Where a husband and wife failed for many years to file required reports of monies held in Swiss bank accounts, and the evidence showed their conduct was reckless, they were liable for enhanced penalties and interests. Background The Bank Secrecy ...
Read More »Administrative – Failure to report Swiss bank accounts prompts fines
Arbitration – Contract Assignment – Arbitration Right Extinguished – Installment Sale 
When plaintiff bought a car from the defendant-auto dealership, the parties’ retail installment sale contract contained an arbitration clause. However, the dealership assigned the contract to a third party, thus extinguishing the dealership’s right to arbitration. We affirm the trial ...
Read More »Domestic Relations – Parent & Child – Lump Child Support – First Impression – Equitable Distribution – Attorney & GAL Fees 
Although a family court may create a trust or require other security to protect child support payments, such a device is generally used to ensure the asset will not be dwindled away by the supporting parent. Here, the trial court ...
Read More »Contract – Settlement Agreement – Performance Dates – Incomplete Performance 
After the plaintiff-parents defaulted on a 2006 loan from their daughter, defendant Marilyn Dillon, in 2013, the parties entered into a settlement agreement requiring the sale of certain Charleston County property that served as security for the loan. Although daughter ...
Read More »Criminal Practice – Attempted Hobbs Act robbery decision creates circuit split 
Attempted Hobbs Act robbery is not a “crime of violence” because it may be committed without the use or attempted use of physical force. This decision splits from three other circuits, which held that attempted Hobbs Act robbery qualifies as ...
Read More »Immigration – El Salvadoran’s persecution based on family memberships merits asylum 
An El Salvadoran petitioner’s repeated testimony that her family was being targeted for extortive threats, and that she was targeted because her parents were failing to comply, entitled her to asylum. The Board of Immigration Appeals erred by concluding that ...
Read More »Civil Practice – Attorneys’ fees motion was timely filed 
Where the dismissal order neither satisfied the requirements for a judgment nor was entered as a judgment, it did not start the 14-day deadline for filing a motion for attorneys’ fees. As such, the defendant’s motion filed 18 days later ...
Read More »Civil Rights – Summary judgment wrongly granted in jail segregation case 
Where the inmate plausibly suggested he was placed in administrative segregation for impermissible reasons the day after he accused a correction officer of sexual assault and argued his segregation was arbitrary, it was improper to grant summary judgment to the ...
Read More »Civil Rights – Speeding officer not entitled to immunity 
Where a police officer who was no longer responding to an emergency but continued to drive on a dark, curved road at nearly twice the speed limit without emergency lights or siren when he struck another vehicle, causing severe orthopedic ...
Read More »Consumer Protection – Loan service company must make tax payment under RESPA 
Where one company received escrow funds for a tax payment to be made on behalf of a borrower, and the servicing rights were transferred in the window between the borrower’s payment to escrow and the tax’s due date, the Real ...
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