South Carolina Lawyers Weekly

Even though the trial court said it was entering “Default Judgment” against plaintiff “as to liability” on defendant’s counterclaims, the trial court also said it would schedule a damages hearing following discovery. A “default judgment as to liability” is no ...

Where the original complaint filed by a landowner alleging her house was damaged when a railroad diverted water asserted only state-law claims for negligence, nuisance and trespass, but her amended complaint included new claims for adverse possession and prescriptive easement ...

Neither party demanded a jury trial in their original pleadings. The trial court allowed defendant to amend its answer to assert counterclaims (for fraud, negligent misrepresentation, and breach of contract) because its original answer already included issues of fraud and ...

Where the North Carolina Attorney General is already representing the state’s interests in defending its voter-ID law and there was no evidence he lacked the “incentive” to robustly litigate on behalf of the law, the district court did not err ...

Petitioners allege that, in the process of approving a development project, the respondent-town and its Board of Architectural Review violated the Freedom of Information Act and town ordinances. At its core, the fight in this case is over whether the ...

Where Arlington County sued a host of opioid manufacturers, distributors and pharmacies in state court for causing, or contributing to, the opioid epidemic in the county, two subcontractors properly removed the suit to federal court. Their operation of a government ...

Before passage of the Eye Care Consumer Protection Law (the Act), pursuant to plaintiff’s business model, plaintiff’s technology allowed an individual to determine the refractive error of her eyesight via computer and smartphone; the data were reviewed by a South ...

Plaintiffs sued defendants for breach of contract and obtained entry of default when defendants failed to timely answer. Although the parties’ contract includes an arbitration provision, defendants are not entitled to an immediate appeal of the denial of their motion ...

When she pleaded guilty to misconduct in office and misuse of public funds, plaintiff also admitted to facts that would have sustained convictions for forgery and perjury. When plaintiff subsequently filed this civil suit based on allegations that directly contradicted ...

In litigation involving the copyright termination rights to a deceased entertainer’s songs, the decedent’s adult children are entitled to discover confidential agreements between the decedent’s estate and defendant Hynie, the mother of one of his children. Hynie has failed to ...