Clemmons v. Lowe’s Home Centers, Inc. (Lawyers Weekly No. 011-035-15, 15 pp.) (James Lockemy, J.) Appealed from the Workers’ Compensation Commission. S.C. App. Holding: Because 14 days had passed since the claimant’s injury (actually nearly two years), and because the ...Read More »
Landlord/Tenant — Commercial Lease – Abandonment – Landlord’s Damages
Bluffton Towne Center, LLC v. Gilleland-Price (Lawyers Weekly No. 011-036-15, 16 pp.) (H. Bruce Williams, J.) Appealed from Beaufort County (Marvin Dukes III, Master-in-Equity) S.C. App. Holding: After occupying the leased premises for some time, the defendant-tenant abandoned the premises ...Read More »
Tort/Negligence — Medical Malpractice – Civil Practice – NOI – Mediation Requirement – Dismissal
Rickerson v. Karl (Lawyers Weekly No. 011-037-15, 9 pp.) (John Geathers, J.) Appealed from Horry County Circuit Court (Benjamin Culbertson, J.) S.C. App. Holding: Even though plaintiff’s notice of intent to file suit did not say that the case was ...
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Contract — Minnesota Law – Renewals & Extensions – Licenses & Royalties
Keystone Northeast, Inc. v. Keystone Retaining Wall Systems, LLC (Lawyers Weekly No. 002-062-15, 18 pp.) (Bruce Howe Hendricks, J.) 6:12-cv-00720; D.S.C. Holding: Upon consideration of Minnesota law newly cited by defendants, the court determines that the parties’ license agreement did ...Read More »
Insurance — CGL – Employee Exclusion – Casual Worker – Insufficient Record
Capitol Specialty Insurance Corp. v. Ellis Wise Landscaping, Inc. (Lawyers Weekly No. 002-055-15, 12 pp.) (J. Michelle Childs, J.) 8:14-cv-00255; D.S.C. Holding: The court cannot determine from the record whether casual employee Dawkins’ employment was within the course of the ...
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Tort/Negligence — Fraudulent Conveyance & Civil Conspiracy – Additional Allegations & Special Damages – Attorney’s Fees – Jury Trial
Integrity Worldwide, Inc. v. International Safety Access Corp. (Lawyers Weekly No. 002-056-15, 14 pp.) (Margaret Seymour, S.J.) 0:14-cv-00213; D.S.C. Holding: While plaintiffs assert their fraudulent conveyance claim against only two corporate defendants, they assert their civil conspiracy claim against all ...Read More »
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 ...
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Workers’ Compensation — Employer – Online Market Host – Moving Subcontractor
Ferguson v. New Hampshire Insurance Co. (Lawyers Weekly No. 011-034-15, 9 pp.) (Paul Short Jr., J.) Appealed from the Workers’ Compensation Commission. S.C. App. Holding: Although eMove receives 15 percent of the total amount paid by the customer for a ...Read More »
Labor & Employment — FLSA – Civil Practice – Joinder – Collective Action
Regan v. City of Charleston (Lawyers Weekly No. 002-059-15, 7 pp.) (Patrick Michael Duffy, J.) 2:13-cv-03046; D.S.C. Holding: In this collective action under the Fair Labor Standard Act, five plaintiffs attempted to opt in shortly after the court-established deadline. At ...
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Taxation — Interpleader – Lien Priority – Contract Work – Invoice Date – Inchoate Interest
Bucksport Water Systems, Inc. v. Weaver Engineering, Inc. (Lawyers Weekly No. 002-059-15, 9 pp.) (Bruce Howe Hendricks, J.) 4:13-cv-02503; D.S.C. Holding: In this interpleader action, the plaintiff-contractor avers that the defendant-subcontractor only became entitled to receive money for the contract ...
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