South Carolina Lawyers Weekly

Plaintiff alleges that defendants arranged for transportation of property, using an unsafe trucking company whose negligence resulted in a traffic accident. Plaintiff’s allegations support only an inference that the trucking company and driver were independent contractors—not employees—of defendants. Furthermore, she ...

In this case involving equitable indemnity from a third-party defendant, we follow the majority rule as to attorney’s fees: the third-party plaintiffs may recover the attorneys’ fees they incurred in defending the underlying lawsuit but not the attorneys’ fees they ...

Where the plaintiff’s own expert during a deposition refused to express her opinion to a reasonable degree of medical certainty that the plaintiff aspirated thin liquids, the defect could not be cured with a later-submitted affidavit. Background In this medical ...

Because defendant did not assert the statutory cap on punitive damages as an affirmative defense, defendant waived the statutory cap. We affirm the circuit court’s denial of defendant Target Corp.’s motion for judgment notwithstanding the verdict as to liability. We ...

The fact that an assistant solicitor eventually nolle prossed an assault charge against plaintiff does not mean that plaintiff was falsely arrested or maliciously prosecuted. The Protection of Persons and Property Act does not provide immunity from arrest, only prosecution. ...

Because defendant did not assert the statutory cap on punitive damages as an affirmative defense, defendant waived the statutory cap. We affirm the circuit court’s denial of defendant Target Corp.’s motion for judgment notwithstanding the verdict as to liability. We ...

The district court predicts that the South Carolina Supreme Court would (1) conclude that the plaintiff-telecommunications service provider is eligible to recover loss-of-use damages for the downtime it experienced when defendant severed plaintiff’s fiber-optic cable and (2) allow plaintiff to ...

We improvidently granted a writ of certiorari to review the Court of Appeals’ decision (Defendant’s employers, the Gabys, tasked him with investigating the plaintiff-designer/home builder’s progress (or lack thereof) on the Gaby project, so defendant had a qualified privilege when ...

Where the fraternal order of Freemasons sued a splinter group that started their own chapter for unlawfully holding itself out as an extension of the original organization, the fraud, tortious interference and intellectual property claims were properly dismissed. Background This ...

Two opinion pieces in the defendant-publisher’s newspaper referred to statements made by a school superintendent at a press conference and otherwise relayed the author’s opinions that a high school football team’s post-game ritual was racist. The publisher is protected by ...