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Civil Practice – Personal Jurisdiction – Specific Jurisdiction – Products Liability – Florida Motorcycle Accident
Although (1) plaintiff is a South Carolina resident, (2) defendant conducts extensive business in South Carolina and (3) it would not be constitutionally unreasonable to require defendant to litigate in South Carolina, since (1) the motorcycle in question was designed and manufactured in Japan, (2) the motorcycle was sold in Kansas, (3) a South Carolina […]
Civil Practice – Abstention – Parallel State Litigation – Declaratory Judgment & Rescission – Homeowners’ Insurance
Even if the plaintiff-insurer could achieve a similar result on both of its claims—rescission and declaratory judgment—the court will not penalize the insurer for its thoroughness in including its declaratory claims in addition to its rescission claim. Therefore, the court applies the abstention doctrine from Colorado River Conservation District v. United States, 424 U.S. 800 […]
Civil Practice – Personal Jurisdiction – Pet Store Franchisor – Insufficient Relationship
In order to prove that it would be proper for this court to exercise specific jurisdiction over the out-of-state pet store franchisor of the South Carolina defendant-franchisees, plaintiffs must show that their claims arise out of or relate to the franchisor’s activities in South Carolina. Plaintiffs’ claims arise out of the franchisees’ alleged sale of […]
Civil Practice – Class Certification Order – Appeals – Contact Prohibition – Unpreserved Issue
In an order certifying a plaintiff class, the circuit court, without being asked to do so, stated that, until notice of the action was given to the class, “no party shall communicate with the class members regarding this class action and the allegations contained herein.” Defendant argues that this part of the certification order constitutes […]
Civil Practice – Service of Process – Certified Mail – No Return Receipt
Where the pro se plaintiff conceded he did not comply with Rule 4(d)(8), SCRCP, when he first attempted to serve defendant Healy (a police officer who had accused plaintiff of stealing a ring from her yard sale), and where plaintiff neither produced a return receipt indicating Healy had received the original summons and complaint nor […]
Civil Practice – Default – Failure to State a Claim – Tort/Negligence – Defamation – Social Media Posts
Even though defendant defaulted, plaintiffs are not entitled to a default judgment because their allegations concerning defendant’s social media posts do not state cognizable claims for defamation or tortious interference. Furthermore, determining whether plaintiffs’ defamation allegations state a cognizable claim requires analysis under the First Amendment. As recommended by the magistrate ju[...]
Civil Practice – Statute of Limitations – Discovery Rule – Jury Issue
Considering both the three-year statute of limitations and the discovery rule, under the facts of this case, there was a jury issue as to whether the statute of limitations had expired by the time the action was commenced against defendant Bostic Brothers Construction, Inc. We affirm the Court of Appeals’ decision to uphold the trial […]
Civil Practice – No immunity for NC health plan in transgender bias suit
Where enrollees in the North Carolina State Health Plan for Teachers and State Employees, or NCSHP, alleged that NCSHP violated the Affordable Care Act by categorically denying coverage for gender dysphoria treatments, NCSHP was not entitled to sovereign immunity. Background Several NCSHP enrollees filed a three-count complaint alleging that NCSHP discriminates against its transgender enrollees [&[...]
Civil Practice – Virginia eluding statute qualifies as crime of moral turpitude
Where the Virginia eluding statute’s mens rea required at least recklessness, and vehicular flight from law enforcement has been consistently found to involve sufficient risk and danger to be morally reprehensible, the statute qualified as a crime of moral turpitude. Background Jose Neftaly Canales Granados challenges an order of removal based on his conviction for […]
Civil Practice – Evidence – Expert Witnesses – Repressed Memory – Sex Abuse – Statute of Limitations
Even though dissociative amnesia is included in the 2013 Diagnostic and Statistical Manual of the American Psychiatric Association (the DSM-5), and even though the South Carolina Supreme Court has explicitly acknowledged the validity of the theory of dissociative amnesia, since there is disagreement among the psychological and medical communities about the validity of repressed memory […]
Civil Practice – State secrets privilege bars suit over NSA surveillance
Where the discovery procedures of the Foreign Intelligence Surveillance Act, or FISA, didn’t apply to Wikimedia’s suit against the National Security Agency, or NSA, alleging the agency is spying on Wikimedia’s communications through its Upstream surveillance program, the suit was barred by the state secrets privilege. Background The Wikimedia Foundation contends that the government is [&hell[...]
Civil Practice – No sovereign immunity in transgender bias suit
Where enrollees in the North Carolina State Health Plan for Teachers and State Employees, or NCSHP, alleged the plan violated the Affordable Care Act by categorically denying coverage for gender dysphoria treatments, NCSHP, which accepts federal funds, is not entitled to sovereign immunity. Background Several NCSHP enrollees filed a three-count complaint alleging that NCSHP discriminates […[...]
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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