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Author: Law Office of Gem McDowell, P.A

SC Employers Are Liable for Negligent Selection of Contractors: Understanding Ruh

“Under South Carolina law, can an employer be subject to liability for harm caused by the negligent selection of an independent contractor?” This was the certified question posed to the...

South Carolina Rejects the Mortgage Replacement Doctrine

The Supreme Court of South Carolina rejected the mortgage replacement doctrine in the 2023 case ArrowPointe Federal Credit Union v. Bailey (PDF), upholding the decision of the SC Court of...

What is a Lady Bird Deed? Are Lady Bird Deeds Legal in South Carolina?

A lady bird deed, like other kinds of deeds, determines how ownership of a property is transferred and to whom. It’s similar to a life estate deed in that it...

What Is the Legal Rate of Interest in South Carolina in 2024?

On January 4, 2024, the Supreme Court of South Carolina issued an order regarding interest rates on money decrees and judgments for the next twelve months. The legal rate of...

Are You Responsible for Your Spouse’s Debts?

Are you responsible for your spouse’s debts? It depends. Generally, you are not responsible for any debts your spouse brings into the marriage. As for debts incurred during the marriage,...

What is a Right of First Refusal and When Is It Enforceable?

The right of first refusal sounds simple on the surface. A right of first refusal (ROFR) gives the right-holder the opportunity to enter into a business transaction with another party...

What is Family Malpractice™, and Have You Committed It?

Have you committed Family Malpractice™? If you’ve neglected your legal responsibilities regarding your family, then yes, you have. What is Family Malpractice™? You’ve heard of attorney malpractice, where an attorney’s...

What Happens to Your Estate If You Die During a Divorce in South Carolina? Spousal Elective Share

Imagine this scenario: Husband and Wife have been married for many years. One day, Wife files for divorce. At a hearing a few months later, the divorce is granted. Husband...

Employee or Independent Contractor? Employers Need to Know DOL’s Proposed Rule

This blog will be updated with relevant developments = Misclassification of workers by employers is a big problem, according to the Department of Labor (DOL). “The misclassification of employees as...

Involved in Real Estate or Passive Activities? Passive Activity Loss Rules to Know

Let’s say you’ve dipped your toe into the real estate game and flipped a house. Instead of making a killing on it, you took a big financial hit. When tax...
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