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Author: Law Office of Gem McDowell, P.A

Same-Sex Marriage in South Carolina After Obergefell

The US Supreme Court made history with the 2015 decision Obergefell v Hodges, ruling that same-sex couples have a right to marry under the Fourteenth Amendment of the Constitution. Before...

At-Will Employment in South Carolina: New Supreme Court Rulings

You may know that South Carolina is an at-will employment state. But what does that really mean? In an at-will employment state, work is presumed to be at-will unless otherwise...

Civil Conspiracy Claims in South Carolina After Abolishing the Todd Rule

The South Carolina Supreme Court has done away with the so-called Todd rule. This comes from the court’s 2021 decision in Paradis v Charleston County School District (find the opinion...

How is Joint Tenants with Rights of Survivorship Created and Severed in South Carolina?

One of the key benefits of holding property with someone as joint tenants with rights of survivorship is that when one cotenant dies, his/her share in the property automatically passes...

What is Inverse Condemnation? How Is It Different from Eminent Domain?

Let’s say a government agency undertakes a construction project that affects your ability to fully enjoy your property and reduces its value, which constitutes a “taking” on the part of...

What Powers Does a Power of Attorney Give Me?

A power of attorney (POA) is a document that authorizes a person (the “agent” or “attorney in fact”) to act on behalf of another person (the “principal”). Different kinds of...

Employee or Independent Contractor? A Closer Look at the Four-Factor Model

How do you know whether a worker in South Carolina should be classified as an employee or an independent contractor? The decision has big consequences for both employer and worker,...

Tenants in Common with a Right of Survivorship: A Third Alternative in South Carolina

If you’ve bought property in South Carolina with another person or multiple people, then you might be familiar with the terms “tenants in common” and “joint tenants with rights of...

Can You Be Bound by an Arbitration Clause You Didn’t Agree to?

In June 2016, 90-year-old Bonnie Walker moved into the Brookdale Senior Living Center, a residential care facility in Charleston, SC. Six weeks later, she wandered out of the center one...

Is Promissory Estoppel Subject to Statute of Limitations in South Carolina?

Thomerson v. DeVito came to the Supreme Court of South Carolina on certification from the U.S. District Court for the District of South Carolina, as the U.S. District Court needed...
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