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Civil Practice — First to File Rule – Stay – Insurance
Ace Property & Casualty Insurance Co. v. Specialty Logging, LLC (Lawyers Weekly No. 002-064-15, 9 pp.) (J. Michelle Childs, J.) 1:14-cv-00944; D.S.C. Holding: In another matter pending before this court, the plaintiff-insurer’s handling of claims arising from an auto accident have been called into question; in this case, plaintiff contends defendants breached the terms of […]
Civil Practice — Personal Jurisdiction – Investment Fund – Cayman Islands Administrator – Venue – Forum Selection Clause
Poole v. Transcontinental Fund Administration, Ltd. (Lawyers Weekly No. 002-060-15, 19 pp.) (Bruce Howe Hendricks, J.) 6:12-cv-02943; D.S.C. Holding: Because the Cayman Islands defendant-administrator was involved in drafting the private offering circular – which included provisions plaintiff alleges have been breached – and because defendant knew or should have known the circular was being us[...]
Civil Practice — Statute of Limitations – Equitable Tolling – Nonjoinder
Perkins v. Bennett (Lawyers Weekly No. 002-061-15, 13 pp.) (Bruce Howe Hendricks, J.) 7:14-cv-01057; D.S.C. Holding: Even though plaintiff’s 2014 complaint states causes of action that arose in 2010 and are governed by three-year statutes of limitations, since plaintiff’s previous action in Kentucky was dismissed for lack of personal jurisdiction, the statutes of limitations are […]
Civil Practice — Federal Jurisdiction – Diversity – Fraudulent Joinder – Statute of Limitations – Federal Question – Real Property – Inflated Appraisals – Banks & Banking
Low v. VantageSouth Bank (Lawyers Weekly No. 002-054-15, 6 pp.) (Bruce Howe Hendricks, J.) 4:13-cv-03396; D.S.C. Holding: The complaint does not indicate when plaintiffs should have learned (1) about defendants’ alleged conspiracy or (2) that defendants’ appraisals were negligent or fraudulent; therefore, the court cannot say that plaintiffs’ claims against defendant McNutt are time-barred o[...]
Civil Practice — Vulnerable Adult – Insufficient Evidence – Condition of Home
South Carolina Department of Social Services v. Patten (Lawyers Weekly No. 011-032-15, 7 pp.) (Aphrodite Konduros, J.) Appealed from York County Family Court (Joseph McGowan III, J.) S.C. App. Holding: Even though the 63-year-old appellant was living in a cluttered home, which had no electricity or running water, and which had a hole in the […]
Civil Practice – Personal Jurisdiction – Florida Company – Tort/Negligence – Statutes of Limitations
Gentry Technology of S.C., Inc. v. Baptist Health South Florida, Inc. (Lawyers Weekly No. 002-052-15, 25 pp.) (J. Michelle Childs, J.) 1:14-cv-02127; D.S.C. Holding: Plaintiff has shown that the Florida defendant has sufficient minimum contacts with South Carolina through the affidavit of plaintiff’s officer, Robert Taylor, who says that (1) he was contacted in South […]
Civil Practice — Res Judicata – Real Property – Mortgages – Foreclosure – Collateral Attack – Intrinsic Fraud
Nelson v. US Bank, NA (Lawyers Weekly No. 002-035-15, 7 pp.) (Patrick Michael Duffy, J.) 2:14-cv-01349; D.S.C. Holding: Although the doctrine of res judicata does not prevent a party from using evidence of extrinsic fraud to set aside a judgment, the type of fraud that plaintiff alleges defendant perpetrated during its foreclosure on plaintiff’s property […]
Civil Practice — Discovery – Attorney-Client Privilege – Work Product Doctrine – Tort/Negligence – Highway Accident
Nix v. Holbrook (Lawyers Weekly No. 002-033-15, 13 pp.) (J. Michelle Childs, J.) 5:13-cv-02173; D.S.C. Holding: Plaintiff’s question to defendant Stevens Transport Inc.’s (STI’s) Rule 30(b)(6) deponent – about when defense counsel was hired – does not seek information protected by the attorney-client privilege or the work product doctrine. STI is not entitled to a […]
Civil Practice — Rule 11 – Forged Signature – Conflicting Evidence – Indemnification Agreement – Construction Projects
Guarantee Co. of North America USA v. Metro Contracting, Inc. (Lawyers Weekly No. 002-019-15, 14 pp.) (Patrick Michael Duffy, J.) 2:13-cv-02266; D.S.C. Holding: There was conflicting evidence regarding the authenticity of defendant Audrey Griebe’s signature on the indemnity agreement with plaintiff; accordingly, plaintiff did not violate Fed. R. Civ. P. 11 by including Ms. Griebe […]
Civil Practice — Discovery – Insufficient Responses – Sanctions
Chase v. JP Morgan Chase Bank, N.A. (Lawyers Weekly No. 002-020-15, 7 pp.) (C. Weston Houck, J.) 2:13-cv-03116; D.S.C. Holding: Even though plaintiffs’ initial discovery response was inadequate, they are now complying with the discovery process. Any prejudice to defendant was cured by the magistrate judge’s order that plaintiffs pay defendant’s attorney fees and costs. Defendant’s [&hel[...]
Labor & Employment — Civil Practice – Removal & Remand – Tort/Negligence – Wrongful Discharge
Redding v. Sun Printing, Inc. (Lawyers Weekly No. 002-015-14, 10 pp.) (J. Michelle Childs, J.) 5:14-cv-00120; D.S.C. Holding: Since Title VII does not completely preempt state law, the artful pleading doctrine does not permit the court to assume the existence of a federal question when plaintiff has only alleged state law claims for negligence, wrongful […]
Civil Practice — Class Action – CAFA – Local Controversy – Imposter Doctor
Estate of Hanna v. Agape Senior, LLC (Lawyers Weekly No. 002-014-14, 12 pp.) (Joseph Anderson Jr., J.) 3:12-cv-02872; D.S.C. Holding: Where all but two of plaintiffs’ claims (one against an employment agency and one alleging respondeat superior liability) are based on the Agape defendants’ own alleged actions, Agape’s conduct forms a significant basis for the […]
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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