Where South Carolina terminated its enrollment agreements with Planned Parenthood because it provided abortion services, a woman who used Planned Parenthood for her gynecological care had standing to sue to enjoin the termination on the grounds it violated Medicaid’s free-choice-of-provider ...
Read More »Bankruptcy – Trustee fails to recover debtor’s IRS tax penalty payments
Where the trustee sued the United States to void a debtor’s tax penalty obligations to the IRS, and to recover the debtor’s prior payments to the IRS, his claims were dismissed. A “noncompensatory tax penalty that is statutorily required and ...
Read More »New charges filed against Murdaugh, Fleming
A grand jury has issued a total of 22 new indictments against suspended attorneys Cory Fleming and Alex Murdaugh, South Carolina Attorney General Alan Wilson announced in a March 16 press release. The new charges—four against Murdaugh and 18 against ...
Read More »Insurance – Auto – UIM Stacking – California Policy – S.C. Property, Lives or Interests
A South Carolina-resident Navy sailor was temporarily in California on his way to deployment in Guam when he bought insurance for the Kia he took with him to Guam. While he was in Guam, his wife and children, who had ...
Read More »Domestic Relations – Equitable Division – Dental Practice Sale – Goodwill – Marital Asset
After the plaintiff-Wife had filed for divorce, she reviewed and agreed to a contract for the sale of the retiring defendant-Husband’s dental practice; the contract specified that $424,140 of the purchase price was for goodwill. Nevertheless, no evidence supports the ...
Read More »Taxation – Real Property – Delinquency Sale – Notice – Rent-to-Own
Although appellant alleges that she had an oral contract with her uncle to buy the Kingstree house in which she was living and that she had made some property tax payments in the past, since her uncle was the record ...
Read More »Tort/Negligence – Plaintiffs’ class counsel awarded over $10 million in attorneys’ fees
Where plaintiffs’ counsel were awarded over $10 million in attorneys’ fees for their role in settling a class action arising out of Lumber Liquidators’ sale of allegedly defective flooring products, objectors failed to show that the award was excessive and ...
Read More »Immigration – BIA erred by not considering murder of asylum applicant’s brother
Where the Honduran native’s first application for asylum was denied as untimely, but he then filed a second application after his brother’s murder, the Board of Immigration Appeals or BIA, erred by refusing to reopen the application. The murder constituted ...
Read More »Immigration – Asylum applicant fails to show attacks were based on targeted group
Where the record showed that the asylum applicant was not targeted because of her membership in a particular social group but because the assailant attacked anyone who aided his former wife, the asylum claim was denied. Background Veronica Toledo-Vasquez petitions ...
Read More »Labor & Employment – Denial of extra pay not based on drama teacher’s race
Where a high school drama teacher alleged the school board failed to pay him for his tech work because of his race, but he had been paid a theater director supplement and he did not allege that any other performing ...
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