Supreme Court of South Carolina

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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.

 


Tuesday March 5, 2024

09:30 a.m.     (Time Limits: 15-15-5)  
2023-000318   KCI USA, Inc., Respondent, v. South Carolina Department of Revenue, Appellant.

Marcus Dawson Antley, III, and Jason Phillip Luther, of Columbia, for Appellant. James F. Reames, III, and Jennifer Joan Hollingsworth, of Maynard Nexsen, PC, of Columbia; Michael Hilkin, of New York, NY, and Catherine A. Battin, of Chicago, IL, both pro hac vice, of McDermott Will & Emery, LLP, all for Respondent.

These consolidated cases involve a Dormant Commerce Clause constitutional challenge to the durable medical equipment tax exemption found in section 12-36-2120(74) of the South Carolina Code.
 

09:30 a.m.     (Time Limits: 15-15-5)  
2023-000317   Orthofix, Inc., Respondent, v. South Carolina Department of Revenue, Appellant.

Marcus Dawson Antley, III, and Jason Phillip Luther, of Columbia, for Appellant. James F. Reames, III, and Jennifer Joan Hollingsworth, of Maynard Nexsen, PC, of Columbia; Michael Hilkin, of New York, NY, and Catherine A. Battin, of Chicago, IL, both pro hac vice, of McDermott Will & Emery, LLP, all for Respondent.

These consolidated cases involve a Dormant Commerce Clause constitutional challenge to the durable medical equipment tax exemption found in section 12-36-2120(74) of the South Carolina Code.
 

11:30 a.m.     (Time Limits: 15-15-5)  
2022-001095   Samuel Paulino, Claimant, Petitioner, v. Diversified Coatings, Inc., Employer, and Amguard Ins. Co., Carrier, Respondents.

Stephen N. Garcia, of Garcia Law, LLC, of Greenville, for Petitioner. George D. Gallagher, of Speed, Seta, Martin, Trivett, Stubley & Fickling, LLC, of Columbia, for Respondents.

We granted a writ of certiorari to review the court of appeals' opinion in Paulino v. Diversified Coatings, Inc., 2022-UP-096 (S.C. Ct. App. filed Mar. 9, 2022). We will consider whether the Workers' Compensation Commission's finding that the claimant was permanently and totally disabled under S.C. Code Ann. § 42-9-30(21) (2015) was supported by substantial evidence.