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Civil Practice

Feb 20, 2017

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[...]

Feb 14, 2017

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 [&[...]

Feb 14, 2017

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 […]

Feb 13, 2017

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 […]

Jan 30, 2017

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 […]

Jan 27, 2017

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 [...]

Jan 27, 2017

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 […]

Jan 23, 2017

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[...]

Jan 20, 2017

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 […]

Jan 18, 2017

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[...]

Jan 16, 2017

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 […]

Jan 16, 2017

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 […]

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