Where Sprint argued that Wireless Buybacks, by purchasing phones from Sprint’s customers for resale, tortiously interfered with contracts between Sprint and its customers, the contracts were found to be ambiguous on whether the practice was forbidden. Background Besides providing cellular ...
Read More »Tort Sprint customer contract found ambiguous
Negligence Church gun violence victims can sue U.S. 
Where there were lapses in the FBI’s National Instant Criminal Background Check System that allowed Dylann Roof to purchase his semiautomatic weapon, lawsuits seeking to hold the United States responsible will proceed. Background In the weeks following the tragic shooting ...
Read More »Tort Claims possible despite intervening bankruptcy 
Although the plaintiff failed to list her potential tort claims on her bankruptcy schedule, that omission does not necessarily preclude the plaintiff from bringing those claims if the district court concludes on remand the omission was the result of a ...
Read More »Tort/Negligence Products Liability – Auto Airbag – Strict Liability & Negligence – Insufficient Evidence 
Plaintiff Steven Newbern lost an eye because the airbag in plaintiffs’ Ford Focus deployed during an accident; the accident was similar to one in which Ford’s crash-test parameters said the airbag should not deploy. Plaintiffs attempt to rely on Ford’s ...
Read More »Tort/Negligence Defamation – Labor & Employment – Malice – Punitive Damages 
After a cursory investigation convinced defendants (plaintiff’s superiors) that plaintiff, a school security guard, had stolen $1,000 from a school for which he was supposed to provide security, defendants told others in the security department that plaintiff would be working ...
Read More »Tort/Negligence Proximate Cause – Suicide – Enhanced Injuries – Air Bag – Certified Questions 
In answer to two questions certified by the Fourth Circuit Court of Appeals, the court says (1) South Carolina does not recognize a general rule that suicide is an intervening act that always breaks the chain of causation in a ...
Read More »Tort Police escape liability in pregnant woman’s murder 
Police officers allowed the assailant, whom they knew, to delay surrendering on an arrest warrant, after which the assailant stabbed his pregnant wife outside the courthouse where she had just obtained a protective order against him. The officers’ conduct, however, ...
Read More »Tort Court dismisses claims against Navy officers and DoD personnel 
The defendants were acting within the scope of their employment when they investigated complaints that plaintiff abused and neglected his three minor children while stationed on an overseas military base. Background Barry Doe claims officers of the United States Navy ...
Read More »Tort/Negligence Medical Malpractice – Obstetric Emergency Statute – Medical Stability – Immediate Threat – Shoulder Dystocia 
This medical malpractice case arose from the defendant-doctor’s management of a baby’s shoulder being stuck under her mother’s pubic bone during delivery, which led to the baby suffering permanent brachial plexus nerve injury to the baby’s right arm. The parties’ ...
Read More »Tort/Negligence Products Liability – ‘Packaging’ – Plywood Shipment – Crush Danger 
The General Assembly did not define “product” in its products liability statute, and the South Carolina courts have not yet confronted the issue presented by plaintiff: whether the combination of plywood and its container – neither of which was dangerous ...
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