4701 Oleander Drive, Suite A
Myrtle Beach, SC 29577
Monthly Archives: July 2023
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Do You Have to Continue Paying Alimony After Retirement?
Do you have to continue paying alimony after retirement? You might – retirement alone is not enough to modify your alimony order, but the family court can modify alimony based on a change in circumstances or a change in the financial ability of the spouse…
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New Bond Laws in 2024: Bond Revocation when Rearrested for a Violent Crime
New SC criminal laws in 2024 include both 1) amendments to SC’s ignition interlock device program and 2) changes to South Carolina’s bond laws that will make it more difficult to bond out if a person is rearrested for a violent crime or a felony…
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Pre-Existing Conditions in Workers’ Compensation Cases in South Carolina
Pre-existing conditions do not prevent you from recovering workers’ compensation benefits in South Carolina. The analysis may be a bit different than when we are talking about pre-existing injuries in the context of an auto accident or other personal injury case, though. In a workers’…
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The “Eggshell Plaintiff:” Pre-Existing Injuries Do Not Prevent You from Recovering Damages After an Auto Accident
Under the “eggshell plaintiff rule,” pre-existing injuries do not prevent you from recovering damages after an auto accident or any other type of injury in South Carolina. That won’t stop insurance companies from telling you that your recovery must be significantly reduced or that your…
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When is a Change in Circumstances Enough for Custody Modification in SC?
In Fossett v. Fossett, decided yesterday, the SC Court of Appeals reviews when a change in circumstances is sufficient for a custody modification, finding that 1) the child’s custodial preference, in this case, was counterbalanced by the father’s manipulative behavior towards the child and 2)…
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Washington v. State: Kidnapping, Armed Robbery Conviction Reversed for Improper Closing Argument by Prosecutor
In Washington v. State, the SC Court of Appeals reversed convictions for kidnapping, armed robbery, and possession of a weapon during the commission of a violent crime based on the prosecutor's improper closing argument. “Who among us is safe?” When a prosecutor is permitted to…
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When the Insurance Company Lies: Collateral Estoppel and SC Workers’ Compensation Law
When the insurance company lies and denies workers’ compensation coverage, sometimes the legal doctrine of collateral estoppel can be used to “keep them honest” and force them to pay. When an insurance company says to a business, “You have coverage,” and the business relies on…
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What is the Ignition Interlock Device Program in SC?
What is the ignition interlock device (IID) program in SC, and when are you required to install a breathalyzer device on your vehicle? Beginning in May of 2024, a new law will make these devices mandatory for people who are convicted of any DUI or…
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Do You Have to Leave the House When You File for Divorce?
If you file for divorce, do you have to leave the house? Does your spouse need to leave the house? Odds are, one of you will need to find somewhere else to live, but what are the rules? If your spouse refuses to go, can…
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An Employer Can Be Sued for Negligent Selection of an Independent Contractor in South Carolina
In Ruh v. Metal Recycling Services, LLC, the SC Supreme Court held, in a matter of first impression, that an employer (referred to as the “principal” to avoid confusion) can be liable for negligent selection of an independent contractor. Below, we will take a look…
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