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Tort/Negligence – Conversion – Conservatorship – Loan to Granddaughter – Standing
A grandmother (Grandmother) lent money to her granddaughter (Granddaughter) so Granddaughter could buy certain property (the Goose Creek property). Granddaughter sold the Goose Creek property without repaying the loan. Grandmother’s Conservator has standing to seek repayment of the loan via this conversion action, including against Grandmother’s daughter (Daughter 1), who allegedly received pa[...]
Tort/Negligence – Economic Loss Rule – Breach of Contract – Termite Damage
After paying defendants pursuant to a termite treatment and repair bond agreement for 12 years, plaintiff discovered that his house was “inundated” with subterranean termites. Plaintiff’s negligence claim against defendants is barred by the economic loss rule. We affirm summary judgment for defendants on plaintiff’s negligence claim. The economic loss rule provides that there is […]
Tort/Negligence – Duplicate Lottery Tickets – Failure to Exhaust Administrative Remedies
Plaintiff purchased five Mega Millions lottery tickets that he later discovered included four duplicate tickets; subsequently, he filed this action in which he specifically sought damages for the purchase of winning tickets. Even though the South Carolina Education Lottery Act does not mandate exhaustion of administrative remedies, the circuit court did not abuse its discretion […]
Tort/Negligence – Winning Lottery Tickets – Refusal to Pay – Failure to Exhaust Administrative Remedies – Class Action
This putative class action alleges that defendants failed to pay multiple winners of their 2017 $1 instant Holiday Game. The circuit court did not abuse its discretion in dismissing plaintiffs’ complaint for failure to exhaust their administrative remedies. We affirm the circuit court’s grant, upon reconsideration, of defendants’ motions to dismiss. Plaintiffs argue that the […]
Civil Rights – FOIA Request – Charitable Organization – State Involvement – Private Schools – Exceptional Children
The South Carolina Educational Credit for Exceptional Needs Children Fund was set up by the General Assembly, and our Department of Revenue is minimally involved in operating the Fund. However, the money in the Fund comes from private sources and is distributed as scholarships for children with exceptional needs. The Fund is not a public […]
Workers’ Compensation – Initially Unknown Cause – Difficult Diagnosis – Rotator Cuff Tear
It took a while for claimant’s doctors to figure out that her chest, shoulder and arm pain were coming from a work-related shoulder injury and even longer for them to figure out that she had suffered a rotator cuff tear, most likely at her job as a laminator, where she lifted heavy rolls of printing […]
Criminal Practice – Murder – Gruesome Autopsy Photos – Unnecessary
The only issue at defendant’s murder trial was who killed the victim – defendant or defendant’s husband. There was undisputed evidence as to how the victim died, as well as ample evidence of malice. Consequently, there was minimal probative value in gruesome photographs from the victim’s autopsy, and the trial court erred in admitting those […]
Tort/Negligence – Contribution among Tortfeasors – Auto Accident – Insurance Settlement Allocation
The plaintiff-driver was injured when her vehicle was struck by defendant McGee’s vehicle, as McGee was being followed by defendant Hudgins, while both defendants were driving too fast for conditions. McGee remained a defendant, despite his auto insurer paying plaintiff $100,000. After the jury awarded plaintiff $88,546.78 in compensatory damages (allocating 60 percent of the […]
Real Property – Slander of Title – Taxation – Tax Sale Irregularities – ‘Malice’
In failing to give notice of a tax sale to the record owner – even when his wife appeared in person and asked about any outstanding taxes – the defendant-county acted at least recklessly. However, the master-in-equity applied the wrong standard for “malice” in a slander-of-title case. The master found that malice requires an intent […]
Arbitration – Motion to Compel – Prima Paint Doctrine – Challenge to Contract – Reality TV
Plaintiff is a politician who agreed to appear in a reality TV show with his then-girlfriend. He challenges his entire contract with defendants – which included an arbitration clause and clearly said he might be portrayed in a negative light. When plaintiff was indeed portrayed in a negative light, plaintiff sued. In response to defendants’ […]
Landlord/Tenant – Renewal Option – Timely ‘Receipt’ – Landlord’s P.O. Box
The plaintiff-tenant’s notice of its decision to renew the parties’ lease was placed in the defendant-landlord’s post office box one day before the deadline, which fell on a Sunday. Even though the landlord did not check its P.O. box until the following Wednesday, the tenant timely exercised its option to extend the lease. We reverse […]
Criminal Practice – Attempted Murder – Jury Instructions – ‘Intent’ & ‘Motive’
During deliberations, the jury asked, “What is meant by intent?” In defining intent, the trial court ended with, “When the intent to do an act that violates the law exists, motive becomes immaterial.” Although this instruction had the potential to confuse the jury, it was harmless given the state’s evidence that defendant intentionally shot at […]
Business Law
- Economy forces attorneys to get down to business
- Business Court judges trawl for customers
- Va. company's Web site did not subject business to personal jurisdiction in S.C., appeals panel rules
- Former running back from S.C. wins courtroom victory in contract dispute
- Contract – Government Contract – Qui Tam – False Claims Act
- Tort – Business Tort – Va. Computer Crimes Act – Trade Secrets
- Consumer Protection – FCRA – Auto Loan – Bank Accounting Errors
- Licenses & Permits – Beer & Wine Permit – Restrictive Covenant – Suitable Location
- Licenses & Permits – Veterinarian – Vaccine Maintenance
- State regulators look at car dealer accused of lying to customers
- Textile firm, railroad settle Graniteville train wreck lawsuit
- Subprime mortgage meltdown hits securities law
Commentary
- High court justices cross the line of propriety
- High court’s term was rough on big business
- The flip side of generative AI in law and how to address it
- The fight for equal educational opportunity continues
- Letter From The Editor – Working from Home
- NLRB joins FTC in taking aim at non-competes
- Supreme Court leaves key internet protection untouched
- US Supreme Court bites back at parody’s use of the First Amendment
- My goal: Provide the information that you need now
- Case study: North Carolina courts provide guidance on scope, limitations of attorney-client privilege
- A Different Ode to Pro Bono Work
- N.C. Bar Association embraces homophobia
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