Refuting Fallacies on Appeal – One Way v. Only Way

This post begins a series on logical fallacies that I have run across in handling South Carolina appeals. My thanks to D.Q. McInerny and his book, Being Logical, for naming these fallacies and for its clear examples.

A statute that I dealt with a while back applied when a child is harmed.  Counsel for one of the parents cited cases applying the statute to parental beatings, arguing that the statute did not apply because the parent did not beat the child. Problem was that the statute did not limit who it applied to or the type of harm required. Continue reading “Refuting Fallacies on Appeal – One Way v. Only Way”

South Carolina Lets a $ 450,000 Verdict Stand

On Wednesday, the South Carolina Supreme Court declined to disturb a Court of Appeals decision that upheld a tort victim’s $ 450,000 jury verdict. Curtis v. Blake, 392 S.C. 494, 709 S.E.2d 79 (Ct.App. 2011), cert. dismissed as improvidently granted, Op. No. 2012-MO-043 (S.C. filed October 24, 2012).

On appeal, I defended the verdict by pointing to the Court’s limited, “any evidence” standard of review for a jury’s factual findings. Continue reading “South Carolina Lets a $ 450,000 Verdict Stand”