Articles

The road to an inconsistent, fact-intensive, national framework for railroad regulation is paved with good intentions—or at least such has been the case in application of the Interstate Commerce Commission Termination Act (“ICCTA”) to condemnations of railroad property by state and local actors. Despite the best intentions of Congress, this particular intersection of transportation law, property law, and issues of federalism has often left the overlapping interests of rail carriers and the nation’s economy in conflict with local actors. This article provides a brief overview of the ICCTA, examines the prevailing regulatory analysis in this purportedly deregulated environment, and concludes with a discussion of...

The Perils of Rescue: Unpacking South Carolina’s Good Samaritan Statute

Michael W. Rabb | South Carolina Young Lawyer Magazine

"Danger invites rescue. The cry of distress is the summons to relief. The law does not ignore these reactions of the mind in tracing conduct to its consequences." 1 Taking their name from a biblical parable, "Good Samaritan" statutes offer legal protection intended to encourage bystanders to help victims in distress by minimizing their fear of being sued or prosecuted for their errors or mistakes in rendering aid or treatment. 2 South Carolina's Good Samaritan statute reads as follows: [a]ny person, who in good faith gratuitously renders emergency care at the scene of an accident or emergency to the victim thereof, shall not be liable for any civil damages for any personal injury as a result of any act or...

A ‘Black Box’ for the Human Body

Michael W. Rabb | South Carolina Young Lawyer Magazine

Civil Discovery of Wearable Technology Data in Personal Injury Cases On September 13, 2018, in Santa Clara County, California, a 67-year-old woman was discovered dead in her home, slouched in a dining room chair with lacerations on her head and neck, clutching a large knife. Two weeks later, her stepfather was arrested for her murder based in part on evidence obtained from a silent observer—her Fitbit. The fitness tracker she was wearing at the time recorded a spike in her heart rate followed by a slow decline in her heart rate until it completely stopped, all during a time when her stepfather—the last person to see her alive—admitted he was at her home.1 The advent of wearable technology, expected to...

VII Crimes of Virtual Mediation

H. Mills Gallivan | FDCC Publication

“The King is dead. Long live the King!” Over the past several years, I have seen, heard and participated in numerous discussions about the rise of online mediation. I have always believed that face to face mediation between litigants is the undisputed King of ADR. Yet I often mused whether I should be looking for a DeLorean with a flux capacitor for a trip back to the future of mediation. Little did I know that a global pandemic would force not just me, but the entire legal profession into the online world of virtual litigation and mediation. As a mediator, one of my favorite rhetorical questions is, “How’s that working out for you?” I now ask myself that question about virtual mediation and would like to...

The List of Eight: Coping with COVID-19

C. Stuart Mauney | For the Defense – June 2020

DRI for Life Does the COVID-19 pandemic have you bouncing off the walls at home? Compliance with a “stay-at- home” order. Social distancing. Inability to visit with family or friends. Restaurants closed. Yes, you do need a haircut! For me, cancellation of March Madness and postponement of The Masters golf tournament. The death, the hurt, the unemployment. We are all grieving in our own way—grieving the loss of normalcy, grieving the economic loss, grieving the loss of connection. How do we handle this discomfort, this grief? As a volunteer for the South Carolina Bar Lawyers Helping Lawyers program, and as a mental health advocate, I have read countless articles on lawyers and mental health. As a result, I...

A Practical Guide to Avoiding the Pitfalls of a Rule 30(b)(6) Deposition

Christopher M. Kelly | The Transportation Lawyer

Rule 30(b)(6) of the Federal Rules of Civil Procedure was envisioned to be a rule which empowered litigants to control the costs and time expended and litigation and messaging. Historically, the rule was developed to avoid unnecessary costs of litigation due to corporate witnesses who had some but not all information being sought. The cases which discuss the rule note that it was not uncommon for individual officers and employees to disclaim knowledge of facts “clearly” known to the corporation forcing litigants to depose a laundry list of corporate officials to obtain necessary information related to the dispute. The rule was intended to streamline the discovery process by allowing a unique and specialized form of...

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