SCAJ Justice Bulletin
The Bulletin is our official publication of the SCAJ and provides information and opinion that is timely, practical, and readable. We welcome submissions, and interested authors should contact SCAJ for guidelines.
Editor: Melissa G. Mosier, Esq. Lexington
Associate Editors: Alexandra "Alex" N. Heaton, Esq. Charleston, Graham Newman, Esq. Columbia, Natasha M. Hanna, Esq. Myrtle Beach
Advertising Sales/Inquiries: Courtney Barts, courtney@scaj.com
Statements and opinions expressed in the bulletin are not necessarily those of SCAJ and publication of advertising does not imply endorsement. Readers should make appropriate inquiries before entering into a binding commitment for advertised services. The Bulletin and SCAJ will not be liable to any person for loss or damage incurred as a result of accepting or offering to accept an invitation contained in any advertisement published in The Bulletin. Published materials remain the property of SCAJ and may not be reproduced or used out of context without prior approval of, and proper credit to the magazine.
April 2025
June 2024
June 2023
Full Edition with Links to Articles
Articles:
#You’veBeenServed: Twitter and “Other Means” of Alternative Service of Process -- Graham L. Newman
Victims Beware: A Closer Look at the “SC Justice Act” -- Perry M. Buckner, IV
Closing Lawyer, Hidden Dragon: Bringing Claims Under the Attorney Preference Statue -- Drew Radeker
December 2022
Full Edition with Links to Articles
Articles:
Professional Independence at Stake: Proposed Rule Change Could Make Way for Corporate Ownership of Law Firms -- Melissa G. Mosier
A Reason for Optimism: The Law Day Essay Contest -- The Honorable J. Mark Hayes, II
A Trojan Horse: Alternative Business Structures, Non-Lawyer Ownership, Non-Lawyer Fee-Splitting, and the Unauthorized Practice of Law -- Mark J. Bringardner
September 2022
Full Edition with Links to Articles
Articles:
The Defendant Died; Now What? -- Jamie George
Discrimination and the Civil Rights Act -- Yigal Bander
Do Not Fear the Government: A Former Defense Attorney's Guide to Litigating Government Torts in Federal Court -- Joel Hughes
Spring 2021
At Home but Not Alone - By Keith Mitnik
Easy as PIE: Basics of Graphic Design For Attorneys --By Justin S. Kahn
Holding a Defendant’s Feet to the Fire - By Brian C. Mickelsen
The Legal Fictions Created by the Underinsured Motorist Carrier Appearing
and Defending in the Name of the Underinsured Motorist - By Elizabeth Dalzell
Winter 2021
A Mediator's Thoughts - By Christopher J. Daniels
Discovering and Litigating: The Case Against the Drug-Impaired Driver in Trucking Cases - By Frederick “Rick” I. Hall, III
Medical Malpractice Trials in the COVID Era - By Christina R. Hedges
Summer 2020
8 Reasons Good Attorneys Lose Medical Malpractice Cases: A Litigation Nurse's Perspective - By Christina R. Hedges
Now is the Time: An Inflection Point to Equal Justice - By Luther J. Battiste, III
Presenting and Arguing Non-Economic Damages in Spine Injury Trials by Mark Bringardner
Spring 2020
The Inadequacy of Workers' Comp William L. Smith, II
Maybank Mahem: The Emboldened Defense Bar Takes Maybank v. Sentry Select Too Far. Melissa G. Mosier
Plaintiffs' Offers of Judgement in Federal Diversity Cases Governed by South Carolina Substantive Law Bert G. Utsey, III
Fall 2019
Depositions Mary Ann Ridenour
E-Cigarette Litigation: A Repeat Performance? Maggie R. Chappell and Graham L. Newman
Freedom of the Press: The Cornerstone of a Democracy Frank Hartman
The Sea of Ethics J. Mark Hayes, II, Circuit Court Judge
Summer 2019
Reflections of a Trial Lawyer: On Winning and Losing Ken Suggs
10 Things to Know About Social Security Stacy Thompson
Responding to the "This Never Happened Before" Defense Eddie Schmidt
Winter 2019
Indictment Sufficiency in Delayed Disclosure Child Abuse Sam Tooker
Pre-Litigation Discovery Techniques to Maximize Pre-Suit Settlement Demands Michael Melonakos
Tips From the Other Side Samuel R. Clawson, Jr. and Christy R. Fargnoli
Fall 2018
"Ordinary" Errors in Extraordinary Settings Jordan Callaway and John G. Felder, Jr.
How to Screen Law Enforcement and Inmate Cases Kyle White
Judge Hayes Receives the 2018 Outstanding Contribution to Justice Award
Spring 2018
Preparing Clients for an Effective Deposition James Wood
How to Avoid Common Ethics Mistakes When Using Social Media for Law Firm Marketing Stephen Fairley
Ten Things Every South Carolina Family Law Practitioner Should Know About the Recent Tax Law Change Richard T. Livingston, CPA/CFE, CFE, CVA, Director, Dixon Hughes Goodman LLPE
How to Use Theater Techniques to Reach Juries Stephanie Francis Ward
Winter 2018
Breast Implants and Cancer: A Gathering Storm Graham Newman
Improperly Installed Tires and Water on the Roadway: A Dangerous Combination Ronnie L. Crosby and William F. Barnes, III
Another Tool in the Toolbox: The Uses and Limitations of Offers of Judgement David Price
Fall 2017
Put Some Bite In Your Practice: An Introduction to Dental Malpractice Wes B. Allison and Justin S. Kahn
The South Carolina Personal Injury Attorney's Guide to Employment Law David A. Nauheim
Depositions: Can't Live With Them, Can't Live Without Them Ken Suggs
5 Tips For When Life is Suddenly F'd Up Ashby Lawton Jones
Spring/Summer 2017
Why Medical Mass Torts are Good for America Donald A. Migliori
The Trucking Company's Rapid Response Team Mark Joye & Mark J. Bringardner
Rule 26(b)(1): One Year Later Altom M. Maglio & Jessica Olins
SCAJ In Action: Family of Injured City of Dillon Police Officer and SCAJ Pave Way for Passage of Dram Shop Bill
Winter 2017
Jury Practice in Post-Truth America: A Cautionary Tale Richard A. Harpootlian & Christopher P. Kenney
The Bark of the Poisionus Tree: Cancer, Taxotere, and Permanent Baldness Graham Newman
The Lessons of the Volkswagen Settlement Julia Flumian
Fall 2016
Self-Driving Cars and the Danger of Federal Preemption C. Richard Newsome & William C. Ourand
A Mediator's Thoughts on "Winning" a Mediation Eric K. Englebardt
Jumping into the Deep End: The Intricacies of Multidistrict Litigation Graham Newman
Defeating the Motion to Stay Based on Fifth Amendment Privilege Robert Rikard
Summer 2016
Talcum Powder: The Next Tobacco? Graham L. Newman
Offer of Judgement and the Tort Claims Act Daniel Luginbill and Janek Kazmierski
A Review of Some South Carolina Evidence: Differences Make a Difference Justin S. Kahn and Wes B. Allison
Sanctions: A Necessary Tool in Civil Litigation Robert Rikard
Spring 2016
To Be or Not to Be: The Assault on Permanent, Periodic Alimony Bryan Braddock
The Chief Umpire is Changing the Strike Zone Ned Miltenberg & Stuart Ollanik
Limits on Expert Testimony in Child Sexual Abuse Cases Alex Stalvey
Winter 2016
Synthetic Cannabinoids in South Carolina State Court: An Overview Sam Tooker
A Concussion Protocol: Litigating the 'Mild' Traumatic Brain Injury Case Kenneth E. Berger
Teen Truckers: Coming Soon to an Interstate Near you Ben Traywick
Summer 2015
Junkyard Justice: Seeking to Hold Takata Accountable Kevin Dean
Remarks from South Carolina State Senators on the Emanuel A.M.E. Shooting and the Passing of Reverend and Senator Clementa Pinckney
Mediation as a Tool to Maximize Recovery Robert Rikard
Spring 2015
Eight Steps to Finding More Referrals Stephen Fairley
Technology and Marketing for Small Firms J. Benjamin Stevens
Effective Time Management Nido Qubein
The Biggest Crime in Law Firms Stephen Fairley
Digital Organization and Ideas for Lawyers and Law Firms Justin S. Kahn
Change: Embrace It or Resist It Nido Qubein
Winter 2015
Back to the Future: Racial Gerrymandering Case Asks the Roberts Court to Rule on Race, Politics and Consitutional Law Christopher P. Kenny
Avenging Germanicus: The Murder Trial of Gnaeus Calpumius Piso Graham Newman
Plaintiff's Offer of Judgment: Is Prejudgment Interest Recoverable in Excess of Policy Limits Trip Riesen
Fall 2014
Ceasar's Business or God's Business? Kermit King
Police Brutailuty and Excessive Force: Crossing the Thin Blue Line T. Ryan Langley
Yard Sticks and Stop Signs: Making Your Case with Codes and Standards Wes B. Allison & Justin S. Kahn
Summer 2014
Codifying Common Law Blake Hewitt
Fighting For Our Soldiers Graham Newman
Discovery and the Insurance Claim Wes B. Allison and Justin S. Kahn
Ponzi Victims' Third-Party Claims Badge Humphries
Winter 2014
Juvenile Adjudication Clarke Newton
The Next Wave in Airbag Litigation Hank N. Diddier, Jr.
Ethical Concerns of Lawyers Impairment Yvette Hourigan
The Ethics of Social Media Tad Thomas
Fall 2013
Recoveries and Protections for Whistleblowers Under the Federal False Claims Act John C. Moylan
Pointers for Paralegals (Actually for Attorneys) Terry D. Allen
A Trial lawyer's Quick Reference Guide to Post-Trial Motions Matthew V. Creech
Perjury in Family Court Heather Hite Stone
Making Waves Ashby Lawton Jones
Summer 2013
Prove Notice Without Knowledge: Show Facts that Require Inquiry Justin S. Kahn and Wes B. Allison
The Epidemic of Patient Errors: Emerging Expectations Under Health Reform Legislation Bob Ruch
Tips to Avoid the Malpractice or Grievance Trap Peter D. Protopapas and Chalres E. Usry
Did I Make a Difference Today? Mark D. Chappell
Pointers for Paralegals: The Care and Feeding of Expert Witnessess Terry D. Allen
The Coming Impact of the Affordable Care Act on Your Injured Clients Timothy Denehy
Winter 2013
Presentation of Exhibits in a Premises Liability Case: A Practical Primer Scott Anderson
Trucking Litigation Understanding ECMs, Qualcomm, VORAD and Spoliation Mark D. Chappell
Workers' Compensation Appeals: Nutshell Version Suzanne H. Jebailey
Shock and Awe: The Art of Using Focus Groups to Profile Highly Emotional Cases Carey Crantford
The Application of the Workers' Compensation Retaliation Act and Federal Employment Laws on Injured Workers Nancy Bloodgood
Recent US Tax Court Decision Highlights Issues Regarding the Tax Treatment of Damages for Stress-Induced Physical Ailments Jeremy Babener and Neil Kimmelfield
Pointers for Paralegals Terry D. Allen
Spring 2012
Just Say No Peter D. Protopapas
The Notice of Intent Statute Robert G. Rikard
Thoughts on Not Losing a Case J. Kevin Holmes
A Trail of Tiers John S. Nichols
Winter 2011
Horizontal Gaze Nystagmus: Drunk Science or Junk Science? Heath P. Taylor
Supreme Court Opens Doors to SCUTPA Class in Federal Court David Hendricks
When Lawyers Need Lawyers Daryl Hawkins
Protective Orders and Confidentiality Agreements W. Hugh McAngus, Jr.
Fall 2011
Flat Fees Allyson M. Carbaugh
The "Of Counsel" Relationship and Conflicts Issues Thomas P. Gressette, Jr.
Negligent Supervision Kenny Berger
Why I Love Summary Jury Trials Jeffrey Gerardi
Summer 2010
Dog Bite Cases: Avoiding 9 Common Mistakes Ron Berman D.A.B.F.E. Expert Witness and Consultant
Ten Steps to a Fair Settlement Negotiation Strategies that Work Rick Hall
Probate Coordinators: Ethical Considerations When Outsourcing the Search for Local Probate Counsel Thomas P. Gressette, Jr.
Fall 2009
Technological Revolution in the Practice of Law W. Micheal Hemlepp, Jr.
Witness Preparation: The Neglected Art Don Keenan
Do's and Don'ts for an Effective Mediation: Plaintiff's Personal Injury Practice: Tips and Applications Frederick I. Hall, III
Rule 35: Independent Mental Examinations James L. Ward, Jr. and Catherine H. McElveen
Winter 2007
National Perspective Robert S. Peck and Andre Mura
Setting Aside Mandatory Arbitration Clauses in Nursing Home Contracts Anthony L. Harbin and Larry A. Welborn
Little Noted and Little Used Rule 806 SCRE Kermit S. King
Individual Voir Dire in South Carolina - Worth Considering J. Craig Smith
Eight Ways to Defeat or Minimize ERIZA Reimbursement Claims Roger M. Baron
WHAT WORKS FOR ME? These Things for Sure! E. Vernon F. Glenn
Spring 2007
National Perspective from the Center for Constitutional Litigation, PC Robert S. Peck and Andre Mura
Americanos Representing Hispanos Cultural Issues and More - First of a Series John E. Duncan
Jury Selection: Moving Toward a New Paradigm Carey Crantford
Mistakes Were Made: Standards for Relief Under Rules 6(b)(2), 55(c ), and 60(b) Andrew S. Radeker
South Carolina Statutory Employer Defense: "One Strike and You're Out." John R. Peace
Framing Your Case Kenneth M. Suggs
Summer 2007
Assessing Damages Kenneth C. Anthony, Jr.
Scope of Subpoena in Workers' Comp Frederick W. Riesen, III
Trial Lawyer Resource Center: It's So Hard to Move Cases David Swanner
The Murphy Article Lindsey W. Cooper
Environmental Future Bright: SCELP Reaches 20 Year Milestone James S. Chandler, Jr.
Special Education Law: Trends and Implementing the IDEA 2004 Elizabeth Hyatt Robinson
Let Us Open Our Eyes Rudy Apodaca
Summer 2006
National Perspective Robert S. Peck
The Real Estate Appraisal Overvaluation Phenomenon Brian L. Boger
Beware of the Curve Ball Scott S. Bluestein
Everything a Lawyer Needs to Know About Bankruptcy Shannon Furr Bobertz and Michael J. Cox
Why the FDA's Bark is Worse Than it's Bite Leslie A. Bailey and Leslie A. Brueckner
Applying the Seven Habits to the Life of a Trial Lawyer Ken W. Harrell
Statute of Repose Primer Mark C. Joye and Amy B. Rothschild
Winter/Spring 2005
Responding to the Attack on Trial Lawyers Leonard M. Salle
Handling and Litigating Night-Vision Cases Thomas R. Taggart
Changes in Medicine - An Overview of Handling Medical Negligence Cases for the Past 30 Years Thomas Malone
Getting to Know Adobe ".pdf" Files Steven Shaw
Fall 2005
Access to Justice Campaign Battling Preemption and Arbitration in U.S. Supreme Court Cases Arthur H. Bryant
National Perspective Robert S. Peck
The Ethical Lawyer Gregory B. Adams
Staging and Producing a Live Focus Group David R. Bossart
The Rise of Trial by Summary Judgment and Mandatory Arbitration G. Ross Anderson, United States District Court Judge
Winter/Spring 2003
Address to Subcommittee William H. Nicholson, III
What's up with Rule 59 (e)? Theile M. Branham and John D. Kassel
Social Security Disability Benefits: How you can help your clients with their claims Steven M. Calcutt
The Ethical Lawyer Gregory B. Adams
Summer 2003
A Lawyer's Guide to Cross-Cultural Depositions Nina Ivanichvili
Understanding the Skeptical Juror Carey Crantford
The Impact of HIPPA Regulations on Discovery in Civil Cases R. Kirk Griffin
Four Things Family Law Attorney May Not Realize About Civil Procedure Rule 34 Gregory B. Adams
Case Notes from other Jurisdictions Robert S. Peck
The Ethical Lawyer Gregory B. Adams
Winter 2002
Medical Lobbies Prepare to Pounce Joanne Doroshow
Modifying Child Custody Gregory S. Forman
The Seven (7) Standards of Medical Practice Samuel L. Svalina
The Ethical Lawyer Gregory B. Adams
No Drivers License for Some B. Randall Dong
Spring 2002
Helping Your Client Prepare for Deposition R. Lee Livingston
Horizontal Glaze Nystagmus as Field Sobriety Evidence in SC: An Old Issue in Need of a New Look Robert M. Sutton
Who Cares About Lower Court Bench Warrants? James H. "Chip" Price
The Ethical Lawyer Gregory B. Adams
Summer 2002
Opening Statement The Impact of Popular Culture on the Perception of Lawyers Robert A. Clifford
The Trial Lawyers View of Tort Reform Patrick E. Knie
Warning vs. Safety Guards: Does the Duty to Warn Extinguish a Duty to Guard? John D. Kassel
Overview of the South Carolina Guardian ad litem Reform Act John O. McDougall and Peter G. Currence
The Ethical Lawyer Gregory B. Adams
Fall 2002
When Bad Things Happen to Good People Christine A. Bremer
Punitive Damages: A Funny Thing Happened on the Way to the Courthouse The Honorable G. Ross Anderson, Jr.
Runnin' on Empty Bert Goolsby
The Ethical Lawyer Gregory B. Adams
Winter 2001
One of South Carolina's First Black Lawyers W. Lewis Burke
Shrink Wrap: An Introduction to Mental Health Malpractice Skip Simpson and Jerry Meek
TLPJ Urges Supreme Court to Reject Forced Arbitration Clause Bradford P. Simpson
When "Get Rich Quick" Schemes Go Bad Look to the S. C. Business Opportunity Sales Act David E. Rothstein
Spoliation: A Legal Theory Whose Time Has Come Jarrell L. Wigger
Spring 2001
The Legal Immigration Family Equity Act of 2000 B. Randall Dong
Drake Law School Speech Senator John Edwards
Car Rental Agency Liability: Negligent Entrustment Justin S. Kahn
Unite and Conquer with a Local Trial Lawyer Workshop Jody V. McKnight
When the Defendant Fails to Forward the Papers - Has Shores v. Weaver been Statutorily Overruled? John S. Nichols
Eulogy to a Trial Lawyer David Fedor
Federal Safety Regulations Concerning Underride Guards Mark D. Streed
Summer 2001
When Does a Trial Lawyer Go To Probate Court? Carole Dennison Moede
Nursing Home Litigation: Not Just a Case but a Cause Andrew W. Arnold
Social Security: Thoughts on the Promise and the Reality for People with Disabilities Harriet McBryde Johnson
New Employment Choices and New Advocacy Services for SSA/SSI Disability Clients Nancy McCormick
Blindness Following Lumbar Surgery Kenneth C. Anthony, Jr.
Salvaging the Total Loss Claim Stephen C. Ryan
Fall 2001
Closing Argument The Honorable G. Ross Anderson, Jr.
Church Bells and Wheelchairs: The ADA and Religion Bryan C. Gambrell
Four Rule to Show Cause Pitfalls to Avoid Gregory S. Forman
Birth Injury Cases: A Primer for the Attorney Who Does Not Practice Medical Negligence S. Randall Hood
Fall 2000
Appellate Notebook: Error Preservation from the Respondent's Perspective - I'on, LLC v. Town of Mt. Pleasant John S. Nichols
Service of Process on Foreign Defendants Pursuant to The Hague Convention Frank L. Eppes
Interference with the Right to Bury and Related Cause of Action W. Scott Palmer
Winter 1998
The Family Cost of Litigation Mark D. Chappell
Because Sometimes A Lawsuit Can Make A Difference Rodney F. Pillsbury
Motley's Grasp of Evidence was Key in Texas Mark Curriden
Additional Reporting Requirements Could Cause Headaches for Some Attorneys Christopher J. Bachkosky & Stephanie K. O'Cain
Defective Door Latch Yields Largest Verdict Ever Against Auto Industry Bill Isbelle
Spring 1995
Sexual Harassment in the Law Firm: A Primer in Preventing Liability B. Randall Dong
An Abbreviated List of SNAFUS E. Vernon F. Glenn
Fall 1995
Computer Animation: Admissibility and Uses The Honorable G. Ross Anderson, Jr.
Talking Legislation - Are We Getting Taken? W. Dennis Chamberlain
The Ethical Lawyer Gregory B. Adams
Like A Hog with a Wristwatch W. T. Geddings, Jr.
Tax Procedure Under the South Caolina Revenue Procedures Act: A "User-Friendly" Approach Marvin F. Kittrell
In Pursuit Lawyer of Management Success: T.E.A.M.W.O.R.K Russell J. White
Winter 1993
A Thought About the Convention Hal Driggers
Protective Orders: The Industry's Silencer on the Smoking Gun Teresa M. Hendricks and Joseph W. Moch
Opening Statements in Products Liability Litigation J. Michael McGuiness
Automate Your Trust Account For Less Than Thirty ($30.00) Dollars E. Paul Gibson
Dr. Dweeb's Trial (Computer) Notebook Tim Kulp
Winter 1990
Ten Top Criminal Cases of the 80's H.W. Pat Paschal, Jr.
The Objective is to Object Without Being Objectionable Kermit S. King
Comparative Fault Ralph C. McCullough
The Trial Lawyer In The 90's G. Ross Anderson, Jr., U.S. District Judge
False Insurance Ads Are Contaminating Jury Thinking Kenneth M. Suggs
Why Rambo and Hardball Litigation Tactics Don't Work Professor Harry J. Haynsworth
How To Win DUI Cases Reese I. Joye, Jr.
Our Precious Jury System James W. Gilchrist, Jr.
Understanding Underinsurance Ricky K. Harris
Executing Judgments Against Out-Of-State Insurers Lee P. Jedziniak
July/August 1986
Jones & Laughlin Steel Corp. v. Pfeifer: An Economic Assessment G. Richard Thompson, Ph.D
What Crises? Ronald A. Maxwell
September/October 1986
The Omnibus Criminal Justice Improvements Act of 1986 Richard P. Stroker
The New Heart of Darkness; The Modern Nursing Home Ken Suggs, Esq.; Gail W. Dickson, R.N., M.A.; Steven M. Anastasion, Esq.
November/December 1986
Special Legislative Edition
January/February 1985
Rights of the Accused v. Rights of the Press J. Dennis Bolt
The "Ten Commandments" of Family Law Negotiation Joseph T. McElveen, Jr.
July/August 1985
The Post Traumatic Stress Disorder: A Legal Perspective John D. Delgado
Bankruptcy Court: Another Forum for Domestic Litigation C. Dixon Lee, III
September/October 1985
The Need for Legislative Reform in Latent Toxic Injury Compensation Cases J. Kevin Holmes
November/December 1985
Special Legislative Edition
May/June 1984
Intoxication as a Defense Under South Carolina Workers' Compensation Law Hugo M. Spitz
September/October 1984
Impoundment and Search of Motor Vehicles: Constitutional Considerations- Part II Russell H. Putman, Jr. and Joel D. Bailey
January/February 1983
Restrictive Venue Provisions Thwart Actions Against National Banks David W. Goldman
May/June 1983
Uniformed Services Former Spouses' Protection Act Howard S. Sheftman
Lawyers' Survival Test Roy Dwyer, Chaiman, Oregon PAC Trustees, Eugene, OR
July/August 1983
Preventing the Fall in Slip and Fall Cases Douglas F. Patrick

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