IMPORTANT REPORTED CASES

  • Blumberg v. Nealco, Inc., 310 S.C. 492, 427 S.E.2d 659 (1993). This case creates the criteria for the award of court-ordered attorney's fees to be awarded to the firm's client in this Landlord/Tenant case, and in all cases where the award of attorney's fees is allowed by a contract between the parties or by statute. This case has been cited by the South Carolina Supreme Court and South Carolina Court of Appeals in over 60 reported cases, and appears as authority in more than 10 secondary legal sources.

  • Sellers, et al. v. Keller Unlimited, LLC, 2019 WL 5788124 (D.S.C. 11/06/2019).   In this Fair Labor Standards Act Case, the United States District Court granted the Defendant's Motion for Reconsideration. In reversing itself and significantly lowering its previous award of damages to Plaintiffs, the Court ruled that there is no provision in the FLSA allowing a forfeiture of the tip credit when the tipped employee alleges that it failed to receive minimum wage based on a non - §203 (m) deduction from the employees’ wages.

  • Jordan v. Postell, 434 S.C. 510 864 S.E.2d 558 (Ct. App. 2021). In this appeal from the family court, the Court of Appeals affirmed the finding that the wife's home owned prior to the parties' 13 year marriage was her seperate property and not transmuted into marital property; that the rental property purchased by the husband 3 weeks before the parties' marriage was transmuted to marital property and subject to division. The Court also affirmed the denial of alimony to the husband, the denial of attorney's fees to the husband, and a less than 50/50 division in favor of the wife of the marital estate.

  • Simmons v. Simmons, 370 S.C. 109, 634 S.E.2d 1 (Ct. App. 2006). Ruling that South Carolina Family Courts do not have subject matter jurisdiction to divide Social Security Retirement Benefits in Equitable Division. A Rule to Show Cause against the firm's client was dismissed.

  • Freeman v. South Carolina Public Railways Commission, 302 S.C. 51, 393 S.E.2d 383 (1990), overruling recognized by Hilton v. South Carolina Public Railways Commission, 307 S.C. 63, 413 S.E.2d 845 (1992). Ruling that the firm's client, an injured railroad worker, may bring suit against a state agency under the Federal Employers Liability Act (F.E.L.A.).

  • River Road Co. v. Energy Master Products, Inc., 300 S.C. 316, 387 S.E.2d 694 (Ct. App. 1989). Ruling that that a default judgment against the firm's client should be dismissed, as the judgment failed to comply with the South Carolina Rules of Civil Procedure.

  • Storen v. Meadors, 295 S.C. 438, 369 S.E.2d 651 (Ct. App. 1988). Ruling that the firm's client exercisedœgood faith™ in the performance of a contingency contract to purchase real estate.

  • Marshall v. Marshall, 282 S.C. 336, 318 S.E.2d 133 (Ct. App. 1984). Ruling that a divorce and separation agreement obtained by the firm’s client in Florida was entitled to Full Faith and Credit, and therefore enforceable,  in South Carolina.