South Carolina Case Commentaries

Medpay “Expenses Incurred” Means Amounts the Insured Is Legally Obligated to Pay—No Recovery of Medicaid Write-Offs

Date: Apr 24, 2026

Medpay “Expenses Incurred” Means Amounts the Insured Is Legally Obligated to Pay—No Recovery of Medicaid Write-Offs Case: Alexis Jones v. Progressive Northern Insurance Company Court: Supreme Court...

State v. Garvin: A Probationer’s Right to Counsel Cannot Be Waived by Ambiguous “May Have an Attorney” Notice Without a Meaningful On-the-Record Confirmation of Understanding

Date: Apr 10, 2026

State v. Garvin: A Probationer’s Right to Counsel Cannot Be Waived by Ambiguous “May Have an Attorney” Notice Without a Meaningful On-the-Record Confirmation of Understanding 1. Introduction In State...

Marketplace Facilitators with Integral Transaction Control Are “Engaged in the Business of Selling” Under S.C. Code § 12-36-910(A)

Date: Mar 23, 2026

Marketplace Facilitators with Integral Transaction Control Are “Engaged in the Business of Selling” Under S.C. Code § 12-36-910(A) Amazon Services, LLC v. South Carolina Department of Revenue (S.C....

Nine-Month Definite Suspension for Repeated Diligence/Communication Failures Under Discipline by Consent (In re Stoddard)

Date: Mar 23, 2026

Nine-Month Definite Suspension for Repeated Diligence/Communication Failures Under Discipline by Consent Case: In the Matter of David F. Stoddard, Respondent (S.C. Sup. Ct. Op. No. 28323) Date Filed:...

Public Reprimand as the Maximum Disciplinary Sanction for Former Judicial Officers (and Prospective Disqualification by Consent)

Date: Mar 23, 2026

Public Reprimand as the Maximum Disciplinary Sanction for Former Judicial Officers (and Prospective Disqualification by Consent) I. Introduction In the Matter of Judge Curtis G. Clark, Former...

Definite Suspension and Remedial Compliance Conditions for Misrepresentation, Social-Media Confidentiality Breach, and False Affidavit/Notarization Failures

Date: Feb 20, 2026

Definite Suspension and Remedial Compliance Conditions for Misrepresentation, Social-Media Confidentiality Breach, and False Affidavit/Notarization Failures 1. Introduction In the Matter of Tasha...

401 Water Quality Certifications in South Carolina: Substantial-Evidence Deference, Agency Navigability Determinations, and No Mandatory Environmental-Justice Review

Date: Jan 31, 2026

401 Water Quality Certifications in South Carolina: Substantial-Evidence Deference, Agency Navigability Determinations, and No Mandatory Environmental-Justice Review Introduction In Blue Ridge...

Mistrial Does Not Reopen Protection of Persons and Property Act Immunity: No Second Pretrial Immunity Hearing After a Deadlocked Jury

Date: Jan 31, 2026

Mistrial Does Not Reopen Protection of Persons and Property Act Immunity: No Second Pretrial Immunity Hearing After a Deadlocked Jury Case: State v. Kierin M. Dennis (S.C. Sup. Ct. Op. No. 28314)...

“Adjacent” Requires Touching Under S.C. Code § 5-3-100, and Standing Exists When an Annexation Ordinance Invades Another City’s Limits or a Third Party’s Land

Date: Jan 22, 2026

“Adjacent” Requires Touching Under S.C. Code § 5-3-100, and Standing Exists When an Annexation Ordinance Invades Another City’s Limits or a Third Party’s Land Introduction In National Trust for...

Section 15-36-100(A)(3) Permits Cross-Discipline Expert Affidavits—and Limits Claims to What the Affiant Will Actually Support

Date: Jan 22, 2026

Section 15-36-100(A)(3) Permits Cross-Discipline Expert Affidavits—and Limits Claims to What the Affiant Will Actually Support I. Introduction In Charles Blanchard Construction Corp., Inc. v. 480...

$Automated-Refraction Prescription Bans Survive Rational Basis Review Under South Carolina’s Due Process and Equal Protection Clauses$

Automated-Refraction Prescription Bans Survive Rational Basis Review Under South Carolina’s Due Process and Equal Protection Clauses

Date: Jan 22, 2026

Automated-Refraction Prescription Bans Survive Rational Basis Review Under South Carolina’s Due Process and Equal Protection Clauses I. Introduction In Opternative, Inc. v. South Carolina Board of...

SCUSRAP Fully Supersedes the Common-Law Rule: No Perpetuities Limit Applies to Nondonative Nonvested Interests Excluded by § 27-6-50

Date: Jan 9, 2026

SCUSRAP Fully Supersedes the Common-Law Rule: No Perpetuities Limit Applies to Nondonative Nonvested Interests Excluded by § 27-6-50 Case: Spring Valley Interests, LLC v. The Best for Last, LLC (S.C....

State v. Erb: Improvident Mistrials After Jury Polling and the Double Jeopardy Bar on Retrial of Greater and Lesser-Included Offenses

Date: Nov 30, 2025

State v. Erb: Improvident Mistrials After Jury Polling and the Double Jeopardy Bar on Retrial of Greater and Lesser-Included Offenses I. Introduction The Supreme Court of South Carolina’s substituted...

State v. Eastwood: Polygraph-Context Evidence and False Confessions Under South Carolina Rule 403

Date: Nov 21, 2025

State v. Eastwood: Polygraph-Context Evidence and False Confessions Under South Carolina Rule 403 I. Introduction In State v. Kenneth Henry Eastwood, Opinion No. 28308 (S.C. Sup. Ct. Nov. 19, 2025),...

No Mid‑Term Increases to Legislative “In‑District Compensation”: South Carolina Supreme Court Clarifies Compensation vs. Expense Reimbursement in Climer v. Loftis

Date: Nov 16, 2025

No Mid‑Term Increases to Legislative “In‑District Compensation”: South Carolina Supreme Court Clarifies Compensation vs. Expense Reimbursement in Climer v. Loftis Introduction This...

Settlement Language Can “Award” Fees and Contractual Fee Obligations Qualify as “Other Disposition Required by Law”: The South Carolina Supreme Court Clarifies § 1‑7‑150(B) and Forecloses Judicial Fee-Reasonableness Review Absent Statutory Authority

Date: Nov 16, 2025

Settlement Language Can “Award” Fees and Contractual Fee Obligations Qualify as “Other Disposition Required by Law”: The South Carolina Supreme Court Clarifies § 1‑7‑150(B) and Forecloses Judicial...

When “Rent Payments Due” Means What? Interpreting Termination Remedies, Parol Evidence, and Liquidated-Damages Scrutiny in a Public‑Private Parking Contract

Date: Nov 16, 2025

When “Rent Payments Due” Means What? Interpreting Termination Remedies, Parol Evidence, and Liquidated-Damages Scrutiny in a Public‑Private Parking Contract Case: Shem Creek Development Group, LLC v....

Thompson v. Killian: RPA Limited to Title 12 Taxes; Class Actions Against Local Governments Permitted Outside Property Tax Disputes; Unjust Enrichment Barred by SCTCA

Date: Nov 7, 2025

Thompson v. Killian: RPA Limited to Title 12 Taxes; Class Actions Against Local Governments Permitted Outside Property Tax Disputes; Unjust Enrichment Barred by SCTCA Introduction In Mark Gregory...

Adoption-with-Review: South Carolina Upholds Party-Drafted PCR Orders and Reaffirms Prejudice-Driven Mitigation Review in Capital Cases

Date: Nov 7, 2025

Adoption-with-Review: South Carolina Upholds Party-Drafted PCR Orders and Reaffirms Prejudice-Driven Mitigation Review in Capital Cases Introduction In Marion Alexander Lindsey v. State, Opinion No....

Planned Developments May Depart from Countywide Parking Rules: South Carolina Supreme Court Affirms PD Flexibility and Rejects Takings/Due Process Claims where Nonexclusive Parking Easement Remains Intact

Date: Nov 1, 2025

Planned Developments May Depart from Countywide Parking Rules: South Carolina Supreme Court Affirms PD Flexibility and Rejects Takings/Due Process Claims where Nonexclusive Parking Easement Remains...