Free Newsletter
Civil Practice – Air Force enjoined from discharging HIV-positives
Two servicemembers discharged after the Air Force determined that HIV made them unfit for service were granted a preliminary injunction because they were likely to show the government violated the Administrative Procedure Act, or APA; that they would suffer irreparable harm without a preliminary injunction while they challenged their discharge, and injunctive relief was in […]
Contract – Enforcement of Iraqi judgment refused
The refusal to enforce an Iraqi judgment because of concerns about the availability of discovery and motions in the Iraqi legal system was based on flawed analysis. The question to be considered is whether the defendant defaulted his right to arbitrate by substantially utilizing the litigation machinery in Iraq before asserting his arbitration defense. Background […]
Tort/Negligence – Premises Liability – Punitive Damages – Statutory Cap – Unpled Affirmative Defense – Waiver – First Impression
Because defendant did not assert the statutory cap on punitive damages as an affirmative defense, defendant waived the statutory cap. We affirm the circuit court’s denial of defendant Target Corp.’s motion for judgment notwithstanding the verdict as to liability. We reverse the circuit court’s setting aside of the punitive damages award. We reverse the circuit […]
Tort/Negligence – False Arrest & Malicious Prosecution – Probable Cause – Stand Your Ground
The fact that an assistant solicitor eventually nolle prossed an assault charge against plaintiff does not mean that plaintiff was falsely arrested or maliciously prosecuted. The Protection of Persons and Property Act does not provide immunity from arrest, only prosecution. We affirm the directed verdict for the defendant-sheriff on plaintiff’s false arrest claim. We reverse […]
Real Property – Inverse Condemnation – Prejudgment Interest – Question for the Court – Novel Question
In this inverse condemnation case, the trial court correctly allowed the jury to decide the question of just compensation while reserving to itself the task of deciding the issue of prejudgment interest. We affirm the trial court’s reliance on S.C. Code Ann. § 28-2-420. After the jury awarded him $134,000 as just compensation for the […]
Contract – Third-Party Beneficiary – Healthcare PPO – Direct Billing
Plaintiff alleges that (1) the defendant-hospital billed her directly in breach of the contract between the hospital and plaintiff’s healthcare insurer and (2) the hospital billed her for more than the rates negotiated between the hospital and the insurer. Despite a “beneficiary disclaimer” in the contract, reading the contract as a whole shows that plaintiff […]
Attorneys – Disciplinary Matter – Agreement for Discipline – Retroactive Discipline.
Attorney’s falsification of billable hours and expense reports warranted a definite suspension as agreed upon by the parties. We accept the parties’ agreement for discipline and impose a definite suspension. Respondent fell behind on billable hours and began falsifying his time and lying to clients about his uncompleted work. Respondent also falsified expense reports, receiving […]
Landlord/Tenant – Hangar Space – Ejectment – Right to Occupy – Mootness
Tenant lacked the right to occupy leased hangar space where owner of airport terminated its agreement with the management company that originally leased the space to tenant and accordingly became the party with the right to modify the relationship, which it did by executing a new space use permit. We reversed the court of appeal’s […]
Tort/Negligence – Premises Liability – Punitive Damages – Statutory Cap – Unpled Affirmative Defense – Waiver – First Impression
Because defendant did not assert the statutory cap on punitive damages as an affirmative defense, defendant waived the statutory cap. We affirm the circuit court’s denial of defendant Target Corp.’s motion for judgment notwithstanding the verdict as to liability. We reverse the circuit court’s setting aside of the punitive damages award. We reverse the circuit […]
Real Property – Inverse Condemnation – Prejudgment Interest – Question for the Court – Novel Question
In this inverse condemnation case, the trial court correctly allowed the jury to decide the question of just compensation while reserving to itself the task of deciding the issue of prejudgment interest. We affirm the trial court’s reliance on S.C. Code Ann. § 28-2-420. After the jury awarded him $134,000 as just compensation for the […]
Contract –Third-Party Beneficiary – Healthcare PPO – Direct Billing
Plaintiff alleges that (1) the defendant-hospital billed her directly in breach of the contract between the hospital and plaintiff’s healthcare insurer and (2) the hospital billed her for more than the rates negotiated between the hospital and the insurer. Despite a “beneficiary disclaimer” in the contract, reading the contract as a whole shows that plaintiff […]
Criminal – Upward sentence departure of 143 months found unreasonable
A defendant who pleaded guilty to arson and was convicted of making a false statement to influence a bank loan is entitled to resentencing because the district court failed to identify an aggravating circumstance not accounted for by the sentencing guidelines when imposing a 240-month sentence, which represented a 143-month upward departure from the guidelines. […]
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
Polls
Loading ...
SC Lawyers Weekly keeps you connected with the latest legal news, Daily Practice and Breaking
News alerts.
Sign-up for SC Lawyers Weekly Email Alerts
