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Labor & Employment – Gender Discrimination – Retaliation – Title VII of the Civil Rights Act of 1964 – Disparate Treatment – Discriminatory Animus
The district court did not err in granting defendant summary judgment on plaintiff’s gender discrimination and retaliation claims. We affirmed the district court’s judgment. Kristin Cosby appealed the district court’s […]
Civil Practice – Diversity Jurisdiction – Subject Matter Jurisdiction – State-Appointed Receiver – Barton Doctrine
We lacked jurisdiction to review the district court’s remand order under § 1447(d). We dismissed this appeal. Travelers Casualty and Surety Co., which had removed this case from state court […]
Insurance – Breach of Contract – Statute of Limitations – Insurance Policy – Accrual of Action
The circuit court erred in granting summary judgment to State Farm on plaintiff’s breach of contract claim as State Farm was precluded from asserting the defense of the statute of […]
Tort/Negligence – Henderson v. Allied Signal Inc. – Substantial Factor Causation Test – Products Liability – Proximate Cause
We reaffirmed South Carolina’s adherence to the substantial factor causation test we adopted in Henderson v. Allied Signal, Inc. We affirmed the Court of Appeals. In this asbestos/mesothelioma case, we […]
Constitutional – Punitive Damages Award – ‘As Is’ Sale – Duty to Disclose – Right to Due Process
We adopted the court of appeals’ determination that the punitive damages award represents the highest award due process allows considering the particular facts of this case. We affirmed the court […]
Criminal Practice – Mandate Rule – Resentencing – Multiplicity – Presentence Report – Sentencing Package Doctrine
The district court properly concluded that the mandate rule applied, and the court was prohibited from considering any argument outside the scope of our remand. We affirmed the district court’s […]
Elections – Penny Tax Funds – Freedom of Information Act – Standing – Election Challenge
The majority of appellants’ claims are barred as late protests of referenda authorizing the taxes in question. We affirmed the bulk of the order dismissing this case and reversed and […]
Criminal Practice – Driving Under the Influence – Corpus Delecti Rule – Corroboration Rule – Substantial Independent Evidence
The circuit court erred by reversing defendant’s conviction for DUI because the State presented sufficient independent evidence to corroborate respondent’s statements to the police, and that independent evidence, taken together […]
Civil Practice – SCRCP Motion to Dismiss – Lack of Personal Jurisdiction – Motion for Summary Judgment – Matters Outside Third-Party Complaint – Statute of Limitations
The circuit court erred by granting respondent’s motion to dismiss pursuant to Rule 12(b)(6) because its ruling required consideration of matters outside of appellant’s answer and third-party complaint and the […]
Constitutional – Jurisdiction – Excessive Force – Fourth Amendment Rights – Qualified Immunity – Factual Disputes
We lacked jurisdiction over this appeal. We dismissed the appeal. Ted D. Ellis brought this 42 U.S.C. § 1983 action against Cody C. Kirkman and others, alleging that Kirkman, an […]
Insurance – Breach of Contract – Bad Faith – Policy’s Civil Authority Provision – Denial of Coverage
The district court did not erroneously grant defendant insurance company summary judgment on breach of contract and bad faith claims. Finding no error by the district court, we affirmed. This […]
Criminal Practice – Due Process Rights – Request for a Variance – Constitutionally Impermissible Factor of Race – Sentencing Guidelines
The district court sufficiently explained its rejection of defendant’s request for a variance and did not rely on defendant’s race in imposing the sentence. Finding no error, we affirmed 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
- Licenses & Permits – Beer & Wine Permit – Restrictive Covenant – Suitable Location
- Consumer Protection – FCRA – Auto Loan – Bank Accounting Errors
- Licenses & Permits – Veterinarian – Vaccine Maintenance
- Tort – Business Tort – Va. Computer Crimes Act – Trade Secrets
- Textile firm, railroad settle Graniteville train wreck lawsuit
- State regulators look at car dealer accused of lying to customers
- Subprime mortgage meltdown hits securities law
Commentary
- Your best people are not leaving for more money — they are leaving because you stopped paying attention
- Best at Work Insights: The choice we’re making about AI
- Beyond burnout: The case for workplaces where people thrive
- The December question every leader should anticipate
- Best at Work Insights: Don’t Import 996: Why America Should Reject Overwork Culture
- Law ‘n History: The beer, scandal and haunted mansion of the Lemp dynasty
- Using QALY to quantify emotional distress in legal cases
- Building relationships strengthens law firms, professional growth
- Lawyers face new guidance on AI, tech competence
- Reflections of ‘mean judges,’ age and courtroom lessons
- How lawyers can leverage personal connections to build practices
- State bar issues nuanced opinion on AI billing ethics
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