South Carolina Lawyers Weekly

Jan 5, 2018

Civil Practice – Party Substitution – Deceased Defendant – No ‘Statement Noting Death’ – Improper Estate Proceedings – Ponzi Scheme

Ashmore v. Sullivan (Lawyers Weekly No. 002-006-18, 6 pp.) (J. Michelle Childs, J.) 8:15-cv-00563; D.S.C. Holding: Rule 25, FRCP, sets a 90-day time limit for a motion for substitution when a party […]

Jan 2, 2018

Civil Practice – Standing – Injury in Fact – Civil Rights – ADA – Access Barriers

Nanni v. Aberdeen Marketplace, Inc. (Lawyers Weekly No. 001-004-18, 20 pp.) (Robert King, J.) 16-1638; Dec. 21, 2017; USDC at Baltimore, Md. (William Nickerson, S.J.) 4th Cir. Holding: A wheelchair-bound plaintiff adequately alleged […]

Dec 22, 2017

Civil Practice – Appeals – Trusts & Estates – Probate Court – Interlocutory Order

Dorn v. Cohen (Lawyers Weekly No. 010-004-18, 4 pp.) (Per Curiam) Appealed from Horry County Circuit Court (Deadra Jefferson, J.) On writ of certiorari to the Court of Appeals. S.C. […]

Dec 11, 2017

Civil Practice – Motion in Limine – Reconsideration – Physicians’ Testimony

United States ex rel. Lutz v. Berkeley Heartlab, Inc. (Lawyers Weekly No. 002-210-17, 7 pp.) (Richard Mark Gergel, J.) 9:14-cv-00230; D.S.C. Holding: Defendants’ physician customers were not retained or specially […]

Dec 1, 2017

Civil Practice – Subpoenas – FCA – Nationwide Service – Rule Amendment

United States ex rel. Lutz v. Berkeley Heartlab, Inc. (Lawyers Weekly No. 002-205-17, 7 pp.) (Richard Mark Gergel, J.) 9:14-cv-00230; D.S.C. Holding: Even though the new Rule 45, FRCP, no […]

Nov 28, 2017

Civil Practice – Colorado River Abstention Motion – Non-Parallel State Court Action – Country Club Sale

Oldfield Club v. TI Oldfield Development, LLC (Lawyers Weekly No. 002-203-17, 10 pp.) (David Norton, J.) 9:17-cv-00452; D.S.C. Holding: This action includes all the parties and claims that are involved […]

Nov 28, 2017

Civil Rights – Malicious Prosecution & Prosecutorial Misconduct – Convictions Upheld – Zoning Violations

Scott v. City of Camden (Lawyers Weekly No. 002-201-17, 11 pp.) (Cameron McGowan Currie, S.J.) 3:17-cv-00602; D.S.C. Holding: Plaintiff’s claims of malicious prosecution and prosecutorial misconduct are based on her […]

Nov 22, 2017

Civil Practice – Confession of Judgment – Confidential Settlement Agreement – Former Rule 43(k)

Smith v. Fedor (Lawyers Weekly No. 011-078-17, 7 pp.) (James Lockemy, C.J.) Appealed from Richland County Circuit Court (DeAndrea Benjamin, J.) S.C. App. Holding: Under the applicable version of Rule […]

Nov 21, 2017

Civil Practice – Mootness – Executive Order – Expired Provision

International Refugee Assistance Project v. Trump (Lawyers Weekly No. 001-202-17, 6 pp.) (Per Curiam) (Paul Neimeyer, J., joined by Dennis Shedd & G. Steven Agee, JJ., concurring in part & dissenting […]

Nov 17, 2017

Civil Practice – Expert Designation – Law Professor – Legal Conclusions – Business Practices

Rational Spirits, LLC v. Rattleback, LLC (Lawyers Weekly No. 002-200-17, 6 pp.) (Patrick Michael Duffy, J.) 2:16-cv-03406; D.S.C. Holding: In his report, defendants’ expert, a law professor, makes conclusions about […]

Nov 14, 2017

Civil Practice – Removal Jurisdiction – Fraudulent Joinder Claim – Store Manager – Tort/Negligence

Jones v. Ringer (Lawyers Weekly No. 002-196-17, 10 pp.) (R. Bryan Harwell, J.) 4:17-cv-02182; D.S.C. Holding: Contrary to defendants’ arguments, this court has not misinterpreted South Carolina law. Under South […]

Nov 10, 2017

Civil Practice – Statute of Limitations – Tolling – Guardian Appointment – Mental Incompetence – First Impression – Tort/Negligence – DDSN Commitment

This opinion has been withdrawn. Estate of Mims v. South Carolina Department of Disabilities & Special Needs (Lawyers Weekly No. 011-076-17, 12 pp.) (Per Curiam) Appealed from Richland County Circuit […]