Archive for the ‘Advocate’s Journal’ Category
Advocate's Journal
Orders Affecting a Substantial Right Are Immediately Appealable
The South Carolina Supreme Court reversed a decision of the court of appeals, which dismissed as interlocutory an appeal that severed a number of defendants from a lawsuit under the label of bifurcation. Plaintiffs sued a nursing home for negligence, and also sued the nursing home’s parent/corporate companies alleging that the parent companies were vicariously […]
Advocate's Journal
Nick Haigler completes Go Ruck Light
Nick Haigler and his F3 Columbia brothers and FiA Midlands sisters completed a Go Ruck Light this past Friday. Led by a former Army Ranger and Navy Seal, they completed obstacles and carried weighted backpacks for 12 hours. Go Nick!
Advocate's Journal
Honoring Law Day
Today is Law Day! This is a day to honor the important role of the law and courts in our society. This year the American Bar Association is honoring the 800th anniversary of the sealing of Magna Carta, which guaranteed that no one was above the law. Today we at Sowell Gray celebrate the rights and principles […]
Advocate's Journal
Bar President Cal Watson: Celebrating Law Day
Dear Bar Members: This Friday, May 1, is Law Day. In 1958, President Dwight Eisenhower established Law Day to mark our nation’s commitment to the rule of law, a principle that sets us apart from many other countries around the world. Its designation underscores how law and the legal process have contributed to the freedoms […]
Advocate's Journal
Supreme Court Alters Redistricting Landscape
By Roland Franklin and Rob Tyson A recent United States Supreme Court decision significantly impacts redistricting litigation. In Alabama Legislative Black Caucus v. Alabama, No. 13-895 (slip op.) (Mar. 25, 2015), the Alabama Legislative Black Caucus (“Caucus”) and the Alabama Democratic Conference (“Conference”) challenged the lawfulness of Alabama’s 2012 redistricting plans. According to the Caucus […]
Advocate's Journal
Young v. UPS: The Supreme Court’s Clarification of the Pregnancy Discrimination Act
By Will Jordan The Pregnancy Discrimination Act of 1978 provides that Title VII’s prohibition against sex discrimination applies to discrimination “because of or on the basis of pregnancy, childbirth, or related medical conditions.” The Act requires employers to treat women affected by pregnancy the same for employment purposes “as other persons not so affected but […]
Advocate's Journal
Effective Employment Practices: 5 Steps Employers Can Take to Avoid Liability
By Will Jordan Employers are faced with a confusing web of federal and state employment laws with which they must comply in order to avoid liability to job applicants and employees. And while it’s impossible for an employer to ensure that it will never face an employment-related lawsuit, there are some steps employers can take […]
Advocate's Journal
Significant Sovereign Immunity Questions Now Answered
By Beth Richardson In a 37-page unanimous opinion, the Fourth Circuit recently answered important questions regarding sovereign immunity in the case of Hutto et al. v. South Carolina Retirement System et al., 773 F.3d 536 (2014). In Hutto, retirees of the state retirement system who returned to work for employers participating in the retirement system […]
Advocate's Journal
Compensation for Injuries Sustained for Unexplained Falls Arising in the Course and Scope of Employment
By Gibbs Leaphart The South Carolina Supreme Court reversed two Court of Appeals decisions last week in workers’ compensation. In addressing two similar cases involving level floor falls, the Court apparently sought to clarify the analysis of idiopathic and unexplained falls in workers’ compensation law with what it believed to be shifting the burden to the […]
Advocate's Journal
Hill: It Takes a Village to Raise a Lawyer
As attorneys, we all work hard to give the impression that we are in control and can handle whatever the other side or the court may throw at us. We try to give our clients the idea that we have all the answers. Yet, we cannot do it alone. We need a village to succeed. […]