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Civil Practice

Apr 7, 2015

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 […]

Apr 3, 2015

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[...]

Apr 2, 2015

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 […]

Apr 2, 2015

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[...]

Mar 30, 2015

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 […]

Mar 25, 2015

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 […]

Feb 24, 2015

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 […]

Feb 24, 2015

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 […]

Feb 9, 2015

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 […]

Feb 9, 2015

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[...]

Jan 27, 2015

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 […]

Jan 26, 2015

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 […]

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