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Civil Practice – Consolidation Motion – Separate Contracts & Defendants – Choice of Law
Carolina Cargo, Inc. of Rock Hill v. Countrywide Payroll & HR Solutions, Inc. (Lawyers Weekly No. 002-054-17, 5 pp.) (J. Michelle Childs, J.) 0:16-cv-03249; D.S.C. Holding: Even though plaintiff received an invoice bearing the logos of both defendant Countrywide Payroll & HR Solutions, Inc. (civil action 0:16-cv-03249), and defendant P.T.O. Services, Inc. (civil action 0:15-cv-04729), [&he[...]
Civil Practice – Preliminary Injunction – Real Property – Purchase Financing – Alternate Lenders
CitiSculpt, LLC v. Advanced Commercial Credit International Ltd. (Lawyers Weekly No. 002-053-17, 5 pp.) (Bruce Howe Hendricks, J.) 6:17-cv-00069; D.S.C. Holding: After defendant allegedly breached its contract to provide financing for plaintiff to buy property in at 10 S. Academy Street in Greenville County, plaintiff filed suit alleging fraud in the inducement, negligent misrepresentation, and [&[...]
Civil Practice – Impleader – Contract – Equipment Sales – Not Derivative
CNH Industrial Capital America LLC v. Able Contracting, Inc. (Lawyers Weekly No. 002-052-17, 6 pp.) (Richard Mark Gergel, J.) 9:16-cv-02520; D.S.C. Holding: Plaintiff alleges (1) breach of contract based on defendants’ alleged nonpayment of balances owed under three sales contracts for new equipment, (2) plaintiff’s right to possession of a tractor, and (3) breach of […]
Civil Practice – Discovery – Ponzi Scheme Defendant – Ordinarily Prudent Person – Other Investors – In Pari Delicto
Ashmore v. Dodds (Lawyers Weekly No. 002-046-17, 9 pp.) (J. Michelle Childs, J.) 8:15-cv-00561; D.S.C. Holding: One element of a fraudulent conveyance claim is that defendant had notice of circumstances which would arouse the suspicion of an ordinarily prudent person and cause him to make inquiry as to the purpose for which the transfer was […]
Civil Practice – Venue – Insurance – S.C. Event Cancellation – Connecticut Policy
HDMG Entertainment, LLC v. Certain Underwriters at Lloyd’s of London (Lawyers Weekly No. 002-037-17, 13 pp.) (R. Bryan Harwell, J.) 4:16-cv-01626; D.S.C. Holding: Even though plaintiff is headquartered in Connecticut, and even though there is a dispute as to whether South Carolina or Connecticut law applies to the parties’ event-cancellation insurance policy, since (1) the […]
Civil Practice – Discovery – Putative Class Action – Unsolicited Faxes – Defendant’s Fax List
Career Counseling, Inc. v. Amsterdam Printing & Litho, Inc. (Lawyers Weekly No. 002-030-17, 6 pp.) (J. Michelle Childs, J.) 3:15-cv-05061; D.S.C. Holding: Plaintiff seeks damages caused by defendants’ business practice of sending unsolicited facsimile advertisements. Where (1) plaintiff has not established class certification, (2) plaintiff need not be able to identify every class member at [...]
Civil Practice – Statute of Limitations – Service of Process – Tort/Negligence – Parking Lot Pothole – Ohio Plaintiffs
Kinder v. City of Myrtle Beach (Lawyers Weekly No. 002-029-17, 11 pp.) (R. Bryan Harwell, J.) 4:15-01416; D.S.C. Holding: Plaintiffs timely filed their personal injury action, but they relied on an Ohio rule which allows a year to serve process. Since plaintiffs filed suit near the expiration of the statute of limitations but did not […]
Civil Practice – Discovery – Expert Affidavits – ‘Supplemental’ – New Information
Priester v. Futuramic Tool & Engineering Co. (Lawyers Weekly No. 002-028-17, 17 pp.) (David Norton, J.) 2:14-cv-01108; D.S.C. Holding: Plaintiff offers “supplemental” reports by her experts “to address the instances in Defendants’ summary judgment memoranda where [the experts’] respective testimony and opinions had been misconstrued” in an effort to “clarify a number of instances[...]
Civil Practice – Evidence – Hearsay – Business Records Exception – Real Property – Mortgages – Banks & Banking
FV-I, Inc. v. Dolan (Lawyers Weekly No. 011-009-17, 6 pp.) (Per Curiam) Appealed from Lexington County Circuit Court (R. Keith Kelly, J.) S.C. App. Unpub. Holding: Even though plaintiff’s witness did not work for defendants’ previous mortgage servicer, Saxon Servicing Group (Saxon), the witness could testify about defendants’ loan history with Saxon pursuant to the […]
Civil Practice – Discovery – Tort/Negligence – Insurance – Bad Faith Claim – Attorneys
Graham v. National Union Fire Insurance Co. of Pittsburgh, PA (Lawyers Weekly No. 002-025-17, 9 pp.) (Margaret Seymour, S.J.) 0:16-cv-01153; D.S.C. Holding: Where the defendant-insurer asserts as an affirmative defense that it “did not act unreasonably or in bad-faith,” defendant has implicitly waived attorney-client privilege. To the extent defendant relied on its attorneys’ investigation t[...]
Civil Practice – Rooker-Feldman Doctrine – Domestic Relations – Support Order – Income Withholding Notices – Personal Jurisdiction – Venue
Strickland v. County Council of Beaufort County, SC (Lawyers Weekly No. 002-020-17, 15 pp.) (Joan Ericksen, J.) 9:17-cv-00067; D.S.C. Holding: The Rooker-Feldman doctrine does not prevent federal courts from determining whether income withholding notices – issued after a state court dismissed the case – were valid. Nevertheless, venue is not proper in Minnesota. The South […]
Civil Practice – Personal Jurisdiction & Venue – Contract – Crane Purchase – Transfer
Diving Services, Inc. v. BTM Machinery, Inc. (Lawyers Weekly No. 002-018-17, 12 pp.) (William Smith, J.) 2:17-cv-00015; D.S.C. Holding: Via its website, defendant advertises its machinery and equipment for sale worldwide, and defendant emailed a contract to plaintiff with the knowledge that plaintiff was located in Rhode Island. These facts are not enough to establish […]
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
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