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Most Important Opinion

Apr 6, 2015

Workers’ Compensation — Permanent Disability – Due Process – Back Injury – Percentage

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 parties failed to reach an agreement as to an award for permanent disability, the employer […]

Apr 6, 2015

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 and returned the keys to the plaintiff-landlord. Since the parties’ lease provided that, upon the […[...]

Apr 6, 2015

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 subject to mandatory mediation and did not include a line for the clerk of court […]

Apr 6, 2015

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 not automatically renew. Since there were terms that had to be renegotiated, renewal was not […]

Apr 3, 2015

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 defendant-employer’s trade, business, profession, or occupation; as a result, the court cannot yet determine whether [[...]

Apr 3, 2015

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 defendants and allege that “in furtherance of this conspiracy, Defendants communicated wi[...]

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 3, 2015

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 local mover’s services, eMove is not a moving company. Since eMove’s business or trade is […]

Apr 2, 2015

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 this early stage, the city is not prejudiced by the one-month delay, and the addition […]

Apr 2, 2015

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 work it performed after it submitted an invoice, and not, as the South Carolina Department [&hell[...]

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

Administrative — Court Denies Accreditation for Massage School

Professional Massage Training Center Inc. v. Accreditation Alliance of Career Schools & Colleges (Lawyers Weekly No. 001-058-15, 44 pp.) (Wilkinson, J.) No. 14-1086, March 24, 2015; USDC at Alexandria, Va. (O’Grady, J.) 4th Cir. Holding: In reviewing a professional accreditation agency’s refusal to renew accreditation for plaintiff massage therapy school, the district court erred by [&hell[...]

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