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Recent Articles from Correy Stephenson
COA reverses conviction on failure to provide jury with definitions
A trial court erred when it refused to instruct the jury on the definition of second-degree criminal domestic violence (CDV) and moderate bodily injury as part of its first-degree CDV jury instruction, a panel of the South Carolina Court of Appeals has ruled, reversing the defendant’s conviction for criminal domestic violence of a high and […]
DOWN ON THE FARM: Court of Appeals reverses issuance of ag permits
Applicants for state agricultural permits were required to apply for a federal permit, despite the Department of Health and Environmental Control’s issuance of a “no discharge” permit, a panel of the South Carolina Court of Appeals has ruled, reversing an order of the Administrative Law Court (ALC) affirming the issuance of state permits. In 2016, […]
4th Circuit makes new law on class objectors
A district court properly approved the settlement of a long-running class action lawsuit brought by life insurance policyholders, the 4th U.S. Circuit Court of Appeals has ruled, rejecting the objection by a single policyholder and laying down for the first time clear rules about who bears what burdens when a class member objects to a […]
4th Circuit recognizes ‘overtime gap time’ claim under FLSA
An emergency medical services employee adequately alleged a violation of the Fair Labor Standards Act under the theory of “overtime gap time,” the 4th U.S. Circuit Court of Appeals has ruled in reversing summary judgment for the employer. The district court had dismissed the suit based on a “misreading” of the 4th Circuit’s 1996 opinion […]
COA: Joint tenancy survives death of one party
A joint tenancy with a right of survivorship was not severed by the signing of a purchase agreement, allowing one party to keep all the proceeds from a sale after the death of the other owner, a panel of the South Carolina Court of Appeals has ruled, reversing both the probate and circuit courts. Thomas […]
S.C. Supreme Court affirms order on coal-fired power plants
A pair of energy companies can be reimbursed for certain costs but not for environmental compliance costs associated with North Carolina law nor litigation costs incurred in defense against various lawsuits, the South Carolina Supreme Court has ruled, affirming orders from the Public Service Commission (PSC). Duke Energy Carolinas and Duke Energy Progress (collectively, […]
4th Circuit recognizes multiple paths to same-sex Title VII claim
The 4th U.S. Court of Appeals has revived a worker’s claim of same-sex sexual harassment, joining its sister circuits in holding that such plaintiffs aren’t limited to three distinct evidentiary options to make their claims. Chazz Roberts was hired as a “dive tender,” or diver’s assistant, by Glenn Industrial in July 2015. He received and […]
S.C. Supreme Court reverses course on civil conspiracy claims
Overruling decades of precedent, the South Carolina Supreme Court has abolished the requirement of pleading special damages as an element of a civil conspiracy claim, finding that it resulted from a “misinterpretation of law.” Leisel Paradis, a former teacher at James Island Charter High School in the Charleston County School District, filed a complaint […]
Housekeeper’s death arose from motel employment
The death of a motel housekeeper who was required to live at the motel and was murdered in an armed robbery was compensable under South Carolina’s Workers’ Compensation Act because her murder arose from her employment there, the state’s Court of Appeals has ruled in a case of first impression. Hansaben Patel was employed […]
Supreme Court: POA powerless to enter arbitration agreement
Neither of the two powers of attorney granted to the daughter of a nursing home resident conferred the authority to sign an arbitration agreement on her father’s behalf, the South Carolina Supreme Court has ruled, reversing a decision by the state’s Court of Appeals compelling arbitration. Thayer W. Arredondo’s 84-year-old father, Hubert Whaley, suffered […]
Pulp friction: 4th Circuit affirms $9.62M verdict for juice maker
A judge correctly read an ambiguous contract to find that a juice maker had been squeezed by one of its buyers for millions of dollars in rebates that the buyer wasn’t entitled to, the 4th U.S. Court of Appeals has ruled, affirming a $9.26 million verdict in the juice maker’s favor. Gregory Packaging Inc. […]
4th Circuit: Twitter use doesn’t equal juror impropriety
Lacking evidence that a juror who checked her Twitter account during a week-long criminal trial actually read any tweets related to the trial, 4th U.S. Court of Appeals has affirmed the conviction of a former West Virginia Supreme Court justice and rejected his request for an evidentiary hearing to look into the juror’s alleged […]
Business Law
- Economy forces attorneys to get down to business
- Business Court judges trawl for customers
- Va. company's Web site did not subject business to personal jurisdiction in S.C., appeals panel rules
- Former running back from S.C. wins courtroom victory in contract dispute
- Contract – Government Contract – Qui Tam – False Claims Act
- Licenses & Permits – Beer & Wine Permit – Restrictive Covenant – Suitable Location
- Consumer Protection – FCRA – Auto Loan – Bank Accounting Errors
- Licenses & Permits – Veterinarian – Vaccine Maintenance
- Tort – Business Tort – Va. Computer Crimes Act – Trade Secrets
- Textile firm, railroad settle Graniteville train wreck lawsuit
- State regulators look at car dealer accused of lying to customers
- Subprime mortgage meltdown hits securities law
Commentary
- Stericycle decision forces evaluation of policies, practices
- Are workplace DEI policies still legal after SCOTUS decisions?
- Court cases add new twists to legal language
- It’s all business, especially the busyness
- Virginia Tech student got due process in hearing
- High court justices cross the line of propriety
- High court’s term was rough on big business
- The flip side of generative AI in law and how to address it
- The fight for equal educational opportunity continues
- Letter From The Editor – Working from Home
- NLRB joins FTC in taking aim at non-competes
- Supreme Court leaves key internet protection untouched
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