Supreme Court of South Carolina
Live event will begin Wednesday, December 12, 2018 at 9:30 AM
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The summary below each case is prepared to offer lawyers and the public a general overview of what issues are included in a case which will be argued. The summary is not a limit on what issues a party to a case may present at oral argument.
Wednesday, December 12, 2018
09:30 a.m. 2017-002538 Wilmot Shaw, Plaintiff, v. Psychemedics Corporation, Defendant.
Donald Gist and Aaron Wallace, both of Gist Law Firm, PA, of Columbia, for Plaintiff. S. Michael Nail and Matthew K. Johnson, both of Ogletree, Deakins, Nash, Smoak & Stewart, of Greenville; and Michael Clarkson, of Ogletree, Deakins, Nash, Smoak & Stewart, pro hac vice of Boston, MA, for Defendant.
The United States District Court for the District of South Carolina asks this Court to determine, under South Carolina law, whether a drug testing laboratory that has a contract with an employer to conduct and evaluate drug tests owe a duty of care to the employees who are subject to the testing so as to give rise to a cause of action for negligence for failure to properly and accurately perform the test and report the results.
10:00 a.m. 2015-002031 State of South Carolina, Respondent, v. Conrad Lamont Slocumb, Petitioner.
Tara Dawn Shurling, of Columbia, for Petitioner. Attorney General Alan Wilson and Assistant Attorney General Mark R. Farthing, both of Columbia, for Respondent. John H. Blume, of Ithaca, NY; and Lindsey S. Vann, of Columbia, amici curiae Justice 360 and Cornell Juvenile Justice Project. Joseph M. McCulloch, Jr., of Law Offices of Joseph M. McCulloch, Jr., of Columbia; and Seth P. Waxman and Zoe Jones both of WilmerHale, of Washington, DC, for amici curiae the South Carolina State Conference of the NAACP. Robert M. Dudek, Susan B. Hackett and Laura R. Baer, all of S.C. Commission on Indigent Defense, Division of Appellate Defense, of Columbia, for amicus curiae South Carolina Division of Appellate Defense; and Aidan Synnott, Alexandra V. B. Gordon, Anne O'Toole and Agbeko C. Petty, all of Paul, Weiss, Rifkind, Wharton & Garrison, LLP, of New York, NY, for amicus curiae South Carolina Public Defender Association and South Carolina Criminal Association of Criminal Defense Lawyers.
The Court considers whether an aggregate 130-year sentence imposed upon Petitioner for offenses committed while he was a juvenile violate the Eighth or Fourteenth Amendments to the United States Constitution.
10:30 a.m. 2018-000617 State of South Carolina, Petitioner, v. Kadelle Childers, Respondent.
Attorney General Alan Wilson, Deputy Attorney General Donald J. Zelenka, Senior Assistant Deputy Attorney General J. Benjamin Aplin, Solicitor General Robert D. Cook and Deputy Solicitor General J. Emory Smith, Jr., all of Columbia, for Petitioner. Public Defender Ashley Pennington and Assistant Public Defender Benjamin A. Mack, both of Charleston, for Respondent.
In its original jurisdiction, the Court decides whether a circuit court has the authority to conduct post-indictment preliminary hearings in criminal matters.
Thursday, December 13, 2018
09:30 a.m. 2016-001351 Sentry Select Insurance Company, Plaintiff, v. Maybank Law Firm, LLC, and Roy P. Maybank, Defendants.
Daryl G. Hawkins, of Law Office of Daryl G. Hawkins, LLC, of Columbia, for Plaintiff. David W. Overstreet, Michael B. McCall and Steven R. Kropski, all of Earhart Overstreet, LLC, of Charleston, for Defendants.
The Court answers two certified questions from the U.S. District Court concerning legal malpractice claims.
10:00 a.m. 2016-000864 Randall M. Green and Ann Green, Respondents-Petitioners, v. Wayne B. Bauerle, M.D. and Wayne B. Bauerle, M.D., P.C., Petitioners-Respondents.
Andrew F. Lindemann, of Davidson & Lindemann, P.A., of Columbia; and John B. McCutcheon, Jr., and Lisa A. Thomas, both of Thompson & Henry, P.A., of Conway, all for Petitioners-Respondents. O. Grady Query and Elizabeth Brooke Hurt, both of Query Sautter Forsythe, L.L.C, of Charleston; and L. Morgan Martin, of the Law Offices of L. Morgan Martin, P.A., of Conway; and Cristin A. Uricchio, of the Uricchio Law Firm, of Charleston, all for Respondents-Petitioners.
Randall and Ann Green filed an action against Wayne B. Bauerle, M.D. and Wayne B. Bauerle, M.D., P.C. (collectively, Bauerle) and other defendants for medical malpractice and loss of consortium. The Greens settled or dismissed their claims against other defendants, and the circuit court partially granted Bauerle's motion for setoff based on those settlements. The court of appeals affirmed. Green v. Bauerle, Op. No. 2016-UP-052 (S.C. Ct. App. filed Feb. 3, 2016). We granted cross-petitions for writs of certiorari to review the court of appeals' decision.
10:30 a.m. 2016-001512 Richard Wilson, Michael J. Antoniak, Jr., Marsha L. Antoniak, Anita L. Belton, Prescott Darren Bosler, Johnny Calhoun, Sallie Calhoun, Cynthia Gary, Robert Wayne Gary, Eugene P. Lawton, Jr., Jeanette Norman, James Robert Shirley, Robert W. Spires, Crystal Spires Wiley, Lewis S. Williams, Janie Wiltshire, Benjamin Franklin Wofford, Jr., and Rebecca Hammond Wofford, Petitioners, v. Laura B. Willis and Jesse A. Dantice, individually and as agents and/or brokers for Southern Risk Insurance Services LLC, Travelers Casualty Insurance Company of America, Allied Property and Casualty Insurance Company, Peerless Insurance Company, Montgomery Mutual Insurance Company, Safeco Insurance Company of America, and Foremost Insurance Company, Southern Risk Insurance Services, LLC, Travelers Casualty Insurance Company of America, Allied Property and Casualty Insurance Company, Peerless Insurance Company, Montgomery Mutual Insurance Company, Safeco Insurance Company of America, Foremost Insurance Company, and Laurie Williams, Defendants, Of Whom Peerless Insurance Company, Montgomery Mutual Insurance Company, and Safeco Insurance Company of America are the Respondents, and Of Whom Laurie Williams is Petitioner.
Thomas Hite and Anne Marie Hempy, both of Hite & Stone, Attorneys at Law, of Abbeville, Jane H. Merrill, of Hawthorne Merrill Law, LLC, of Greenwood and Leslie A. Bailey, Public Justice, of Oakland, California, for Petitioners. C. Mitchell Brown, William C. Wood, Jr. and A. Mattison Bogan, all of Nelson Mullins Riley & Scarborough, LLP, of Columbia and Robert C. Calamari, of Nelson Mullins Riley & Scarborough, LLP, of Myrtle Beach, for Respondents.
In a matter consisting of consolidated appeals from fourteen lawsuits involving several insurers, individual insureds and agents, and an insurance agency, the Court of Appeals ordered the parties into arbitration based on an arbitration clause contained in an agency contract that was entered into only by certain insurers and an insurance agency. This Court granted petitions for a writ of certiorari to review the decision of the Court of Appeals in Wilson v. Willis, 416 S.C. 295, 786 S.E.2d 571 (Ct. App. 2016) in which the parties dispute the applicability of the arbitration clause.