South Carolina Lawyers Weekly

Where an operator has complied with the water-quality standards promulgated under the Clean Water Act, an assertion that same conduct violates the Surface Mining Act fails because the Mining Act’s saving clause prevents liability for conduct that is otherwise shielded ...

The Charlotte-Mecklenburg Hospital Authority, which was created to serve a government function and possesses unique government powers, including eminent domain and the ability to issue bonds, qualifies as a “local government” and is immune from antitrust damages. Background This appeal ...

Defendant rear-ended plaintiff, and plaintiff sued. Although defendant argued to the jury that plaintiff’s pain resulted from his career as a bricklayer, defendant presented no evidence to contradict plaintiff’s evidence that his pain resulted from the accident. Although defendant also ...

Where the plaintiff offered photos, video evidence, and fact and expert witness testimony raising a disputed issue over whether loose bricks and sagging caulk in a town center were a dangerous condition, that the owner of the property should have ...

In an order that was at times self-contradictory, a bankruptcy court channeled claims arising out of the negligence of a manufacturer of gasoline cans into a personal injury trust funded by insurance companies and retailer Walmart. Our reading of the ...

Where a pipefitter diagnosed with mesothelioma testified he had no knowledge whether asbestos was used during the construction of a plant and the plant’s owners submitted copious evidence showing there was no asbestos at the plant, the owners prevailed on ...

Since the plaintiff-firefighter is employed by the county while the defendant-sheriff and his deputies are employed by the state, plaintiff could sue the sheriff for bodily injuries sustained in a vehicle collision between plaintiff and a deputy sheriff. We reverse ...

Even though fire damage to a commercial property exceeded the $1,000,000 in insurance that the lease required the defendant-owner to maintain, there was also evidence from which a jury could nevertheless decide that the owner had interfered in plaintiff’s sublease ...

Allegations that a pharmaceutical company did not sufficiently warn about certain risks of taking an anti-stroke medication were preempted by federal law because it did not have unilateral authority to change the warning label. Background Boehringer Ingelheim Pharmaceuticals Inc. developed ...

After being struck by another vehicle, plaintiff’s decedent’s motorcycle collided with a truck parked nearby. Plaintiff could not stave off summary judgment for the defendant-truck owner by filing an affidavit in which he relied on a generic schematic of an ...