Considering both the three-year statute of limitations and the discovery rule, under the facts of this case, there was a jury issue as to whether the statute of limitations had expired by the time the action was commenced against defendant ...
Read More »Civil Practice – Statute of Limitations – Discovery Rule – Jury Issue
Immigration – Applicant granted remand order not entitled to attorneys’ fees 
Where a district court directed the U.S. Citizenship and Immigration Services, or USCIS, to adjudicate the plaintiff’s naturalization application within 45 days and retained jurisdiction to hear the case if the agency failed to comply, the plaintiff did not qualify ...
Read More »Labor & Employment – Employee stock ownership plan denied windfall 
Where the owner of a company sold his shares to the employee stock ownership plan, or ESOP, but the ESOP paid an inflated price for the shares, the owner was liable for the price difference. But, because he forgave certain ...
Read More »Criminal Practice – Government’s discovery failures in trial of coal mine CEO are excused 
Where the government failed to produce documents in the trial of Massey Energy CEO who, after a coal mine explosion, was convicted of conspiracy to willfully violate mandatory federal mine safety and health standards, his conviction was upheld because he ...
Read More »Contract – Employee was improperly denied disability benefits 
Where the employee has to stand, walk or lie down as a break from sitting about every 10 minutes and requires heavy levels of narcotics to manage his pain, he is incapable of full-time employment and thus disabled under the ...
Read More »Domestic Relations – Property Settlement – Civil Contempt – Advice of Counsel – Alimony – Attorney’s Fees 
In the parties’ property settlement, the defendant-husband agreed to pay the plaintiff-wife up to $50,000 per year from payments he received “from patents, trademarks, and licensing agreements.” This provision was broad enough to encompass the quarterly payments defendant received from ...
Read More »Criminal Practice – Search & Seizure – Cell Phone Records – Confrontation Clause – Police Interrogation 
Even if cell site location information, which was initially obtained from defendant’s cell phone service provider pursuant to an emergency disclosure form, would not have been admissible, its admission did not violate defendant’s rights under S.C. Const. art. 1, § ...
Read More »Criminal Practice – Murder – Hand of One – Shooter’s Acquittal 
The state proved beyond a reasonable doubt that defendant joined with two others, Donavon and Charles, to rob the victim and that Donavon murdered the victim in the course of the robbery. Although the jury convicted defendant on the theory ...
Read More »Labor & Employment – At Will – Contract – Implied Covenant of Good Faith – Tortious Interference 
In response to questions certified by the federal district court, we hold that (1) terminable-at-will employment relationships are contractual in nature as a matter of law, (2) the implied covenant of good faith and fair dealing arises in the context ...
Read More »Tort/Negligence – Claim that contamination at Camp Lejeune caused a death is dismissed 
Where a widow alleged her husband’s death was caused by his exposure to contaminated water and environmental toxins while he was stationed at Camp Lejeune, her complaint was dismissed. The alleged exposure occurred in the course of the decedent’s day-to-day, ...
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