In re Way (Lawyers Weekly No. 010-106-14, 9 pp.) (Donald Beatty, J.) (Costa Pleicones, J., concurring in the result only) Appealed from Charleston County Circuit Court (Deadra Jefferson, J.) On writ of certiorari to the Court of Appeals. S.C. S. ...Read More »
In re Gonzalez (Lawyers Weekly No. 010-105-14, 15 pp.) (Donald Beatty, J.) (Costa Pleicones, J., concurring in the result only) Appealed from Charleston County Circuit Court (Deadra Jefferson, J.) On writ of certiorari to the Court of Appeals. S.C. S. ...Read More »
Levy v. Carolinian, LLC (Lawyers Weekly No. 010-104-14, 8 pp.) (John Kittredge, J.) Appealed from Horry County Circuit Court (Steven John, J.) S.C. S. Ct. Holding: The respondent-limited liability company had the right to redeem its member’s distributional interest from ...Read More »
In re Peper (Lawyers Weekly No. 010-103-14, 10 pp.) (Per Curiam) S.C. S. Ct. Holding: Before being appointed to serve as trustee for his childhood friend’s trust, respondent misrepresented his relevant experience to the probate court; moreover, while serving as ...
Tagged with: MisrepresentationRead More »
Real Property – Mortgages – Banks & Banking – RESPA – Failure to Pay Taxes – Statute of Limitations – Tort Negligence – Fraud – HAMP
Carrington v. Mnuchin (Lawyers Weekly No. 002-161-14, 20 pp.) (J. Michelle Childs, J.) 5:13-cv-03422; D.S.C. Holding: Plaintiffs’ claims under the Real Estate Settlement Procedures Act of 1974 and for breach of contract accrued when they received a delinquent tax notice ...Read More »
Reeves v. Town of Cottageville (Lawyers Weekly No. 002-160-14, 10 pp.) (David Norton, J.) 2:12-cv-02765; D.S.C. Holding: Once defense counsel learned that plaintiff’s attorney had previously served as the defendant-town’s attorney, they waited five weeks – until the eve of ...
Tagged with: Police shootingRead More »
Civil Practice – Motion to Amend Judgment – Partial Dismissal with Prejudice – Election of Remedies – Bankruptcy
Hartford Casualty Insurance Co. v. Farley Associates, Inc. (Lawyers Weekly No. 002-159-14, 12 pp.) (Cameron McGowan Currie, Sr. J.) 0:13-cv-00547; D.S.C. Holding: Even if those defendants who have not yet filed bankruptcy decide to do so, the court’s dismissal with ...
Tagged with: DismissalRead More »
Labor & Employment – Civil Rights – Sex Discrimination Claim – Sexual Harassment – Hostile Environment – Same Gender
Askins v. Starting Point (Lawyers Weekly No. 002-157-14, 22 pp.) (R. Bryan Harwell, J.) 4:12-cv-03547; D.S.C. Holding: Even though the female defendants may have engaged in unprofessional behavior, plaintiff has not shown that they were homosexual, that they made any ...Read More »
Labor & Employment – Civil Rights – Civil Practice – Subject Matter Jurisdiction – Administrative Remedies – Pregnancy Discrimination & Retaliation
Tonkin v. Shadow Management, Inc. (Lawyers Weekly No. 002-156-14, 11 pp.) (Joseph Anderson Jr., J.) 3:12-cv-00198; D.S.C. Holding: Even though plaintiff knew the facts behind her retaliation claim when she filed her EEOC charge, in the EEOC charge, she only ...Read More »