AV Preeminent
Super Lawyers
The Best Lawyers in America
The Greenville News

Cash App, along with other peer to peer funds transferring apps, is an extremely popular, convenient, but unregulated way to manage money. Many people use it as a relatively “frictionless” method to pay for goods and services when those services do not take traditional credit cards or debit cards and when cash is not an option. Cash App was created initially as Square Cash by the Square Corporation, now known as Block Incorporated. It claims something around 51 million monthly transaction active users, making it one of the largest ways to send and receive money by peer to peer cash money transferring apps. Each user creates a $cashtag, which is like the address to which you send and receive money. The cashtag acts like a bank account number. You open an account by providing a phone number and may link your bank account, credit card, or some other funding source.

However, there have been a number of problems reported by users of cash app. The first, and easiest to explain, are run of the mill data breaches. As with any web-based application, you have to trust the security of the application, the software that underlays the application, and the integrity of the employees of the company that runs the service. In Block’s case, a former employee with access to customer information in December of 2021 downloaded the personal information of 8.2 million former and current customers of Cash App. This made possible identity theft and other scams.

There has been a great deal of fraud that is perpetrated through Cash App. Things like scammers calling and impersonating Cash App customer service requesting the pin of the user. This gave those scammers access to the Cash App account of individuals such that they could clear out both the Cash App balance, but also the underlying linked bank accounts. Scammers have also been able to use the lack of compliance standards of Cash App to create misleading user names and cash tags. User names like Donald Trump, Jack Dorsey (founder of Block Incorporated), and Elon Musk proliferate on the platform. Their corresponding cash tags are suggestive that they are tied to each of these individuals. Scammers use these cash tags and user names in order to gull unsuspecting users into believing that they are going to receive money from these famous individuals. In the alternative, scammers can use these famous names and cash tags in order to solicit donations for political campaigns and things of that nature that do not exist. Because Cash App does not have buyer insurance, if you spend money through the platform for goods and services that are not then provided, there is no good way for you to recover your money. Cash App’s willingness to refund money stolen through fraud and by other means has been spotty at best. This has led to Class Action Lawsuits in the past. Further scamming is made all the easier by Cash App’s policy of banning only accounts and not individuals. Scammers, when they are caught, can simply switch accounts.

Dash Cam video recorders are now common in large trucks. They record what the driver is seeing ahead of him. Some record the actions of the driver as well. Others even have cameras to the sides and back of the vehicle. The capabilities of these cameras continues to grow. Certain dash cams can be monitored by dispatchers and others to insure the driver is driving safely and paying attention to the traffic ahead.

Having a knowledgeable attorney in the area of large truck accidents makes a big difference in your case. Unfortunately, most large truck accidents result in serious injury or death. Preserving evidence at an early stage is critical to a successful outcome to one’s case. At Knie & Shealy Law Offices, we sent out preservation letters immediately to all potential responsible parties to ensure that critical evidence is saved by those parties. We also hire accident reconstruction experts to interpret the evidence we receive aa well as human factors experts to see if the truck driver was reacting reasonably.

Not only are dash cams present in many large trucks, they are also present on most police cars as well.  There can be valuable information on them because, not only do they record what the scene looks like immediately following the accident, but they also record sound including eyewitness statements.  Of course most police now wear body cams which also record sound as well.  Such evidence is obtainable under a freedom of information request or by subpoena.  the combination of large truck dash cams, police car dash cams, and body cams can create strong evidence to win a case case in court or settle it very favorably.

Recently the federal judge overseeing the multi-district litigation involving claims by over 16,000 women that Johnson & Johnson’s talc based Baby Powder causes cancer ruled that the claimant’s experts were qualified and could testify in upcoming trials against Johnson & Johnson.  That was great news.  Then two weeks ago Johnson & Johnson announced it would stop selling its talc based Baby Powder.  Once again more great news, but Johnson & Johnson still won’t admit that it’s talc based Baby Powder causes cancer.

Continue Reading ›

Some South Carolina workers’ compensation cases involve the issue of whether a particular injury was work-related or whether the employer has a valid defense against the employee’s claim. Sometimes, however, the real fight is not between the employer and employee, but between other parties. For instance, this can happen when a worker dies as a result of an on-the-job accident, and multiple parties seek death benefits.

Facts of the Case

The plaintiff in a recently decided appellate case was the brother and personal representative of the estate of a man who died when his boat capsized in a pond during a work-related accident in 2013. The plaintiff filed a Form 52 notice of a claim for death benefits a few months after the accident that took the worker’s life. A hearing was held, during which the plaintiff sought workers’ compensation benefits on behalf of the deceased worker’s mother, as next of kin under South Carolina Code § 42-9-140(B). Another claimant sought benefits for herself as the deceased worker’s alleged common law wife or, alternatively, as a dependent.

When someone is hurt at work and files a South Carolina workers’ compensation claim, one of the issues that must be determined is the claimant’s average weekly wage. Usually, this is fairly simple: just add up the worker’s earnings for the past year and divide that number by 52.

Of course, sometimes a worker has not been employed at a particular place long enough for there to be a meaningful accumulation of wage data (in which case a similarly situated worker’s earnings may possibly be used). Other issues can also arise, as was demonstrated in a case in which a worker held two jobs – one paid and one unpaid – and was hurt on the unpaid job.

Facts of the Case

In a recent (unreported) case from the South Carolina Court of Appeals, the plaintiff was a graduate student who worked both as an unpaid intern at a university hospital and as a regular employee at a fast food restaurant. He was hurt during his work as an intern and filed a workers’ compensation claim against the university’s accident fund. Continue Reading ›

Most issues arising in a South Carolina automobile accident case can be handled in state court. Sometimes, however, a case is filed in federal court. When this happens, a state court may be asked to weigh in on a particular issue of South Carolina law.

This is especially likely in cases involving issues which have not previously been addressed specifically by the state courts.

Facts of the Case

In a recently considered declaratory judgment case, the defendant was a man who, along with his late wife, had been involved in an automobile accident caused by a drunk driver. At the time of the accident, the couple was traveling in a car owned by the late wife’s mother. After the wife passed away from injuries suffered in the accident, the drunk driver’s automobile liability insurance company tendered policy limits to the man as compensation for his personal injuries and his late wife’s injuries and wrongful death. The mother’s uninsured/underinsured motorist carrier also paid policy limits to the man. The man’s own UM/UIM carrier tendered UIM bodily injury limits, but it refused the man’s request for additional funds (to be paid from property damage coverage of the “split limits” policy) for potential punitive damages against the drunk driver. Continue Reading ›

South Carolina workers’ compensation cases can sometimes drag on for years, especially if the injured worker allegedly suffers subsequent injuries to the same part of the body. Not all such litigation is pursued by the injured worker against his or her employer, however.

Sometimes, multiple insurance companies seek the courts’ direction as to which is responsible for payment of a workers’ claims. This can happen when the injuries happen at times in which a single employer had different workers’ compensation carriers or if the worker changes jobs and his or her employers are insured by different companies.

Facts of the Case

In a case appealed from the Richland County Circuit Court, the claimant was a man who allegedly hurt his back while working for a particular employer in 2002. The plaintiff was a workers’ compensation insurance company that paid benefits owed to the claimant as a result of this injury. The claimant reached maximum medical improvement in the summer of 2003 and, thereafter, began working for a different employer insured by the defendant workers’ compensation carrier. Continue Reading ›

Most South Carolina medical malpractice lawsuits revolve around the issues of whether the defendant health care provider breached the applicable standard of care and, if so, the amount of compensation due to the victim.However, sometimes there are other issues, such as in a recent case in which the malpractice action was settled, but a dispute arose as to who was entitled to share in the monetary proceeds paid by the allegedly negligent medical providers.

Facts of the Case

In a recently decided appellate case, the plaintiff was the mother of a minor child who died an hour after she was born. The mother brought a wrongful death and survival action against the child’s medical providers, seeking damages for medical malpractice. The mother named the defendant and another man (who was later dismissed from the case) as putative fathers. After the lawsuit was settled, the mother petitioned the trial court to deny the defendant any interest in the wrongful death proceeds, relying on South Carolina Code § 15-51-40. The probate court agreed with the mother that the defendant had failed to provide reasonable support and was thus not entitled to share in the proceeds of the settlement.

When an injured worker files a South Carolina workers’ compensation claim, he or she may be entitled to several kinds of benefits. These benefits may include paid medical care, temporary total disability, and/or permanent partial or permanent total disability payments.

The amount of money that the claimant ultimately receives is based in part upon his or her average weekly wage at the time of the accident or illness giving rise to the claim for benefits. Once a determination has been made that the worker is, in fact, entitled to workers’ compensation benefits, the worker may seek a lump sum payment of part (or all) of the benefits that the employer or its workers’ compensation insurance carrier is ordered to pay.

He or she is not automatically entitled to a lump sum payout, and such a request may be met with great resistance.

Continue Reading ›

Under the law of South Carolina, employers who do business in the state must provide a way for injured employees to receive the benefits to which they are entitled upon the filing of a South Carolina workers’ compensation claim.

There are generally two ways in which this can be accomplished. The employer may purchase a workers’ compensation liability insurance policy or it may qualify as a “self-insured” employer. With regard to the self-insured option, two or more employers in businesses of a similar nature may be allowed to enter into an agreement to pool their workers’ compensation liabilities for the purpose of qualifying as self-insurers.

Facts of the Case

In a case originating in the Richland County Circuit Court, the plaintiffs were members of a home builders’ association that, some years prior, had created a self-insurers’ fund  in order to fulfill their obligations under the law. After the defendant board of trustees announced their intent to wind down the fund and set up a new mutual insurance company, the plaintiffs filed a lawsuit seeking to challenge the board’s authority to use the fund’s assets in that manner. Continue Reading ›

Contact Information