South Carolina Lawyers Weekly

Pursuant to Rule 68, SCRCP, defendants offered judgment “for all claims alleged.” Plaintiff could not accept the offer and still hang on to his claims for treble damages and attorney’s fees. However, he is entitled to costs under Rule 68.  ...

Tagged with: Civil Practice

The appellant-attorneys essentially claim that they have settled cases for less money than they could have received prior to the enactment of the Noneconomic Damages Act of 2005 and the Fairness in Civil Justice Act of 2011; thus, their fees ...

Where a class member objects to a proposed settlement, it must first state its objection with specificity. Then the settling parties must demonstrate that the proposed settlement satisfies the requirements of Fed. R. Civ. P. 23(a). The district court must ...

Where a party consents to the jurisdiction of the magistrate judge, but then seeks to withdraw it before any other party consents, it need not show good cause to withdraw its consent. Background A district court may refer a case ...

Where South Carolina terminated its enrollment agreements with Planned Parenthood because it provided abortion services, a woman who used Planned Parenthood for her gynecological care had standing to sue to enjoin the termination on the grounds it violated Medicaid’s free-choice-of-provider ...

Where abortion providers challenged South Carolina legislation that bans abortions after an ultrasound detects a “fetal heartbeat,” they had third-party standing to do so because they would suffer an injury-in-fact from enforcement and could reasonably be expected to frame the ...

Where a man sued the Maryland governor and attorney general over an executive order that he interpreted as prohibiting him from bidding on state procurement contracts due to his personal boycotts of Israel-tied products, but the executive order only prohibited ...

Where the South Carolina governor had no responsibility for enforcing a provision in the state budget that prohibits school districts from using appropriated funds to impose mask mandates, and the South Carolina attorney general had neither implemented nor threatened to ...

Where DIRECTV prevailed on its Federal Communications Act claim against an individual who stole satellite transmissions, but had to spend more than $60,000 to recover the judgment, its motion to recover fees and costs was granted. Although the statute did ...

Where a historically Black university sought remedies for alleged groundwater contamination caused by an adjacent industrial park, the suit was improperly removed to federal court. The defendants’ adherence to federal law did not mean they were “acting under” federal supervision. ...