or with such a fate looming, there may be good news in this recent order. First, it may help folks to stay in their home longer while foreclosure is pending. However, better yet, the process required in the new order may allow individuals to negotiate a loan modification that allows them to keep their homes while having a more affordable monthly payment. Read the rest of this entry »
Thou Shalt Pay Me What You Owe Me: The S.C. Wage Payment Act
March 25th, 2011It seems like common sense that employers should pay their employees what they promise them. Well, common sense does not always prevail, and especially in hard economic times, employers break their promises. And, more and more, I am seeing people who earned a bonus or a commission simply not getting paid. So, what you do you? I just tried a wage payment case to a federal jury that drove home some basic lessons that I think you should know. Read the rest of this entry »
Spartanburg Kiddie Train Tragedy: More Questions than Answers
March 22nd, 2011UPDATE 3/24/11–Well, less than a week out and the first lawsuit has been filed. And it appears to be on behalf of someone who was clearly injured, but lucky compared to many of the injured. But, it is their right to seek a prompt remedy for their injuries–including medical bills. And it may not be so prompt in the end. ”Justice delayed” is certainly one flaw of our civil and criminal justice systems.
I have also done some additional legal research on the caps issue (see below). And there is a pretty good argument for circumventing the $600,000 aggregate cap by alleging multiple acts of negligence. The $600,000 cap applies to any single occurrence, no matter how many are injured; however, single “occurrence” which is defined as ““an unfolding sequence of events which proximately flow from a single act of negligence.” See S.C. Code § 15-78-30(g); see also Chastain v. AnMed Health Found., 388 S.C. 170, 173, 694 S.E.2d 541, 543 (2010). It seems that the failure of LLR to inspect and the admission of the conductor that he was going too fast are two separate and distinct acts of negligence. The counter argument: “Well yes, but the events unfold into a single (and indivisible) harm.” A court will decide.
This issue will be at the front and center of this case. But, with the possibility of a multiplier for the $600,000 gives hope that those who suffered harm will receive full and complete relief. Personal responsibility should not be capped and neither should government’s responsibility. Read the rest of this entry »
Oh No You Didn’t: Supreme Court Extends Title VII Protection Against Retaliation
March 14th, 2011Let’s say you work for the same employer as your fiancé/fiancée–and she/he complains of sex discrimination. Can your employer retaliate against you because of his/her complaint? Believe it or not, this was an open question until January 24, 2011, when the United States Supreme Court delivered its answer in the case of Thompson v. North American Stainless, L.P. The answer was an emphatic and unanimous–NO! Read the rest of this entry »
100 of the Best Resources on Aging
February 1st, 2011A visitor to my website brought 100 of the Best Aging Resources to my attention and I wanted to bring it to yours. For those looking for statistics and information on aging, resources for caregivers and information about Alzheimer’s, I highly recommend that you check it out.
