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Recent Articles from Sharon McCloskey
The limits of oppression
Andrew Ballard had the idea for a marina on Lake Keowee, had a specific spot in mind, and had a lease in hand. What he needed were partners with money. He eventually found them, and sold them a majority stake in his venture. Within just a few months, Ballard’s new partners decided there was one thing the planned marina didn’t actually need: Ballard.
Judge has no faith in bad-faith verdict
MI Windows and Doors was sitting pretty in February, when a Charleston jury awarded the window manufacturer more than $13 million in damages on bad faith counterclaims against its insurer, Liberty Mutual. Then along came the post-trial motions, and with the stroke of a pen by U.S. District Judge Margaret B. Seymour, the $13 million vanished.
Jury awards $4.2M verdict in stolen IP claim
Forensic evidence, source code, plenty of techie expert testimony, and a jury verdict. Must be the Apple v. Samsung trial, right? Not quite – this one played out on a smaller scale in federal court in Charlotte over the summer, but the premise was the same.
Insurer gives money back
Insurance giant American International Group and related subsidiaries have agreed to pay $4 million to settle claims that they charged almost 6,000 South Carolina companies inflated premiums for workers’ compensation insurance during the 2005- 2007 policy years.
Setback doesn’t slow down serial litigant
Maybe the courts have gotten tired of retired Greenville paving contractor Edward “Ned” Sloan Jr. But he certainly hasn’t gotten tired of them.
Timing is everything: Appeals ruling arrives at the right moment for plaintiff
On July 5, when the 4th U.S. Circuit Court of Appeals ruled against a life insurer which had accepted premium payments, but later declared the deceased hasn’t been eligible for coverage, attorneys hailed the ruling as one of the most important Employment Retirement Income and Security Act decisions to come out of the court in years.
Death of a salesman’s overtime
In late June, as anticipation grew for a decision on the Affordable Care Act, the U.S. Supreme Court handed down a decision of equal importance – at least to some 90,000 pharmaceutical sales representatives across the country. In a 5-4 ruling in Christopher v. SmithKline Beecham Corp., the court decided that those representatives do not qualify for overtime pay under the Fair Labor Standards Act[...]
Stucco class action proves sticky
What exactly was that $825,000 for? That’s the question Court of Common Pleas Judge J. Mark Hayes III wants two Charleston law firms to answer at an October 1 hearing he’s ordered them to attend.
Billing ‘round the clock
Now that everyone’s had a good snicker over the apparent inability of Sumter attorney Charles T. Brooks III to understand how many hours constitute a day — for the record, it’s 24 (although science pegs it at 23 hours, 56 minutes, 4.091 seconds) — it’s instructive to ponder exactly how Brooks lost track of time.
Child’s coffee burns prompt $475,000 settlement
Breakfast out with the grandparents didn’t go quite as hoped when 3-year old Mason Conley and his 4-year-old cousin visited Sea Captain’s Restaurant in Myrtle Beach in May 2011. Their waitress left a pot of coffee near the two children, who then knocked it over, spilling coffee on Mason’s lap and giving him second- and third-degree burns.
Wrong claim on wrongful computer use
Authorized access to a computer for an alleged unlawful purpose does not give rise to liability under the Computer Fraud and Abuse Act, the 4th U.S. Circuit Court of Appeals held on July 26, joining the Ninth Circuit in a growing split among the circuits and a possible showdown before the U.S. Supreme Court next term.
The strong-arm of the law
Adult video companies use the legal system to bully payments out of computer owners, but the days of easy money may be ending. Critics say the porn purveyors make more money from defendants than they’d ever make on their movies. Attorneys believe the companies are gaming the system. One federal judge called the scheme a “shakedown,” while another referred to it as “extortion.”
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
- Tort – Business Tort – Va. Computer Crimes Act – Trade Secrets
- Consumer Protection – FCRA – Auto Loan – Bank Accounting Errors
- Licenses & Permits – Beer & Wine Permit – Restrictive Covenant – Suitable Location
- Licenses & Permits – Veterinarian – Vaccine Maintenance
- State regulators look at car dealer accused of lying to customers
- Textile firm, railroad settle Graniteville train wreck lawsuit
- Subprime mortgage meltdown hits securities law
Commentary
- 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
- US Supreme Court bites back at parody’s use of the First Amendment
- My goal: Provide the information that you need now
- Case study: North Carolina courts provide guidance on scope, limitations of attorney-client privilege
- A Different Ode to Pro Bono Work
- N.C. Bar Association embraces homophobia
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