Archive for June, 2018

Mediator or messenger

During the past few weeks two attorneys I greatly respect have conducted mediations for my clients. One mediator settled every single case, often in circumstances in which I thought reaching settlement would be difficult. The other attorney failed to obtain a settlement in a case that frankly should have settled without much difficulty. This had […]

Recent Workers Compensation opinion may impact child custody cases

The June 6, 2018 Court of Appeals opinion in York v. York addresses the issue of who is a dependent for the purpose of benefits under South Carolina’s Workers Compensation Act. In doing so, it analyzing an issue that may impact child custody cases. In York, Yvonne Burns sought dependancy benefits from the Workers Compensation […]

Court of Appeals finds standing for paternal grandparents to obtain custody when mother is unfit

Given a culture that expects parents to be responsible for raising their children, the law has developed that fit parents should (with the limited exceptions of defacto custodians or psychological parents) defeat the custody challenges of non-parents. Just last month, in Urban v. Kerscher, the Court of Appeals returned custody to a fit mother who […]

Crossing the Rubicon

Per wikipedia, during the Roman republic, the river Rubicon marked the boundary between the Roman province of Cisalpine Gaul to the north-west and Italy proper (controlled directly by Rome and its allies) to the south. Governors of Roman provinces were appointed promagistrates with imperium (roughly, “right to command”) in one or more provinces. The governor […]

 

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