Free Newsletter
Civil Practice – Venue – Contract – Forum Selection Clause – New Jersey Denny’s Franchise
Where an experienced franchise owner willingly agreed to litigate her claims in South Carolina courts, this court will enforce the forum selection clauses in the parties’ franchise and guaranty agreements. The court denies defendants’ motion to dismiss for improper venue or to transfer venue to New Jersey. Although a number of relevant events occurred outside […]
Civil Practice – Venue – Contract – Forum Selection Clause – Franchise
The parties’ franchise agreement includes a valid, mandatory forum selection clause, selecting South Carolina as the forum for litigating disputes; furthermore, transfer of this action from South Carolina to Kansas would only shift the burden of inconvenience from defendants to plaintiff. The court denies defendants’ motions to dismiss for improper venue and to transfer venue. […]
Civil Practice – Court lacked jurisdiction to weigh equitable tolling
A petitioner filed her “innocent spouse” tax claim one week late because IRS representatives allegedly misinformed her of the filing deadline, but the U.S. Tax Court had no authority to waive compliance. Background The IRS charged Shari and Derek Nauflett as jointly and severally liable for unpaid taxes, interest, and penalties for tax years 2002–04 […]
Civil Practice – PETA can challenge N.C. employee access law
Animal rights groups sufficiently alleged an injury-in-fact to support their standing to challenge a recent North Carolina statute allowing employers to hold their employees civilly liable for damage caused by unauthorized access to nonpublic areas. Background The North Carolina Property Protection Act provides a private right of action against any person who “exceed[s] the scope […]
Civil Practice – $150,000 sanction on counsel, firms upheld
Attorneys’ “egregious” conduct was designed to, and did, mislead the district court, the 4th Circuit affirmed. They challenged the authenticity of a loan agreement for two years before revealing that they possessed an identical copy, obtained from their client, before filing the complaint. Their firms ratified their conduct and were thus jointly liable, though an […]
Civil Practice – Judgment debtor didn’t delay payment owed to Medicare
A plaintiff who was owed a medical-malpractice judgment that would partially be reimbursed to Medicare had standing to sue the judgment debtor for delayed payment. However, the 37 days between the judgment and payment did not constitute “delay.” Background In 1980, Congress enacted the Medicare Secondary Payer Act, making Medicare an entitlement of last resort, […]
Civil Practice – FAA service of final decision was proper
The Federal Aviation Administration’s extensions of its own decision deadlines were not equitable justification for untimely filing of a petition to review its ultimate determination. Background The Grand Strand Airport is a public use, general aviation airport located in Horry County, South Carolina. Petitioner Skydive Myrtle Beach Inc. is a commercial skydiving operator that uses […]
Civil Practice – Rule 21 – Insurance – Workers’ Compensation – Guaranty Association
Our appellate courts have not yet decided whether an unincorporated business trust can be sued after it has voluntarily dissolved; therefore, it was not within the circuit court’s discretion to dismiss such a claim under Rule 21, SCRCP. We reverse the circuit court’s grant of defendant CompTrustAGC of South Carolina’s motions to quash discovery and […]
Civil Practice – Judgments – Post-Mediation Dismissal – Clerk’s Jurisdiction
Even though the parties had agreed to settle their dispute, the clerk of court had no authority to dismiss their case without notice or hearing. We reverse the trial court’s denial of plaintiff’s motion under Rule 60, SCRCP. After the parties settled their dispute in mediation, the clerk of court signed and filed a Form […]
Civil Practice – Rule 59(e) – No Extensions – Banks & Banking – Non-Customer
We reiterate that the 10-day deadline in Rule 59(e), SCRCP, is an absolute deadline. A trial court does not have the power to alter or amend a final order if more than 10 days pass and no Rule 59(e) motion has been served, nor does a trial court have any power to grant the moving […]
Civil Practice – Personal Jurisdiction – Chinese Manufacturer – U.S. Distributor
Though the Chinese defendants manufactured tires for distribution in the United States and entered into a contract with a U.S. company to distribute those tires, these facts do not constitute purposeful availment of the South Carolina market. The court grants defendants Huangzho General Rubber Factory and Huangzhou Zongce Rubber Co., Ltd.’s (collectively HZR) motion to […]
Civil Practice – Abstention & Res Judicata – Real Property – Mortgages
In a separate lawsuit (Whitt I), plaintiff alleged violations of the Consumer Financial Protection Bureau regulations and various state-law claims; in this lawsuit (Whitt II), plaintiff challenges defendants’ pursuit of foreclosure while they were simultaneously offering plaintiff a loan modification. Where Whitt I was dismissed on abstention principles, there was no final judgment on the [&hell[...]
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
- Tort – Business Tort – Va. Computer Crimes Act – Trade Secrets
- Consumer Protection – FCRA – Auto Loan – Bank Accounting Errors
- Licenses & Permits – Beer & Wine Permit – Restrictive Covenant – Suitable Location
- Licenses & Permits – Veterinarian – Vaccine Maintenance
- State regulators look at car dealer accused of lying to customers
- Textile firm, railroad settle Graniteville train wreck lawsuit
- Subprime mortgage meltdown hits securities law
Commentary
- 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
- US Supreme Court bites back at parody’s use of the First Amendment
- My goal: Provide the information that you need now
- Case study: North Carolina courts provide guidance on scope, limitations of attorney-client privilege
- A Different Ode to Pro Bono Work
- N.C. Bar Association embraces homophobia
Polls
Loading ...
SC Lawyers Weekly keeps you connected with the latest legal news, Daily Practice and Breaking
News alerts.
Sign-up for SC Lawyers Weekly Email Alerts
