South Carolina Lawyers Weekly

May 18, 2026

Supreme Court backs jurisdiction in FAA arbitration case

A federal court that stayed an employment discrimination case based on a binding arbitration clause retained jurisdiction to decide the merits of an arbitral award in favor […]

Apr 20, 2026

Chevron can keep environmental case in fed court, SCOTUS rules

Chevron USA Inc. can invoke the federal officer removal statute to defeat an effort to remand to state court 42 environmental suits brought by a Louisiana parish alleging the […]

Aug 27, 2025

4th Circuit affirms fee award, rejects appellate fees in removal case

The 4th Circuit upheld a $63,000 fee award in Black v. Mantei but denied appellate fees, creating a circuit split with the 7th Circuit.

Oct 4, 2024

Civil RICO: A tool of advocacy

Since 1985, RICO has become the weapon of choice for civil plaintiffs because of the broad and liberal construction of the statute and the potential of the litigation equivalent of terror or a thermonuclear device — the availability of treble damages.

Jul 12, 2018

Civil Practice – Federal Jurisdiction – Enforcement of Prior Orders – Case Closed – Remand

The parties to this case are not diverse, and no federal question has been raised. Defendants allege this court has ancillary jurisdiction because of an allegedly factually interdependent federal case; […]

Sep 19, 2012

Civil Practice – Federal Jurisdiction – Removal – Diversity – Turkish National – Labor & Employment

Sonoco Products Co. v. Guven Even though the Turkish defendant accepted a job in South Carolina and listed an S.C. address on an application to renew his re-entry permit, since defendant was not domiciled in South Carolina when this lawsuit was filed, there is diversity of citizenship between the parties.

Aug 22, 2012

Attorneys – Tort/Negligence – Legal Malpractice Claim – Civil Practice – Federal Jurisdiction – Patent Law – Expert Affidavit

Weil v. Killough The plaintiff-client alleges that the defendant-attorney, who also served as the client’s attorney-in-fact, failed to inform the client when the Patent and Trademark Office sent the attorney notice that a 7.5-year maintenance fee was due on the client’s patent.

Apr 18, 2012

Civil Practice – Federal Jurisdiction – Diversity – Interpleader – Insurance Proceeds – Non-Diverse Counterclaim Defendant – Crossclaim — Domestic Dispute

Barber v. American Family Home Insurance Co. Plaintiff Nancy Barber filed a breach of contract action against the defendant-insurer after the insurer made a check for insurance proceeds payable to both Nancy Barber and Kelly Barber.

Apr 18, 2012

Tort/Negligence – Defamation – Labor & Employment – Wrongful Termination – Civil Practice – Federal Jurisdiction – Diversity – Supervisors

Ragin v. Pilgrim’s Pride Corp. of GA Contrary to defendants’ argument, Yost v. City of Charleston (D.S.C. Nov. 24, 2009) does not stand for the proposition that a plaintiff may not sue co-workers for a defamatory statement made in connection with the plaintiff’s termination if the statements were made within the course and scope of their employment.

Mar 9, 2012

Civil Practice – Federal Jurisdiction – Diversity — Remand – Tort/Negligence – Storage Facility Manager

Doe v. OwenMcClelland LLC Plaintiff alleges that she was kidnapped, beaten, held against her will, and raped while a customer on the premises of the All-Safe Storage facility in Seneca. Although defendants contend that the facility manager was fraudulently joined as a defendant in order to defeat diversity jurisdiction, plaintiff has alleged that the manager had sufficient control over th[...]

Jan 26, 2012

Labor & Employment – Civil Rights — Race Discrimination Claim – Federal Jurisdiction – State Court — Removal

Bullock v. Napolitano The 4th Circuit upholds dismissal of this Title VII race discrimination suit filed by an African-American who was dismissed from the federal air marshal training program; the U.S. did not consent to be sued in North Carolina state court and removal of the suit to federal court, under the doctrine of derivative jurisdiction, did not cure that jurisdictional defect.

Jan 5, 2012

Civil Practice – Federal Jurisdiction – Damages – Attorneys – Legal Malpractice Claim – Real Property – Title Insurance

Fidelity National Title Insurance Co. v. Bernstein According to the plaintiff-title insurer, the defendant-attorney negligently failed to have a prior $200,000 mortgage cancelled or released as part of a real estate closing; later, the bank foreclosed, and the title insurer had to pay $200,000 to satisfy the prior mortgage. Although the foreclosing bank still has the mortgaged properties [...]