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Criminal Defendant’s confession alone insufficient to support conviction
A defendant who admitted he lied about his intent in purchasing firearms nevertheless had his conviction overturned because there was no independent corroborating evidence or testimony. Background Christopher Rodriguez-Soriano was found guilty of knowingly making a false statement to a licensed firearms dealer in the acquisition of a firearm, stating that he was the actual […]
Insurance Employer as joint insurance plan administrator had fiduciary duty
An employer who allegedly told a beneficiary it would pay death benefits, after the life insurance carrier denied the claim, has been sued by the beneficiary who alleges she relied on the promises to her detriment. Background According to the complaint, while working for National Counseling Group Inc., or NCG, Wayne Murdock elected $150,000 in […]
Civil Practice Company president not personally liable for judgment
A company president is not personally responsible for a multi-million dollar judgment because he was never personally named in the complaint. However, the president might be liable for sanctions because of his conduct during the discovery. Background In December 2010, plaintiff Life Technologies Corp. filed a two-count complaint against the defendant, Life Technologies Corp. alleging […]
Civil Rights Police not liable for failing to intervene during ‘Unite the Right’ rally
Officials who allegedly instructed police to not intervene during the “Unite the Right” rally are nevertheless entitled to immunity against claims brought by a person who was allegedly attacked by protestors. Background Robert Sanchez Turner was attacked by protesters at the “Unite the Right” rally on Aug. 12, 2017, in Charlottesville. Turner claims that, pursuant […]
Immigration Removal not justified by conviction for participation in criminal street gang
A lawful permanent resident could not be removed under the Immigration and Nationality Act based on his conviction for participation in a criminal street gang under Virginia law because an individual can be convicted of that offense without committing a crime involving moral turpitude. Background Melvin Josue Rodriguez Cabrera, a native and citizen of El […]
Civil Rights Prisoner could appeal dismissal of his civil rights complaints
Where a prisoner’s three separate civil rights actions against corrections employees were dismissed on the same day, the prisoner could appeal the dismissals in forma pauperis because a dismissal does not count as a “prior occasion” under the Prison Litigation Reform Act unless it occurred in a different lawsuit. Background Therl Taylor, an indigent state prisoner, filed […]
Civil Rights FOIA Request – Lottery Winners – Declaratory Judgment – Standing
Where (1) appellant’s request for the personal information of lottery winners led to petitioner South Carolina Lottery Commission being sued by one such winner; (2) after respondent provided him with general information about the lottery winners, appellant filed more requests under the Freedom of Information Act; and (3) appellant’s renewed filings led to an even […]
Labor & Employment Age Discrimination Claim – SCHAL – No Private Right of Action – Statute of Limitations
Even though S.C. Code Ann. § 2-13-90(c)(1) of the South Carolina Human Affairs Law (SCHAL) refers to “an action brought under this subsection,” since the statute expressly outlines an administrative remedy, no private cause of action is available for plaintiff under § 1-13-90(c). We affirm summary judgment for the defendant-employer, a state agency. Background Despite […]
Tort/Negligence Defamation – Labor & Employment – Malice – Punitive Damages
After a cursory investigation convinced defendants (plaintiff’s superiors) that plaintiff, a school security guard, had stolen $1,000 from a school for which he was supposed to provide security, defendants told others in the security department that plaintiff would be working a desk job and was not to be assigned work that involved having keys. A […]
Criminal Practice PCR – Insufficient Findings – Appeals – Preservation
In his claim for post-conviction relief, one of petitioner’s contentions was that his trial counsel provided ineffective assistance by referring to petitioner’s presence at a courthouse roll call to answer to another criminal charge and counsel’s characterization of petitioner as a “usual suspect.” Although petitioner did not file a Rule 59(e), SCRCP, motion as to […]
Criminal Practice Jury Instructions – Inferred Malice – Voluntary Manslaughter
Regardless of the evidence presented at trial, a trial court shall no longer instruct a jury that malice may be inferred from the use of a deadly weapon. We reverse our Court of Appeals’ decision and remand for a new trial on the charges of voluntary manslaughter and possession of a weapon during the commission […]
Tort/Negligence Proximate Cause – Suicide – Enhanced Injuries – Air Bag – Certified Questions
In answer to two questions certified by the Fourth Circuit Court of Appeals, the court says (1) South Carolina does not recognize a general rule that suicide is an intervening act that always breaks the chain of causation in a wrongful death action and (2) when there is evidence in a crashworthiness case that the […]
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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