August 2015
Statute of Limitations
The insanity tolling provision in S.C. Code Section 15-3-40 does not apply in medical malpractice actions.
Sims v. Amisub of SC, Op. No. 27561 (S.C. Sup. Ct. filed August 12, 2015) (Shearouse Adv. Sh. No. 31 at 22).
October 2014
Base Load Review Act
S.C. Code Section 58-33-270 is the proper mechanism to make changes to an initial base load review order under the Base Load Review Act. S.C. Code Section 58-33-275(E) applies only after a utility has already deviated from an existing base load review order and attempts to recoup costs from the deviation.
SC Energy Users Committee v. SCE&G, Op. No. 27456 (S.C. Sup. Ct. filed October 22, 2014) (Shearouse Adv. Sh. No. 42 at 32).
June 2014
S.C. Competitive Cable Services Act
The S.C. Competitive Cable Services Act does create a private cause of action.
Horry Telephone Cooperative, Inc. v. City of Georgetown, Op. No. 27394 (S.C. Sup. Ct. filed June 4, 2014) (Shearouse Adv. Sh. No. 22 at 36).
Freedom of Information Act
The S.C. Freedom of Information Act’s notice statute, S.C. Code Ann. Sec. 30-4-80, does not prohibit the practice of amending an agenda during regularly scheduled meetings.
Lambries v. Saluda County Council, Op. No. 27400 (S.C. Sup. Ct. filed June 18, 2014) (Shearouse Adv. Sh. No. 24 at 19).