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Civil Practice – Products Liability – Modifications to Scheduling Order
Plaintiff’s failure to timely disclose expert testimony, after lacking diligence to modify the scheduling order under Rule 16, was fatal to his product liability claims. We affirmed the district court’s […]
Civil Practice – Article III Standing – Lack of Jurisdiction
Appellant’s operative complaint failed to plead Article III standing. We vacated the order and judgment of the district court and remanded, with instructions for the district court to dismiss without […]
Civil Practice – Waiver of Insufficient Process and Insufficient Service of Process Defenses – Related Back to Original Complaint
The insurer waived process and service defenses, the action was properly commenced, and the amended complaint related back within the statute of limitations. We reversed and remanded the circuit court’s […]
Civil Practice – Res Judicata – Earlier Settlement and Dismissal
A prior settlement agreement and state-court dismissal encompassed all claims that could have been brought in the earlier litigation. We affirmed summary judgment holding that Clear Touch’s federal intellectual property […]
Civil Practice – Federal Arbitration Act – Multi-District Litigation
A district court cannot condition a party’s ability to assert its Federal Arbitration Act (FAA) right to a stay on the consent of multi-district litigation (MDL) lead counsel. We vacated […]
Civil Procedure – Permissive Joinder – Immediate Appealability
Orders granting permissive joinder are not immediately appealable. We dismissed an interlocutory appeal by Plaintiffs challenging the trial court’s order consolidating multiple car-accident lawsuits. Appellants appealed a circuit court order […]
Civil Practice – Jurisdiction – Conspiracy Theory
There are no factual allegations plausibly connecting Third-Party Defendant Westerfeld Construction by Glick LLC to South Carolina. We affirmed the judgment of the district court. Westerfeld Construction, a Florida-based general […]
Civil Practice – Jurisdiction – Section 38-5-70 of the South Carolina Code
Section 38-5-70 of the South Carolina Code does not confer general jurisdiction over Chicago Title Insurance Company upon the courts of this state. We affirmed the circuit court’s order granting […]
Civil Practice – Res Judicata – Collateral Estoppel
Res judicata and collateral estoppel preclude many of the cabinet maker’s claims. We affirmed the district court’s orders. After a squabble developed over a cabinet and closet job for a […]
Civil Practice – Monetary Sanctions – Jury Trial Demand
The circuit court did not err in striking Appellants’ counterclaims and awarding monetary sanctions. We affirmed the order of the circuit court. Appellants appealed the circuit court’s order granting Respondent’s […]
Civil Practice – Attorneys’ Fees – Jurisdiction to Consider Award Fees and Costs
The attorneys’ fees award was inappropriate because Respondent did not plead a claim for fees in its answer. We reversed the attorneys’ fees award in its entirety. This appeal addressed […]
Civil Practice – Class Certification – Breach of Contract
Because Plaintiff’s claim and the claims of all the purported class members are essentially individualized claims requiring mini trials as to each, common questions do not predominate and that therefore […]
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
- We tore out our own backup generator
- When is a PIP an adverse employment action?
- Legally Speaking: What spring can teach us about active listening
- A useful patent management government notice
- The third option: Why your best employees are quietly losing their edge
- ‘AI won’t take your job’ and other things CEOs say before the layoffs
- When not to believe (your lyin’ eyes)
- Conduct a technology audit to improve law firm efficiency
- When the client brings ChatGPT to the consultation
- Where is she now, this model who was so beautiful?
- Content Marketing: Where law firms lose referrals and how to prevent it
- Your best people are not leaving for more money — they are leaving because you stopped paying attention
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