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On the wrong side of history again

Bowing to the inevitable, North Carolina has authorized same sex marriage, leaving South Carolina the last remaining state of the Fourth Circuit to bar such marriages. Today U.S. District Judge Max Cogburn of Asheville struck down the state’s laws restricting marriage to a man and a woman. North Carolina Governor Pat McCrory said the state […]

We could have been more progressive than West Virginia…but no!

Yesterday, October 9, 2014, the South Carolina Supreme Court issued a stay preventing county probate judges from issuing marriage licenses to same sex couples pending a decision by United States District Court Judge J. Michelle Childs in Bradacs v. Haley, 3:13-CV-02351-JMC. That lawsuit challenges the provision of the South Carolina constitution, S.C. Const. art. XVII, […]

South Carolina likely to be compelled to allow same sex marriage

Today the United States Supreme Court decided to let stand a Fourth Circuit Court of Appeals decision finding Virginia’s ban on same sex marriage unconstitutional. The Fourth Circuit Court of Appeals put its decision into effect immediately and same sex marriages are already taking place in Virginia. This means it is likely inevitable that all […]

The Benefits of Co-Mediation in Family Court

Karen Klickstein-Forman and I spoke today for the Mediation and Meeting Center of Charleston on The Benefits of Co-Mediation in Family Court. Karen drafted the materials below.  A word file of these materials can be downloaded here. Co-Mediation is a style of mediation that involves multiple mediators, usually two, which in some way may compliment […]

Third time’s a charm?

For a second time the South Carolina Court of Appeals has issued a revised published opinion in the case of Mick-Skaggs v. Skaggs. Previous blogs on this case can be found here and here. The only change from the previous opinion is the removal of the language “accusing Wife of adultery” from the FACTS/PROCEDURAL HISTORY section.

Supreme Court affirms finding that non technical defects with adoption consent renders consent invalid

Eight weeks after the Court of Appeals affirmed a family court finding that South Carolina’s adoption statute required strict compliance with statutory consent requirements in order for the consent to be valid, the Supreme Court affirmed that ruling in the September 29, 2014 opinion of Brown v. Baby Girl Harper. This rapid resolution demonstrates the […]

Shameless plug for Co-Mediation CLE

My better half, Karen Klickstein-Forman, and I will be presenting on The Benefits of Co-Mediation for Family Court as part of the Mediation and Meeting Center of Charleston’s monthly breakfast. This CLE will take place on October 2, 2014 from 8:00 to 9:00 a.m. at Kitchen 208. Attendance is free and it is one hour […]

Remedies for the evasive deposition witness

Few areas of litigation practice are more frustrating than deposing an evasive, hostile or obnoxious witness. In the courtroom setting, a witness who acts these ways will be admonished by a judge to stop. If the witness continues that behavior, criminal contempt–sending the witness briefly to jail until he or she behaves–is an available sanction. […]

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