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Arbitration – Nursing Home – Admission Contract – Separate Arbitration Agreement – Agency
While the Adult Health Care Consent Act gave patient Betty’s son, Kaileb, authority to sign a nursing home Admission Agreement on behalf of Betty, the AHCCA did not give Kaileb authority to sign a separate Arbitration Agreement on Betty’s behalf. Although Kaileb signed both agreements at the same time, the terms of the Arbitration Agreement […]
Real Property – Mortgages – Foreclosure – Former FDIC Asset – Subject Matter Jurisdiction – FIRREA
The Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA) limits judicial review so as to enable the Federal Deposit Insurance Co. to act expeditiously to resolve and liquidate failed financial institutions. Even though the jurisdictional bar in 12 U.S.C. § 1821(d)(13)(D) is not limited to creditors, we believe it is limited to claims […]
Tort/Negligence – Conversion – Conservatorship – Loan to Granddaughter – Standing
A grandmother (Grandmother) lent money to her granddaughter (Granddaughter) so Granddaughter could buy certain property (the Goose Creek property). Granddaughter sold the Goose Creek property without repaying the loan. Grandmother’s Conservator has standing to seek repayment of the loan via this conversion action, including against Grandmother’s daughter (Daughter 1), who allegedly received pa[...]
Workers’ Compensation – Initially Unknown Cause – Difficult Diagnosis – Rotator Cuff Tear
It took a while for claimant’s doctors to figure out that her chest, shoulder and arm pain were coming from a work-related shoulder injury and even longer for them to figure out that she had suffered a rotator cuff tear, most likely at her job as a laminator, where she lifted heavy rolls of printing […]
Labor & Employment – Class Action – Restaurant Franchises – Tip Policy
The plaintiff-server filed this purported class action, alleging that Ladles Soups restaurants had a policy of withholding their servers’ credit card tips. The Ladles Soups restaurant for which plaintiff worked is not a party to this appeal. Since plaintiff had no employment relationship with appellants (other Ladles Soups restaurants and franchisors), he lacks standing to […]
Tort/Negligence – Landlord/Tenant – Roof Damage – Repair Process – Direct vs. Vicarious Liability
After a hurricane damaged the roof of a rental house, the defendant-landlord hired a contractor to repair the roof. The contractor moved decorative railroad ties to improve access, and the plaintiff-tenant’s late wife tripped over one of the moved ties and suffered injuries from her fall (she later died of unrelated causes). Where plaintiff stipulated […]
Real Property – Public Trust – Beach Avulsion – Ownership – Standing
Plaintiffs – property owners, organizations of which they are members, and the City of Folly Beach – sufficiently alleged a claim that portions of beachfront lots in Folly Beach, which were replenished in 2018, are public trust property. We reverse the master-in-equity’s decision in favor of the defendant-owners/developers of the renourished “super-beachfront” lots. The law […]
Real Property – Easements – Scope of Permission – Adverse Possession
Plaintiff’s land lies next to that of a church, and the church granted him permission to use the church’s land to get from his house on the front part of his lot to his landscaping workshop on the rear of his lot. While plaintiff contends that his use of the church’s land exceeded the permission […]
Criminal Practice – PCR – Ineffective Assistance Claim – Homicide by Child Abuse – Prior Bad Acts
Petitioner was convicted of homicide by child abuse (HCA) after (1) he woke to find his four-month-old adopted son (Victim) asphyxiated underneath his armpit; (2) petitioner successfully performed CPR; (3) he left Victim in his playpen and went outside to mow the lawn; (4) petitioner’s wife awoke to find Victim was not breathing; (5) a […]
Tort/Negligence – Negligent Misrepresentation – Real Property – Wood-Destroying Fungi
During the lead-up to the sale of a house in Pawley’s Island, the sellers’ real estate agent told the buyers’ real estate agent, “CL-100 was done yesterday and from what I understand it was good, but I can obtain the report if/when necessary as the sellers paid for it.” In fact, the sellers’ agent had […]
Judges – Criminal Contempt Order – Appeals – Notice to State – Recusal Hearing – Attorneys
When she appealed a family court order holding her in criminal contempt, the appellant-attorney served notice on the family court judge and the county clerk of court. The Attorney General’s office informed this court that it would be appearing pursuant to S.C. Code Ann. § 1-4-40 (the Attorney General “shall appear for the State in […]
Corporate – Shareholder Status – Statute of Frauds – Statute of Limitations – Estoppel
Even though the December 10, 1998, minutes for the organizational meeting of defendant Piedmont Glass & Mirror Co., Inc., said that subscriptions for shares in the company were conditioned “upon payment,” since it was clear that defendant David Taylor did not pay for his shares (he admitted that he considered his $42,000 payment to 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
- Stericycle decision forces evaluation of policies, practices
- Are workplace DEI policies still legal after SCOTUS decisions?
- Court cases add new twists to legal language
- It’s all business, especially the busyness
- Virginia Tech student got due process in hearing
- 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
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