South Carolina Lawyers Weekly
Norfolk Southern Railway Co. v. Baltimore & Annapolis Railroad Co. (Lawyers Weekly No. 002-034-15, 14 pp.) (Bruce Howe Hendricks, J.) 4:13-cv-01264; D.S.C. Holding: There is a jury question as to whether the plaintiff-lessor mitigated its damages once it knew the ...
Read More »Contract — Damages – Mitigation – Railway Car Rental – Closed Bridges
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, ...
Tagged with: Res Judicata
Read More »Trusts & Estates — Trust Protector – Trust Amendment – Administrative Provisions – Replacement
McDevitt v. Wellin (Lawyers Weekly No. 002-028-15, 12 pp.) (David Norton, J.) 2:13-cv-03595; D.S.C. Holding: The court reconsiders its previous interpretation of the terms of the parties’ trust and rules that the trust protector had the authority to amend the ...
Read More »Tort/Negligence — Premises Liability – N.C. Law – Duty to Warn – Contributory Negligence – Civil Practice – Pleadings Amendment
Brownlee v. West Fraser, Inc. (Lawyers Weekly No. 002-029-15, 16 pp.) (Timothy Cain, J.) 8:12-cv-00857; D.S.C. Holding: Where plaintiff knew that (1) defendant (not plaintiff’s employer) was loading lumber onto plaintiff’s truck during a heavy rainstorm; (2) the tarps, his ...
Read More »Environmental — Statute of Elizabeth – Corporate – Fraudulent Transfers – ‘Family’ – Burden of Proof
PCS Nitrogen, Inc. v. Ross Development Corp. (Lawyers Weekly No. 002-030-15, 51 pp.) (Margaret Seymour, Sr.J.) 2:09-cv-03171; D.S.C. Holding: Even though the transfers at issue in this Statute of Elizabeth case were from a corporation to members of an extended ...
Tagged with: CERCLA Statute of Elizabeth
Read More »Intellectual Property — Trademark Infringement – Taxi Companies – Corporate Officer
Dao Travels, LLC v. Charleston Black Cab Co. (Lawyers Weekly No. 002-032-15, 12 pp.) (Patrick Michael Duffy, J.) 2:14-cv-01967; D.S.C. Holding: Even if the individual defendant was acting primarily for the benefit of the corporate defendant, a corporate official may ...
Tagged with: Lanham Act
Read More »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 ...
Read More »Workers’ Compensation — Causation – Arising out of – Bus Driver’s Aneurysm – Surviving Spouse – Good Faith Exception
Thomas v. 5 Star Transportation (Lawyers Weekly No. 011-021-15, 14 pp.) (Aphrodite Konduros, J.) Appealed from the Workers’ Compensation Commission. S.C. App. Holding: Even though an autopsy showed that the decedent-bus driver had suffered an aneurysm, the claimant’s evidence showed ...
Read More »Administrative — CON – Hospital Beds – Intra-Service Area Transfer – Non-Competing Applicants
Trident Medical Center, LLC v. South Carolina Department of Health & Environmental Control (Lawyers Weekly No. 011-020-15, 21 pp.) (John Geathers, J.) Appealed from the Administrative Law Court (John McLeod, ALJ) S.C. App. Holding: Respondent South Carolina Department of Health ...
Read More »Criminal Practice — No Reduction for ‘Acceptance of Responsibility’
U.S. v. Burns (Lawyers Weekly No. 001-032-15, 13 pp.) (Duncan, J.) No. 13-4662, Feb. 13, 2015; USDC at Greensboro, N.C. (Eagles, J.) 4th Cir. Holding: A defendant who pleaded guilty to firearm possession as a convicted felon was not entitled ...
Tagged with: Sentencing
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