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 ...
Read More »Civil Practice – Discovery – Confidential Agreements – Attorney-Client Privilege & Work Product – Trusts & Estates – Copyright
Civil Practice – Attorneys’ fees motion was timely filed 
Where the dismissal order neither satisfied the requirements for a judgment nor was entered as a judgment, it did not start the 14-day deadline for filing a motion for attorneys’ fees. As such, the defendant’s motion filed 18 days later ...
Read More »Civil Practice – Constitutional – Due Process – Real Property – Taxation 
In this challenge to a delinquent tax sale, the petitioner-landowners agreed to allow defendants to present their evidence first. In the middle of the trial, after the testimony of just one witness, the special referee made factual findings and issued ...
Read More »Civil Practice – Personal Jurisdiction – Semi-Interactive Website – Vacation Rental 
When defendant HomeAway set up its generally accessible, semi-interactive website, it did not thereby direct electronic activity into South Carolina with the manifest intent of engaging in business or other interactions within this state in particular. The court grants defendant ...
Read More »Civil Practice – Federal credit union’s ‘citizenship’ clarified 
Based on a “straightforward interpretation” of 28 U.S.C. § 1332(c)(1), which governs citizenship of corporations, the credit union is a citizen of Virginia because that is its principal place of business. This analysis was not changed by the fact the ...
Read More »Civil Practice – Discovery – Request to Admit – Failure to Respond – Pro Se Defendant 
Although defendant Mahoney did not respond to defendant Davis Roofing Group’s requests to admit, the master-in-equity did not abuse his discretion when he declined to deem the requests admitted. Mahoney, who was proceeding pro se at the time, denied ever ...
Read More »Civil Practice – Pleadings – Tort/Negligence – Tort Claims Act – Statutory Cap – Entry of Default 
Even though defendant failed to file an answer, since plaintiff filed her complaint pursuant to the Tort Claims Act, she is subject to the act’s statutory damages cap of $300,000. We reiterate our holding in Parker v. Spartanburg Sanitary Sewer ...
Read More »Civil Practice – New Trial Motion – Juror Misconduct Allegation – Prior Arrest 
In support of its Rule 60, SCRCP, motion for a new trial based on juror misconduct, the defendant-city failed to present sufficient evidence that (1) the juror was in fact disqualified by his failure to mention a prior arrest, (2) ...
Read More »Civil Practice – Discovery – Sanctions Motion – No Motion to Compel – Continuance – Forfeiture Action 
A party does not need to file a motion to compel before requesting a sanction for another party’s failure to answer a properly served discovery request. We reverse the trial court’s forfeiture order and remand to allow discovery to be ...
Read More »Civil Practice – Statute of Limitations – Promissory Estoppel – Equitable Claim – Laches 
In response to a question certified to us by the U.S. District Court for the District of South Carolina, we answer, “The statute of limitations in S.C. Code Ann. § 15-3-530 does not apply to a claim for promissory estoppel.” ...
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