Tag Archives: retroactive laws

June 25, 2014 South Carolina Supreme Court published opinion

Kirvin v Central States Health and Life Co. of Omaha Kirvin purchased supplemental health insurance. After the purchase, the state legislature enacted a cap on benefits codified at South Carolina code 38-71-242. She was then diagnosed with cancer and sought … Continue reading

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December 12, 2013 4th Circuit published opinions

United States ex rel May and Radcliffe v Purdue Pharma, L.P. Radcliffe’s husband brought a qui tam suit against Purdue which was dismissed based on a release he had signed with Purdue. Maya and Radcliffe brought a qui tam suit … Continue reading

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December 6, 2013 4th Circuit published opinions

National Treasury Employees Union v Federal Labor Relations Authority Union sought to bargain with the Internal Revenue Service for grievance rights for dismissed probationary employees. The IRS refused to negotiate and the Authority upheld the refusal. The Panel affirmed. It … Continue reading

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October 30, 2013 South Carolina Court of Appeals published opinions

State v Hilton Hilton moved to exclude his blood alcohol test arguing amendments to the breath test statute applied retroactively. The circuit court agreed and exclude the test results. The panel reversed and remanded. It held that the General Assembly … Continue reading

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April 3, 2013 South Carolina Supreme Court published opinion

State v Dawson Dawson pled guilty to breach of trust with fraudulent intent. She moved to be sentenced under a statute enacted after her crimes which lowered the penalty for breach of trust. The circuit court denied her motion and … Continue reading

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March 27, 2013 South Carolina Court of Appeals published opinions

Taylor v Aiken County Assessor Taylor sought review of the 2010 tax assessment on property he purchased in 201. Review was denied based on the fact he did not own the property in question on December 31, 2009. The panel … Continue reading

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March 13, 2013 South Carolina Supreme Court published opinion

State v Brown Brown was convicted of grand larceny based on fraudulent sale of two cars belonging to other people. His trial attorney did not object to jury instructions using the threshold value amount for grand larceny which were in … Continue reading

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August 20, 2012 4th Circuit published opinions

Westmoreland Coal Company, Incorporated v Sharpe After remand to determine a modification motion, the administrative law judge ruled that the original ruling of complex pneumoconiosis was erroneous and Westmoreland had not committed misconduct in bringing the motion and thus denied … Continue reading

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March 28, 2012 United States Supreme Court opinions

Federal Aviation Administration v Cooper Cooper obtained a pilot’s license. He later contracted HIV. The FAA by policy refused to grant or renew licenses and medical clearance to person with HIV. Cooper omitted his HIV status in his renewal applications. … Continue reading

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