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Opinion Digests

Negligence – Eleventh Amendment Immunity – State Port Authority (access required)

Where plaintiffs sue the South Carolina Ports Authority for injuries suffered when plaintiff truckdriver was forced to jump from the top of his truck as a forklift began unloading his cargo at the Ports Authority, the Authority has 11th Amendment ...

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Products Liability – Pleasure Boat – Defective Design – Expert Testimony (access required)

Where defendant in this products liability case alleging negligent design of and breach of warranty for a pleasure boat has presented an expert’s affidavit asserting that the difficulties plaintiff experienced were not attributable to manufacturing or design defects, but were ...

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Social Security – Substantial Gainful Activity – Part-Time Work (access required)

Although claimant works as a part-time school custodian, she has established through evidence concerning her actual job performance, the amount of supervision she requires and an assessment by the school principal, that she is not engaged in “substantial gainful activity” ...

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Criminal – Arson – Interstate Commerce (access required)

Where defendants were convicted of “arson of a building used in an activity affecting commerce” in violation of 18 U.S.C. § 844(i) for their fire-bombing of a trailer in which a white woman and a black man resided, the trailer’s ...

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Criminal – Forfeiture – Controlled Substances – Pharmacy (access required)

Where the pharmacist was convicted of multiple counts of illegal distribution of controlled substances, and his crimes would have supported a maximum total fine of $3.58 million, the court’s forfeiture of defendant’s pharmacy and related property valued at approximately $509,307, ...

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Jury & Jurors – Batson Challenge – Race-Neutral Reasons – Age – Parental Status – Address (access required)

Where defendant, in challenging the prosecutor’s purported reasons for striking two African-American members of the venire (a female was too young and had no children, and a male was inappropriately dressed in an athletic letter jacket and had an address ...

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Partnerships – Loans To Partnership – Interest (access required)

Where plaintiff and defendant, former neighbors, entered into a business venture to broker automobile leases, the venture was a partnership, albeit loosely organized, and the trial court’s final decree accounting for the partnership’s remaining assets is affirmed. First, plaintiff argues ...

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Civil Practice – Habitual Offender – Alcoholic – Guardian Ad Litem (access required)

Although defendant contends that because he was an alcoholic, he was entitled to have a guardian ad litem appointed to represent him in his earlier adjudication as an habitual offender, the failure to appoint a guardian does not void the ...

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