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Civil Practice – Defamation – Intentional Infliction of Emotional Distress – Rule 60(b), SCRCP Motion
Circuit court properly dismissed appellant’s claims for defamation and intentional infliction of emotional distress. We affirm. Appellant James Earl Tegeler claimed Northgate Baptist Church improperly terminated his employment as music director due to the allegedly defamatory reports of respondents Hannah Collier (Daughter), Charlotte Collier (Mother), and Linda Smith (Grandmother). He contended[...]
Civil Practice – Motion to Intervene – Motion to Set Aside Default Judgment – Service of Process
This cross-appeal arose out of the circuit court’s grant of Trustgard Insurance Company’s motion to intervene and denial of Trustgard’s motion to set aside default judgment. Trustgard appealed the denial of its motion to set aside the default judgment, and Terence Graham appealed the grant of the motion to intervene. We affirm. On January 29, […]
Civil Practice – Damages – Personal Injury – Jury Instructions – Insurance
At plaintiff’s personal injury trial, there was a single brief mention of insurance, unrelated to the issue of damages. Both at the charge conference and after the deliberating jury sent a note saying it “needed to know what insurance has paid for/from both parties,” plaintiff unsuccessfully asked the court to charge the jury that it […]
Civil Practice – Compulsory Counterclaim – Real Property – Mortgages
We agree with our Court of Appeals that a mortgage foreclosure was not a compulsory counterclaim in the petitioner-property owners’ prior action against the respondent-bank for conversion, violation of the attorney preference statute, and violations of the South Carolina Unfair Trade Practices Act. Nevertheless, we abolish the “logical relationship” test on which the Court of […]
Civil Practice – Attorney’s Fee Request – Unauthenticated Contract – Law of the Case
After winning a defense verdict, defendant requested attorney’s fees pursuant to a contract that it had did not introduced at trial, the authenticity of which plaintiff challenged. One of the grounds on which the trial court denied defendant’s request was the disputed authenticity of the contract. If it had filed a motion under Rule 59(e), […]
Civil Practice – Mootness – COVID Relief Funds – Reallocated & Dispersed
When South Carolina’s governor attempted to distribute COVID relief funds to religious and other private schools, the South Carolina Supreme Court ruled that this would be unconstitutional under S.C. Const. art. XI, § 4 (“§ 4”), which prohibits the use of public funds “for the direct benefit of any religious or other private educational institution.” […]
Civil Practice – Judgments – Setoff – Pre- & Post-Trial Settlements – Construction Defects
In this construction-defect case, the defendant-general contractor settled with plaintiffs after the jury returned a verdict against defendants but before judgment was entered. Since the issues presented to the jury included HVAC access and fire separation penetrations, the post-trial settlement amount allocated to the issues of HVAC access and fire separation penetration should have been [&hellip[...]
Civil Practice – Appeals – Service of Notice – Opposing Counsel – Wrong Addresses
Before the deadline for serving notice of appeal on respondent, appellant’s counsel (1) electronically filed its notice of appeal with the circuit court and received an automated reply which acknowledged the filing and said that respondent’s attorneys had been “served electronically,” (2) emailed a .pdf copy of the notice of appeal to one of respondent’s […]
Civil Practice – Contempt – Trusts & Estates – Production of Estate Property
Where the circuit court’s contempt order awarded plaintiff, as personal representative of an estate, $70,000 in fees and costs as compensatory contempt, the award of compensatory contempt was intended to indemnify the estate, not as a punishment. As a sanction for failure to pay the compensatory contempt, defendants would be held in custody until they […]
Civil Practice – Discovery Abuses – Sanctions – Pleadings Struck – Financial Records
In this discovery dispute that began in 2012, in finding that the defendant-Appellants “engaged in a deliberate pattern of discovery abuse,” the circuit court described the many times Appellants missed discovery response deadlines; failed to fully comply with motions to compel; represented to the court they would cooperate in discovery, but then failed to follow […]
Civil Practice – Personal Jurisdiction – Georgia Bank – Relocated Plaintiff – Discovery
Since plaintiff did not move to South Carolina until after his dealings with defendant – a Georgia bank – the bank’s dealings with plaintiff do not give South Carolina’s courts personal jurisdiction over the bank. The bank’s responses to plaintiff’s discovery requests do not change this outcome. We affirm the circuit court’s grant of the […]
Civil Practice – Rule 60(b) Motion – Untimely – Real Property – Partition by Sale
In December 2011, appellant’s sisters filed an action to partition real property they owned with appellant; the partition order was filed on July 19, 2013; this court remitted appellant’s appeal from the partition case on March 10, 2014; respondent Hammel purchased the property on June 23, 2015, and sold the property on May 22, 2018; […]
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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