2024 Chevy Traverse, Lexus GX top this week's new car reviews
From the hills of Missoula to the forests of Germany, we traveled far and wide this week to cover the latest cars coming to market this summer if not sooner. In the immediate term, we finally got to publish our impressions of the latest three-row SUVs with completely different attitudes, one for the supersizing family and the other for off-road...2025 Toyota Crown price bumped $1,090, Nightshade model added
Toyota announced a $1,090 price increase for the 2025 Toyota Crown this week, and it introduced a blacked-out Nightshade model. The high-riding sedan with the standard hybrid powertrain and all-wheel drive starts at $42,535, including a $1,095 destination fee. That's $1,090 more than the 2024 Toyota Crown, which apparently will be short-lived. The...2024 Hyundai Sante Fe, Sonata, Ioniq 5 earn Top Safety Picks
The 2024 Hyundai Ioniq 5 electric crossover aced tougher new crash-test protocols to earn a Top Safety Pick+, the Insurance Institute for Highway Safety (IIHS) announced on Thursday. Hyundai's strong performance in other IIHS crash tests continued down the line, with the redesigned 2024 Hyundai Santa Fe three-row crossover SUV and the redesigned...2024 Chevrolet Traverse
What kind of vehicle is the 2024 Chevrolet Traverse? What does it compare to? The redesigned 2024 Chevrolet Traverse is a three-row crossover SUV sized like the Kia Telluride, Honda Pilot, and Toyota Grand Highlander. Is the 2024 Chevrolet Traverse a good SUV? It looks good, rides well, and gets a slight boost in fuel economy. We give it a TCC...2024 GMC Acadia preview
This preview of the 2024 GMC Acadia three-row crossover SUV will be updated with drive impressions closer to its on-sale date in summer 2024. What kind of vehicle is the 2024 GMC Acadia? What does it compare to? The redesigned 2024 Acadia brings a fresh look to GMC’s three-row crossover SUV, distinct from the related Chevrolet Traverse...2024 Lexus GX
What kind of vehicle is the 2024 Lexus GX? What does it compare to? The Lexus GX 550 is a luxury SUV with two or three rows of seats and real off-road capability. It competes with the Infiniti QX80, Land Rover Defender, and Jeep Grand Cherokee. Is the 2024 Lexus GX a good SUV? The GX 550 is redesigned for 2024 with a turbocharged powertrain, a...2024 Hyundai Sonata preview
What kind of vehicle is the 2024 Hyundai Sonata? What does it compare to? Refreshed for 2024, the Hyundai Sonata midsize sedan sports a new look with an updated interior and three powertrain options, including a hybrid, that should keep it competitive with the redesigned 2023 Honda Accord, Toyota Camry, Nissan Altima, and Subaru Legacy. Is the...2024 Polestar 3 preview
What kind of car is the 2024 Polestar 3? What does it compare to? The Polestar 3 is the first crossover SUV from the electric performance brand spun off of parent company Volvo. The brand’s third model is also its most distinct as Polestar carves out a new personality from its shared DNA. It’s the enthusiast’s take on the...Genesis expands faulty fuel pump recall
Genesis has expanded the recall of vehicles with a faulty fuel pump that can engines to lose power and stall, the NHTSA disclosed Monday. The fuel pump recall initially started in September 2023 and covered about 19,000 cars; it now encompasses 31,440 vehicles from the 2022-2023 model years in addition to 2021 models from the initial recall. The...2025 Subaru Legacy
What kind of vehicle is the 2025 Subaru Legacy? What does it compare to? Few midsize sedans remain on the market, and the 2025 Subaru Legacy marks the last year of production for the affordable all-wheel-drive offering. Competitors include the Toyota Camry and Honda Accord. Is the 2025 Subaru Legacy a good car? Yes. The Subaru Legacy isn’t...Electric G-Wagen, Nissan Rogue top this week's new car news
This week we traveled to the western edge of Montana near the Blackfoot River to soak in the latest version of the Subaru Forester, details of which we'll be sharing May 6. Toyota made news with a big investment in its Princeton, Ind., factory, where it makes its three-row passenger cars in the Sienna, Highlander, and Grand Highlander, and where...How much safer is automatic emergency braking? IIHS finds out
Does automatic emergency braking (AEB) help cars avoid crashes at higher speeds? The Insurance Institute for Highway Safety (IIHS) reports that, like your mileage, your crash results may vary. A new study released Thursday found that increased speeds diminished the efficacy of stopping in nine out of ten popular crossover SUVs tested by the...2025 Kia K5 preview
What kind of vehicle is the 2025 Kia K5? What does it compare to? Formerly called the Kia Optima, the refreshed 2025 K5 midsize sedan tries to keep pace with new iterations of the Toyota Camry, Honda Accord, and the related Hyundai Sonata. Is the 2025 Kia K5 a good car? Historically, it’s a good value, and this year it comes with more...Test drive: 2024 Nissan Rogue improves to be fine and good
When friends and neighbors asked me what I thought of the refreshed 2024 Nissan Rogue SL with AWD, I said, “It’s fine.” That reply wouldn’t suffice any more for them than it would this review. “Good infotainment upgrades, smooth transmission, it’s gotten quieter, and it’s one of the bigger compact...2025 Subaru Outback
What kind of vehicle is the 2025 Subaru Outback? What does it compare to? The 2025 Subaru Outback is a rugged, comfortable five-seat vehicle that blurs the line between station wagon and midsize crossover. It competes with Subaru’s own Forester, as well as the Honda Passport and Hyundai Santa Fe. Is the 2025 Subaru Outback a good SUV? Yes...Closing Out
Well, I have left private practice and have taken a job with the US Attorney's Office. In light of my career change, this blog is shutting down. Thanks to everyone who dropped by for the latest SC legal news.
Merry Christmas.
Constitutional issues with Clinton appointment???
"No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States which shall have been created, or the Emoluments whereof shall have been increased during such time; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office."
Clinton was in the Senate when a pay increase passed for Secretary of State. Thus, under this clause, she is not eligible for the office. This situation has come up in the past and Congress has simply passed a law reducing the salary to what it was before.
The LA Times has more on this issue here.
Who will Obama appoint to SCOTUS?
The LA Times has this article.
The top three are:
Judges Diane Wood, 58, of the U.S. appeals court in Chicago;
Judge Sonia Sotomayor, 54, of the U.S. appeals court in New York;
and Elena Kagan, 48, dean of Harvard Law School.
Billy Wilkins' return to the courtroom as a lawyer meets with success
From the Greenville News:
William W. aBillya Wilkins successfully argued against a motion in a shareholder suit against South Financial that asked for a temporary restraining order barring retirement payments to retired CEO Mack Whittle as part of a an agreement that the suit alleges is aunconscionablea and could threaten the companyas solvency if carried out.
The agreement would pay Whittle $10 million following his retirement in October, attorneys said in court Tuesday during a hearing before Circuit Judge John Few, who denied shareholder Vernon Mercieras request for the restraining order.
Not surprisingly, Wilkins's stock as an advocate is rising.
SCOTUS vacates injunction against Naval use of sonar
Last week, the United States Supreme Court issued its first opinion of the new term: Winter v. Natural Resources Defense Council. This case concerned the Navyas use of mid frequency active sonar, which transmits sound waves at various frequencies. This type of sonar is used in Naval exercises, including training and tracking of submarines. The Ninth Circuit Court of Appeals upheld a preliminary injunction imposing restrictions on the Navyas sonar training, even though the record contained no evidence that marine mammals have been harmed by the activity. In arguing against the injunction, the Navy emphasized that it had used sonar during training exercises off the coast of California for forty (40) years, without a single documented injury to a marine mammal.
The injunction issued based on the Navyas alleged violation of the National Environmental Policy Act of 1969, which requires federal agencies to the fullest extent possible to draft an environmental impact statement for every major federal action affecting the quality of the human environment. The areas of the injunction that were in contention required the sonar to be shut down when a marine mammal was spotted within 2,200 yards of a vessel, and the requirement that the sonar be powered down during significant surface ducting conditions, in which sound travels further than it otherwise would due to temperature differences in adjacent layers of water.
In reversing and vacating the injunction, the Supreme Court noted that the District Court and Court of Appeals held that when a plaintiff demonstrates a strong likelihood of prevailing on the merits, a preliminary injunction may be entered based only on a apossibilitya of irreparable harm. The Supreme Court held that the preliminary injunction standard requires plaintiff seeking relief to demonstrate that irreparable injury is likely in the absence of an injunction. The issuing of a preliminary injunction based only on a possibility of irreparable harm is inconsistent with the courtas characterization of injunctive relief as an extraordinary remedy that may be awarded upon a clear showing that plaintiff is entitled to such relief.
The Supreme Court went on to note that even if the plaintiffs had shown irreparable injury from the training exercises, such an injury was outweighed by the public interest and the Navyas interest in effective, realistic training of its sailors. The court cited testimony from several Naval officers who emphasized that realistic training cannot be accomplished under the two challenged for civic restrictions imposed by the District Court.
Obama could transform the Fourth Circuit
A snippet from the Richmond Times:
As president, Barack Obama and a new U.S. Senate could transform the Richmond-based 4th U.S. Circuit Court of Appeals, long one of the most conservative in the country.
President Bush failed to fill four vacancies on the 15-judge court, which decides cases on issues such as abortion, the death penalty and terrorism.
The Bush administration steered terrorism cases to the court, where it largely has been successful in protecting the president's national-security powers, though not always.
Six of the court's current judges were appointed by Republican presidents and five by Democrats.
Judgment not necessary to pierce corporate veil
In Drury Development v. Foundation Insurance, the South Carolina Supreme Court answered the following certified question: whether a judgment against a corporation is a prerequisite to an alter ego claim. This question has come up often in South Carolina. Frequently, plaintiffs attempt to demand many financial documents of a corporation early in discovery on the basis of an alter ego claim. Defendants often counter that this discovery is premature and improper because no judgment has been entered against the corporation and therefore the issue of veil piercing cannot come up.
Noting that veil-piercing is a form of equitable relief, the South Carolina Supreme Court refused to impose "rigid rules of law to seek substantial justice." The court ultimately held that "so long as the plaintiff has pled facts sufficient to survive a motion to dismiss as to the corporate liability claims and the alter ego claim, the trial court should move forward to determination of both matters."
Voter registration drives
Here is an interesting take on the voter registration movement and the duties of citizenship.
SC Supreme Court says that dreadlocks is insufficient reason to strike juror
In McCrea v. Gheraibeh, the South Carolina Supreme Court reversed the denial of a Batson Motion and remanded the case for a new trial. This case arose out of an automobile accident. When three of six potential black jurors were struck, a Batson Motion was made. During the hearing, the lawyer striking the jurors stated that he struck one man with dreadlocks because he was uneasy about him. In accepting counselas explanation, the trial court stated that he knew both of the attorneys, was aware of their reputations in the community, and that he did not believe that the attorney would engage in racially high motivated conducted. Therefore, the trial judge accepted the auneasinessa argument regarding the dreadlocks.
In reversing on grounds of Batson, the Supreme Court held that uneasiness over dreadlocks was not a race-neutral reason for striking someone. Regardless of their gradual infiltration into mainstream American society, the court stated that dreadlocks retained their roots as a religious and social symbol of black culture. Hence, no race-neutral reason for striking the juror was offered.
Court of Appeals issues opinion on 43k settlements
The following settlement was put on record just before trial:
Your Honor, the settlement thatas been reached is that this case will be dismissed with prejudice by an order of dismissal with prejudice to be consented to by the parties and signed by your honor.
Furthermore, the defendants, each and every one of them, will consent to and sign and deliver to me a confession of judgment which will provide for the payment of $165,000 within 18 months. And there will be additional payment terms in there, $25,000 of the 165 within 30 days.
Further, in kind consideration, in addition to the 165,000 the return of 15 rugs, three of which shall be room size Herizes, the confession of judgment will have an attorneyas fee provision that in the event of default, that the cost of enforcing the judgment or collecting the judgment will be recoverable.
And, finally, the confession of judgment will have a no contest stipulation. If itas required to be domesticated in some state other than South Carolina, the defendants agree not to contest the domestication.
Some weeks after this was put on the record, the parties disputed whether interest was applicable. The court of appeals held that even though interest was not mentioned, it was applicable. The court of appeals held that interest was applicable: "However, interest is provided for by statute. Section 34-31-20(A) provides '[i]n all cases of accounts stated and in all cases wherein any sum or sums of money shall be ascertained and, being due, shall draw interest according to law, the legal interest shall be at the rate of eight and three-fourths percent per annum.'"
The case is Vista Antiques v. Noaha.
Can McCain or Obama Turn the Supreme Court?
Law.com offers this analysis.
SC Supreme Court affirms conviction of criminal solicitation of a minor
In State v. Gaines, the South Carolina Supreme Court upheld a conviction under our recently enacted Criminal Solicitation of a Minor statute. Gaines was an Internet predator who used AOL chat rooms to engage in conversations with young girls. Unknown to Gaines, two of the friends he met on line were police officers. A police officer in Pennsylvania reported his conduct to authorities in South Carolina, and an officer in South Carolina contacted Gaines via AOL. The officer pretended to be a 13 year old girl and Gaines suggested they meet for sex.
After conviction, Gaines appealed and argued that the evidence regarding the chats with the officer in Pennsylvania should have been inadmissible. This contention was rejected because under Rule 404(b) crimes or evidence crimes, wrongs, or acts similar to those that the defendant is on trial for, can be admitted to show motive, identity, or the existence of a common plan or scheme.
Gaines also argued he was entitled to an entrapment instruction. The entrapment defense consists of two elements: (1) government inducement, and (2) lack of pre-disposition. Gaines argued that because the South Carolina police officer first contacted him with the message "Hey" constituted entrapment. The Supreme Court disagreed and said that the initial contact merely afforded Gaines the opportunity to solicit sex. He was in no way induced to commit the crime of criminal solicitation with a minor.
Supreme Court hears case about Navy sonar and whales
From the LA Times:
The Supreme Court justices appeared closely split Wednesday on whether environmental laws can be used to protect whales and other marine mammals from the Navy's use of sonar off the coast of Southern California. A Bush administration lawyer argued that when national security is at stake, the president and his top military commanders are entrusted with setting the rules.
The government is urging the high court to throw out a Los Angeles judge's order that put limits on the Navy's operations. Acting on a suit brought by the Natural Resources Defense Council in Santa Monica, U.S. District Judge Florence-Marie Cooper ordered the Navy to shut down its high-intensity sonar whenever a whale or marine mammal is spotted within 1.25 miles of the ship.
Big Changes at SCOTUS
Law.com has a nice article on the upcoming term and possible changes.
SCOTUS declines to rehear Ban on Execution for Child Rape
The state of Louisiana and the Justice Department had asked the court to reconsider the 5 to 4 decision because the justices had not been presented with what the state and federal government considered an important fact: that Congress in 2006 made child rape a capital offense under military law. This would have perhaps undermined the "national consensus" argument in the majority opinion.
The Court, however, declined to reconsider the issue.
The Washington Post has this article.
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