Supreme Court Seal
Supreme Court Seal
South Carolina
Judicial Branch
Supreme Court - Roster of Cases for Hearing

   
The summary below each case is prepared to offer lawyers and the public a general overview of what issues are included in a case which will be argued. The summary is not a limit on what issues a party to a case may present at oral argument.
Wednesday, May 5, 2021
Supreme Court Courtroom
 10:30 a.m. (Time Limits: 20-20-10)  
2020-001519   Richard Bernard Moore, Petitioner, v. Bryan P. Stirling, Commissioner, South Carolina Department of Corrections, Respondent.

Lindsey S. Vann and Hannah L. Freeman, both of Justice 360, of Columbia; Gerald Malloy, of Malloy Law Firm of Hartsville; John H. Blume III, Cornell Law School, of Ithaca, NY; and Whitney B. Harrison, of McGowan, Hood, and Felder, LLC, of Columbia, for Petitioner. Attorney General Alan Wilson, Deputy Attorney General Donald J. Zelenka, Senior Assistant Deputy Attorney General Melody J. Brown and Senior Assistant Attorney General William Edgar Salter, III, all of Columbia, for Respondent.

This matter is before the Court on a petition for a writ of habeas corpus from petitioner's conviction for murder and sentence to death.

 11:30 a.m. (Time Limits: 10-10-5)  
2020-000689   Mario Escalante, Petitioner, v. David L. Rodgers and Janice W. Rodgers, d/b/a Whitehall Express Mart, Respondents.

Donald L. Smith of Anderson for Petitioner. Phillip Reeves, Nicholas A. Farr of Gallivan White and Boyd, PA of Greenville for Respondents.

This case concerns the application of res judicata in a matter where proceedings where initiated in state court followed by a federal lawsuit. The federal suit was decided first, and the trial court in the state action found res judicata applied. The court of appeals affirmed.

Thursday, May 6, 2021
Supreme Court Courtroom
 09:30 a.m. (Time Limits: 15-15-5)  
2020-001572   Mercury Funding, LLC, Petitioner, v. Kimberly Chesney, in her official capacity as Tax Collector of Beaufort County, Respondent. And Jason P. Phillips, in his official capacity as the Anderson County Treasurer and Delinquent Tax Collector; Jill Catoe, in her official capacity as Kershaw County Treasurer and Delinquent Tax Collector; David A. Adams, in his official capacity as Richland County Treasurer and Delinquent Tax Collector; and Jennifer Page, in her official capacity as Lancaster County Delinquent Tax Collector, Intervenors-Respondents.

Costa M. Pleicones, Steve A. Matthews, A. Parker Barnes III, and Sarah P. Spruill all of Haynesworth Sinkler Boyd, P.A., of Columbia, for Petitioners. Mary B. Lohr of Howell Gibson & Hughes, P.A., of Beaufort, for Respondent. Jonathan M. Robinson, G. Murrell Smith Jr., Shanon N. Peake, and Austin T. Reed, all of Smith Robinson Holler DuBose and Morgan, LLC., for Intervenors-Respondents.

In its original jurisdiction, the Court will consider whether Act 174 violates Article III, Section 17 of the South Carolina Constitution.

 10:30 a.m. (Time Limits: 15-15-5)  
2020-000462   Grange Mutual Casualty and Trustguard Insurance Company, Respondents, v. 20/20 Auto Glass, LLC, Petitioner.

Joshua M. Henderson of Henderson, Brandt and Vieth, PA of Spartanburg and Charles J. Lloyd, Livgard and Lloyd, PLLP of Minneapolis, MN for Petitioner. Wesley B. Sawyer and Ronald B. Diegel, Murphy and Grantland PA of Columbia for Respondents.

The trial court found Southern Glass & Plastics Co. v. Kemper, 399 S.C. 483, 732 S.E.2d 205 (Ct. App. 2012), controlled, and a unilateral contract was formed when 20/20 Auto Glass, LLC consistently objected to Grange's rates but performed glass repair and replacement services for claimants insured by Grange. The court of appeals affirmed. Grange Mutual Casualty and Trustguard Insurance Company v. 20/20 Auto Glass, LLC, Op. No. 2019-UP-419 (S.C. Ct. App. filed Dec. 31, 2019). This Court granted certiorari to review the court of appeals' decision. 20/20 Auto Glass, LLC argues the court of appeals erred in affirming the trial court's ruling that a unilateral contract was formed between the parties and in failing to consider the effect of S.C. Code Ann. ยง 38-57-75 (2015) and Narruhn v. Alea London Ltd., 404 S.C. 337, 745 S.E.2d 90 (2013) in its analysis.

 11:30 a.m. (Time Limits: 15-15-5)  
2020-000481   David B. Lemon, Claimant, Respondent, v. Mt. Pleasant Waterworks, Employer, and State Accident Fund, Carrier, Petitioners.

Kirsten Leslie Barr, Trask & Howell, LLC, of Mt. Pleasant for Petitioners. Carl H. Jacobson, Uricchio Howe Krell, PA of Charleston for Respondent.

In this workers' compensation case, the Court issued a writ of certiorari to review the Court of Appeals' decision in Lemon v. Mt. Pleasant Waterworks, 429 S.C. 59, 837 S.E.2d 738 (Ct. App. 2019), to determine whether an employer may claim a credit for prior awards to the injured worker.

Tuesday, May 25, 2021
Supreme Court Courtroom
 09:30 a.m. (Time Limits: 10-10-5)  
2020-000439   United Services Automobile Association, Respondent, v. Belinda Pickens, Appellant.

Thomas J. Rode, Thurmond Kirchner and Timbes, PA of Charleston and Richard C. Alexander, Terrence Wise of North Charleston for Appellant. J.R. Murphy and Wesley B Sawyer, Murphy and Grantland, PA of Columbia for Respondent.

In this insurance case, the Court is asked to determine whether the trial court erred in interpreting South Carolina Code Section 38-77-340 to exclude Appellant's uninsured motorist claim.

 10:30 a.m. (Time Limits: 20-20-5)  
2020-000970   Jennifer Pinckney, Howard Duvall and Kay Patterson, Petitioners, v. Harvey Peeler, in his official capacity as President of the South Carolina Senate; James H. Lucas, in his official capacity as Speaker of the South Carolina House of Representatives; and Henry D. McMaster, in his official capacity as Governor of South Carolina, Respondents.

Matthew T. Richardson of Wyche, P.A., of Columbia; and Gerald Malloy, of Malloy Law Firm of Hartsville, for petitioners. Thomas A. Limehouse, Jr., Chief Legal Counsel; Anita (Mardi) S. Fair, Deputy Legal Counsel, Office of the Governor, of Columbia, for Respondent Governor Henry D. McMaster; Kenneth M. Moffitt and John P. Hazzard, V., both of Columbia, for respondent Harvey Peeler, President of the South Carolina Senate; Bradley S. Wright and Wm. Grayson Lambert of Burr & Forman LLP of Columbia, for respondent James H. Lucas, Speaker of the House of Representatives. Robert K. Merting, of R. K. Merting, LLC, of Greenville, amici curiae for The South Carolina Division Sons of Confederate Veterans Inc., Department of Georgia and South Carolina, Sons of Union Veterans of the Civil War, The Washington Light Infantry of Charleston, SC 1807, Palmetto Guard of Charleston, South Carolina Division of the United Daughters of the Confederacy, Sons of Union Veterans of the Civil War, Sons of Confederate Veterans, Inc., American Heritage Association, and the South Carolina History Preservation Committee, Inc.

In its original jurisdiction, the Court will determine whether section 10-1-165 of the South Carolina Code (2011) violates the South Carolina Constitution.

 11:30 a.m. (Time Limits: 15-15-5)  
2020-000448   Pickens County, Respondent, v. South Carolina Department of Health and Environmental Control and MRR Pickens, LLC, Petitioners.

Chad N. Johnston, Willoughby and Hoefer, PA, Jessica J.O. King, Williams Mullen Law, Robert F. Goings and Jessica L. Gooding, Goings Law Firm, LLC, Etta R. Linen and Karen Christine Ratigan, South Carolina Department of Health and Environmental Services, of Columbia and R. Walker Humphrey, II, Willoughby and Hoefer, PA, of Charleston for Petitioners.

The Court issued a writ of certiorari to review the court of appeals' decision in Pickens County v. South Carolina Department of Health and Environmental Control, 429 S.C. 92, 837 S.E.2d 743 (Ct. App. 2020).

Wednesday, May 26, 2021
Supreme Court Courtroom
 09:30 a.m. (Time Limits: 15-20-5)  
2020-000523   Carla Denise Garrison and Clint Garrison, Petitioners/Respondents, v. Target Corporation, Respondent/Petitioner.

Joshua T. Hawkins, Helena L. Jedziniak of Hawkins & Jedziniak, LLC of Greenville, and John Howell of Mississippi for Petitioner-Respondents. John C. Moylan, III, of Wyche, PA of Columbia, Knox L. Haynsworth, III of Brown, Massey, Evens, McLeod & Haysnesworth, LLC of Greenville and Lewis F. Powell, III and George P. Sibley, III of Hunton, Andrews, Kurth, LLP of Richmond, Virginia for Respondent-Petitioners. William Grayson Lambert of Burr & Forman, LLP of Columbia as Amici Curiae Chambers of Commerce and Industry Groups.

In this negligence action, the Court granted cross-petitions for a writ of certiorari to review the court of appeals' decision in Garrison v. Target Corporation, 429 S.C. 324, 838 S.E.2d 18 (Ct. App. 2020) to determine whether the court erred in its determinations regarding Target's motion for a judgment notwithstanding the verdict (JNOV) as to liability and the jury's punitive damages award in favor of Garrison.

 10:30 a.m. (Time Limits: 30-30-10)  
2019-001900   Duke Energy Carolinas, LLC, Appellant-Respondent, v. South Carolina Office of Regulatory Staff, Hasala Dharmawardena, CMC Recycling, Cypress Creek Renewables, LLC, SC Department of Consumer Affairs, Sierra Club, South Carolina Coastal Conservation League, South Carolina Energy Users Committee, South Carolina Solar Business Alliance, Inc., the South Carolina State Conference of the National Association for the Advancement of Colored People, Upstate Forever, Vote Solar, and Walmart, Inc., Respondents, of whom South Carolina Energy Users Committee is, Respondent-Appellant.

Heather Shirley Smith, Deputy General Counsel for Duke Energy Carolinas, LLC and Duke Energy Progress, of of Greenville, Frank R. Ellerbe, III and Robert E. Stepp, both of Robinson Gray Stepp & Laffitte, LLC, of Columbia, Sarah P. Spruill, of Haynsworth Sinkler Boyd, P.A., of Greenville and Thomas S. Mullikin, of Mullikin Law Firm, of Camden, for Appellant-Respondent. Scott Elliott, of Elliott & Elliott, P.A., of Columbia, for Respondent-Appellant. Jeffrey M. Nelson, Jenny R. Pittman, C. Lessie Hammonds, Andrew M. Bateman, Alexander W. Knowles and Christopher M. Huber, all of South Carolina Office of Regulatory Staff, of Columbia and Wallace K. Lightsey, of Wyche, P.A., of Greenville, for Respondent. William Grayson Lambert and Bradley S. Wright, both of Burr & Forman LLP, of Columbia, for Amicus Curiae South Carolina Farm Bureau Federation.

This direct, cross-appeal from the Public Service Commission (PSC) is the first of two arguments associated with Duke Energy Progress, LLC's and Duke Energy Carolinas, LLC's (collectively, Duke) most recent ratemaking applications and the PSC's resultant decisions, which were consolidated for purposes of oral argument. In the first argument, the Court will hear Duke's contentions that the PSC incorrectly denied it (1) environmental compliance costs associated with North Carolina law, (2) litigation costs incurred in defending itself from various lawsuits, and (3) a rate of return on specified deferred costs.

 11:30 a.m. (Time Limits: 10-10-5)  
2019-001904   Duke Energy Progress, LLC, Appellant, v. South Carolina Office of Regulatory Staff, Nucor Steel-South Carolina, Cypress Creek Renewables, LLC, SC Department of Consumer Affairs, Sierra Club, South Carolina Coastal Conservation League, South Carolina Energy Users Committee, South Carolina Solar Business Alliance, Incorporated, The South Carolina State Conference of the National Association for the Advancement of Colored People, Upstate Forever, Vote Solar, and Walmart, Inc., Respondents.

Heather Shirley Smith, Deputy General Counsel for Duke Energy Carolinas, LLC and Duke Energy Progress, of of Greenville, Frank R. Ellerbe, III and Robert E. Stepp, both of Robinson Gray Stepp & Laffitte, LLC, of Columbia, Sarah P. Spruill, of Haynsworth Sinkler Boyd, P.A., of Greenville and Thomas S. Mullikin, of Mullikin Law Firm, of Camden, for Appellant-Respondent. Scott Elliott, of Elliott & Elliott, P.A., of Columbia, for Respondent-Appellant. Jeffrey M. Nelson, Jenny R. Pittman, C. Lessie Hammonds, Andrew M. Bateman, Alexander W. Knowles and Christopher M. Huber, all of South Carolina Office of Regulatory Staff, of Columbia and Wallace K. Lightsey, of Wyche, P.A., of Greenville, for Respondent. William Grayson Lambert and Bradley S. Wright, both of Burr & Forman LLP, of Columbia, for Amicus Curiae South Carolina Farm Bureau Federation.

This direct, cross-appeal from the Public Service Commission (PSC) is the second of two arguments associated with Duke Energy Progress, LLC's and Duke Energy Carolinas, LLC's (collectively, Duke) most recent ratemaking applications and the PSC's resultant decisions, which were consolidated for purposes of oral argument. In the second argument, the Court will hear the South Carolina Energy Users Committee's contention that the PSC erred in awarding Duke preconstruction costs associated with a now-abandoned nuclear project.