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Tort/Negligence – Equitable Indemnity – Attorney’s Fees – First Impression – Sidewalk Construction – Curb Ramp
In this case involving equitable indemnity from a third-party defendant, we follow the majority rule as to attorney’s fees: the third-party plaintiffs may recover the attorneys’ fees they incurred in defending the underlying lawsuit but not the attorneys’ fees they incurred in pursuing their indemnity claim. Since the third-party plaintiff-tenant’s request for attorneys’ fees did [&helli[...]
Contract – Statute of Frauds – Loan – Primary Use – Statute of Limitations
As part of her realty business, defendant self-financed mortgages for some of her customers, including the Wagners. When the Wagners could not make the balloon payment required by defendant’s loan to them, plaintiff lent the Wagners the $210,000 balance, which they were to repay when they sold the property. However, after the closing, defendant gave […]
Criminal Practice – Search & Seizure – Consensual Encounter – Terry Frisk
In denying defendant’s motion to suppress, the trial court found: (1) law enforcement initiated a conversation with defendant; (2) defendant willingly stopped and spoke with law enforcement; (3) law enforcement notified defendant they were law enforcement; (4) law enforcement never told defendant he was not free to leave; and (5) defendant was originally forthcoming with […]
Civil Practice – Class Action – Department of Revenue – Wage Garnishment – Agency Debt Collection
S.C. Code Ann. § 12-60-80(C) of the Revenue Procedures Act plainly states that the Department of Revenue “may not be named or made a defendant in any … class action brought in this State.” We reject the circuit court’s ruling that this defense does not apply to a case involving the department’s garnishment of plaintiffs’ […]
Insurance – Auto – UM Claims Denial – Statutory Prerequisite – Summary Judgment Stage
In its pleadings, the defendant-insurer asserted that plaintiff could not recover on its uninsured motorist claims because defendant provided only excess coverage. Defendant waited until the summary judgment stage to argue that plaintiff’s claims failed because plaintiff had not sued and obtained judgments against the uninsured motorists. Since suing the uninsured motorists is an element [&helli[...]
Criminal Practice – DUI – Search & Seizure – Warrantless Blood Draw – Serious Accident – Unknown Substances
Even though defendant’s breath did not smell of alcohol, (1) he veered into oncoming traffic, causing serious injuries; (2) he claimed his brakes failed, but his explanation would mean he did not have functioning brakes; (3) his eyes were glassy and his pupils were dilated; (4) the accident occurred at rush hour, and several of […]
Criminal Practice – Murder – Mutual Combat – Gun Battle – Innocent Bystander – First Impression
Even though the bullet that killed an eight-year-old child was intended for defendant, since defendant was engaged in a gun battle with the shooter, defendant is guilty of the child’s murder under the theory of mutual combat. We affirm defendant’s conviction of murder. Under the theory of mutual combat, each combatant is criminally responsible for […]
Civil Practice – Appeals – Interlocutory – Class Action Certification – Adoption Confidentiality
The circuit court certified a plaintiff class of parents who adopted special-needs children and then had their subsidies reduced by the state. The certification order is not immediately appealable because (1) it is not certain that the children’s confidential adoptive status will be disclosed (the named plaintiffs have been ordered to prepare for the circuit […]
Prisons & Jails – Parole – Two-Thirds Vote
In 2001, respondent was wrongly requiring the votes of five members of the parole board before it would grant parole; the relevant statute required only a two-thirds vote of the board members present (not two-thirds of the entire seven-member board). The only evidence of the vote count at petitioner’s 2001 parole hearing was that four […]
Criminal Practice – Constitutional – Right to Counsel – Magistrate’s Court – Dangers of Self-Representation – Appeals – Issue Preservation
The record on appeal shows that the magistrate advised defendant of his right to be represented by an attorney, but the record is silent as to whether the magistrate advised defendant of the dangers of representing himself. We remand to the circuit court for a hearing on whether defendant knowingly and intelligently waived his right […]
Criminal Practice – Appeals – Non-prejudicial Error – State Not Aggrieved
Even though the Court of Appeals held that the trial court erred by admitting three victims’ identification testimony, since the Court of Appeals held the error was harmless and affirmed defendant’s convictions, the state is not aggrieved by the decision of the Court of Appeals. We dismiss the writ of certiorari as improvidently granted. State […]
Immigration – Petitioner not afforded due process rights
Where the Board of Immigration Appeals instructed the Immigration Judge to allow a petitioner from Cameroon to explain inconsistencies in her prior testimony, her due process rights were violated when the judge denied her application for asylum before she was afforded an opportunity to explain inconsistencies. Background Ngawung Atemnkeng, a citizen of Cameroon, fled her […]
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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