In June, the South Carolina Supreme Court published the following opinions:
Maybank v. BB &T Maybank v. BB &T was a direct appeal from the Business Court that arose from a substantial jury verdict involving claims sounding in contract, tort, and the South Carolina Unfair Trade Practices Act.
The Court reversed the award of punitive damages based on a limitation of liability clause, and therefore declines to address election of remedies. The Court affirmed the verdict on all other grounds, and rejected the plaintiff’s cross-appeal regarding the trial court’s denial of prejudgment interest.
In Simmons v. State, the Court vacated in part the PCR court’s order and remanded for further proceedings. The Court found that Simmons was entitled to some relief due to the State’s unintentional misrepresentation of DNA evidence to the jury. Accordingly, the Court remanded the case back to the PCR court to allow for a another review of the PCR application.
In the Matter of James Cox, Jr., the Court publicly reprimands a lawyer.