Bracken v. Fannie Mae Consumer Resource Center Inc. (Lawyers Weekly No. 002-220-14, 18 pp.) (Timothy Cain, J.) 6:13-cv-01983; D.S.C. Holding: As the owner of plaintiff’s promissory note and mortgage, Fannie Mae was entitled to obtain and review plaintiff’s credit reports. ...Read More »
Civil Practice — Federal Jurisdiction – Diversity – Two Residences
Jones v. CertusBank N.A. (Lawyers Weekly No. 002-221-14, 6 pp.) (Timothy Cain, J.) 6:14-cv-01633; D.S.C. Holding: Although plaintiff Davis has homes in both North and South Carolina, he was domiciled in South Carolina at the time this lawsuit was filed. ...
Tagged with: DiversityRead More »
Civil Practice — Remedies – Damages – Equitable Relief – Tort/Negligence – Breach of Fiduciary Duty – Fraudulent Conveyance – First Impression – ‘Same Person’ Rule
PCS Nitrogen, Inc. v. Ross Development Corp. (Lawyers Weekly No. 002-216-14, 8 pp.) (Margaret Seymour, Sr. J.) 2:09-cv-03171 Holding: Although a jury verdict on plaintiff’s breach of fiduciary duty claim gave plaintiff an adequate remedy at law against the defendant-corporate ...Read More »
Environmental — Clean Water Act – Farm Pond Exemption – Water Flow – Changed Purpose
Craig v. United States Army Corps of Engineers (Lawyers Weekly No. 002-215-14, 19 pp.) (Joseph Anderson Jr., J.) 0:13-cv-01767; D.S.C. Holding: In order to get a farm pond exemption under the Clean Water Act, defendant Lesslie said he could not ...Read More »
Tort/Negligence — Implied Warranty of Workmanlike Service – Machine Servicer
Martin v. A. Celli Nonwovens Spa (Lawyers Weekly No. 002-217-14, 12 pp.) (G. Ross Anderson Jr., Sr. J.) 7:14-cv-03508; D.S.C. Holding: Even though defendant A. Celli International, Inc. (defendant) did not sell the slitter machine in question, since defendant serviced ...Read More »
Tort/Negligence — Loan Servicers – No Duty – Contract – Release – Invasion of Privacy
Land v. Green Tree Servicing, LLC (Lawyers Weekly No. 002-222-14, 12 pp.) (Timothy Cain, J.) 8:14-cv-01165; D.S.C. Holding: South Carolina law did not impose a duty on defendants to act as reasonable and prudent loan servicing companies and agents; plaintiffs’ ...Read More »
Civil Rights — FOIA – Municipal – Town Council Meetings – Agenda – Executive Sessions
Brock v. Town of Mount Pleasant (Lawyers Weekly No. 011-122-14, 15 pp.) (Cureton, A.J.) Appealed from Charleston County Circuit Court (J. C. Nicholson Jr., J.) S.C. App. Holding: Although S.C. Code Ann. § 30-4-80 requires public bodies to post agendas ...
Tagged with: FOIARead More »
Criminal Practice — PCR – Ineffective Assistance – Plea Offer – Failure to Communicate – Prejudice
Bell v. State (Lawyers Weekly No. 011-120-14, 7 pp.) (Paul Short Jr., J.) Appealed from Richland County Circuit Court (James Barber III, J.) S.C. App. Holding: Even though the solicitor denied making a plea offer in respondent’s case, a note ...
Tagged with: PCRRead More »
Criminal Practice — Constitutional – Confrontation Right – Nontestifying Co-Defendant – Redacted Statement
State v. Jackson (Lawyers Weekly No. 011-121-14, 23 pp.) (John Few, Ch. J.) (John Geathers, J., concurring) Appealed from Sumter County Circuit Court (W. Jeffrey Young, J.) S.C. App. Holding: The admission into evidence of a clumsily redacted confession by ...Read More »
Bankruptcy — Bank’s Interest Had Priority Over Tax Lien
Susquehanna Bank v. U.S. Internal Revenue Service (Lawyers Weekly No. 001-180-14, 36 pp.) (Niemeyer, J.) No. 13-2249, Oct. 31, 2014; USDC at Baltimore, Md. (Hollander, J.) Holding: In a case in which the bank acquired its security interest under a ...
Tagged with: Lien PriorityRead More »