Advocate's Journal
Legal Malpractice Claims Cannot Be Assigned Between Adversaries in Litigation
The South Carolina Supreme Court certified the following question from the United States District Court: “Can a legal malpractice claim be assigned between adversaries in litigation in which the alleged legal malpractice arose?” The Court answered the question in the negative, following the majority of other jurisdictions that have addressed the issue and finding that […]
ELECT Blog Archives • Firm News
Do We Live in a Healthy Democracy?
Recently, the Center for American Progress Action Fund (“Center”) issued a report entitled, The Health of State Democracies.[1] The Center essentially is a think tank that has policy teams in major issues areas and issues reports on these various topics to attempt to shape the debate.[2] The report “aims to take a broader approach to […]
ELECT Blog Archives
Florida Supreme Court: Redistricting Map Violates Florida Constitution
In League of Women Voters v. Detzner, No. SC14-1905, 2015 WL 4130852 (Fla. July 9, 2015), plaintiffs challenged the Florida legislature’s 2012 congressional redistricting plan, alleging that it violated the Florida Constitution. Specifically, in 2010, the Florida Constitution was amended by the Fair Districts Amendment (“FDA”), which prohibited the Florida legislature from drawing a redistricting […]
ELECT Blog Archives
Redistricting 101: Suing the Correct Parties – Eleventh Amendment
A key issue in a redistricting case is whether the plaintiff has sued the correct parties. This was an issue in a recent Fourth Circuit case, Wright v. North Carolina, 787 F.3d 256 (4th Cir. 2015). In Wright, plaintiffs, a group of thirteen North Carolina residents, brought a section 1983 action against the state and […]
ELECT Blog Archives
United States Supreme Court: Independent Commissions Can Draw Electoral District Lines
In 2000, Arizona voters adopted an initiative that amended the Arizona Constitution, removing redistricting authority from the state legislature and vesting that authority in an independent commission. The Arizona legislature sued the commission seeking a declaration that the commission and its congressional districting map violated the Election Clause of the United States Constitution. According to […]
Firm News
Sowell Gray Supports Efforts to Remove Confederate Flag
Sowell Gray Stepp & Laffitte, LLC joins with South Carolina’s Governor and the state’s many political, business, educational, and community leaders in the call to take down the Confederate flag as swiftly as possible. Given the tragic events in Charleston two weeks ago, this is a time for unity for all South Carolinians and an […]
Firm News
No Legal Malpractice Claim Following Settlement to Which Client Agreed
By Will Jordan Attorney represented Client in a workers’ compensation claim. Following settlement of the workers’ comp claim, Client filed a legal malpractice action against Attorney, alleging that Attorney gave incorrect legal advice that lead to the compromise and release and, but for the incorrect legal advice, Client would not have agreed to the settlement […]
Advocate's Journal
Freedom of Information Act requires Government Bodies to Announce with specificity why it is going into Executive Session
The South Carolina Supreme Court affirmed a trial court decision that upheld the validity of an ordinance of the City of North Augusta, but the court reversed the trial court order by holding that the City of North Augusta violated the Freedom of Information Act. Plaintiff sued the City of North Augusta, Mayor, and City […]
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 […]
Firm News
No Legal Malpractice for Advice that is in Accord with the Weight of Applicable Law
By Will Jordan During the course of litigation pending in federal district court in Florida, Client sought and obtained advice from Lawyer about Client’s contractual exposure to the opposing party’s attorney’s fees under Florida law. Lawyer advised Client that Client did not face a significant risk of exposure to attorney’s fees. Ultimately, the U.S Court […]