U.S. v. Archie (Lawyers Weekly No. 001-192-14, 17 pp.) (Agee, J.) No. 13-1459, Nov. 17, 2014; USDC at Wilmington, N.C. (Boyle, J.) 4th Cir. Holding: Although defendant, who pleaded guilty to armed robbery of a Family Dollar store, may have ...Read More »
Condon v. Haley (Lawyers Weekly No. 002-223-14, 26 pp.) (Richard Gergel, J.) 2:14-cv-04010; D.S.C. Holding: There is no meaningful distinction between South Carolina’s constitutional and statutory ban on same-sex marriage and those of Virginia declared unconstitutional in Bostic v. Schaefer, ...Read More »
Tort/Negligence — Products Liability – MDA – Preemption – Breach of Express Warranty Claim – Parallel Claim
Hesik v. Boston Scientific Corp. (Lawyers Weekly No. 002-225-14, 17 pp.) (J. Michelle Childs, J.) 1:12-cv-00014; D.S.C. Holding: Where plaintiff’s breach of express warranty claim is premised solely on the defendant-manufacturer’s alleged voluntary statements in its warranty, which statements have ...Read More »
Insurance — Life – Fraudulent Misrepresentation – Civil Practice – Summary Judgment – Issue of Fact – Breast Lump
Grooms v. Globe Life & Accident Insurance Co. (Lawyers Weekly No. 002-224-14, 6 pp.) (R. Bryan Harwell, J.) 4:13-cv-02356; D.S.C. Holding: Although plaintiff’s decedent did not receive a definitive cancer diagnosis until Jan. 21, 2011, ten days after she applied ...Read More »
Labor & Employment — Unemployment Benefits – Positive Drug Test – Lab Certification – Administrative
Nucor Corp. v. South Carolina Department of Employment & Workforce (Lawyers Weekly No. 010-128-14, 10 pp.) (John Kittredge, J.) (Costa Pleicones & Donald Beatty, JJ., concurring in the result only without separate opinion) (Jean Hoefer Toal, Ch. J., concurring in ...
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Domestic Relations — Parent & Child – Hague Convention & ICARA – Custody Warrant – First Impression – Civil Practice – TRO – Return to Mexico
Alcala v. Hernandez (Lawyers Weekly No. 002-218-14, 20 pp.) (R. Bryan Harwell, J.) 4:14-cv-04176; D.S.C. Holding: Where there is no custody order in this case, the court declines to issue a custody warrant for the parties’ minor children. The petitioner-father’s ...Read More »
Labor & Employment — Civil Practice – Preemption – Collective Bargaining Agreement – Payment of Wages Act – Vacation Compensation
Caldwell v. Koppers, Inc. (Lawyers Weekly No. 002-219-14, 10 pp.) (Bruce Howe Hendricks, J.) 4:13-cv-03407; D.S.C. Holding: In their South Carolina Payment of Wages Act claim, plaintiffs allege that they are owed compensation for vacation time pursuant to a labor ...
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