In this case arising from an employee’s development of a competing business while he was working for the plaintiff-employer and using plaintiff’s money, personnel and other resources, it is possible that the jury used plaintiff’s evidence of different categories of ...
Read More »Tort/Negligence – Breach of Contract with Fraud – Civil Practice – Election of Remedies
Tort/Negligence – Private plaintiff has no right to injunctive relief under RICO 
In an issue of first impression that has divided other circuits, the court held that the Racketeer Influenced and Corrupt Organizations, or RICO, Act does not give private plaintiffs a right to sue for injunctive relief. Background The named plaintiffs ...
Read More »Tort/Negligence – Father fails to show prison officials created danger that led to death 
Where a prison guard was beaten to death by an inmate, her father’s suit failed to plead facts showing how individuals who managed the prison or worked there created or enhanced the danger that resulted in her death. Background Sergeant ...
Read More »Tort/Negligence – Student claims school officials failed to stop harassment, abuse 
Although the defendants argued a student’s use of a Jane Doe pseudonym without court permission was a jurisdictional defect, that argument failed because her complaint alleging she was harmed by the school’s failure to end the sexual harassment and abuse ...
Read More »Tort/Negligence – Data Breach – Social Good Entities – Members’ Personal Information – Common Law Claims 
According to the complaint, plaintiffs are patrons of social good entities, those entities contracted with defendant to collect and store personally identifiable information (PII) and protected health information (PHI) from the entities’ patrons, and cybercriminals infiltrated defendant’s systems and stole ...
Read More »Tort/Negligence – Data Breach Security Act – Unfair Trade Practices 
S.C. Code Ann. § 39-1-90(A) requires a person conducting business in South Carolina and “owning or licensing computerized data or other data that includes personal identifying information” to notify South Carolina residents in the event of a data breach. Because ...
Read More »Tort/Negligence – Medical Malpractice – Emergency Defense – OB-GYN Patient 
Even though the defendant-doctor had provided obstetrical care and had a prior doctor-patient relationship with plaintiff Treva Flowers, since Treva’s delivery of plaintiff Ashley was complicated by the emergency situation of shoulder dystocia, the doctor was entitled to assert the ...
Read More »Tort/Negligence – TCA – Truck Driver – Port Crane – Jury Instructions – Comparative Negligence – Damages 
There was testimony that, when a Ports Authority crane operator started to lift the shipping container off plaintiff’s truck, the plaintiff-truck driver realized his shipping container was still attached to his truck and tried to free the truck from the ...
Read More »Tort/Negligence – TCA – Workers’ Compensation Commission – Attorneys – Fee Request – Gross Negligence Exception 
After the plaintiff-law firm negotiated a workers’ compensation settlement for its claimant-client but before it received any fees, the client dismissed the law firm. Even though the Workers’ Compensation Commission failed to notify the firm of a hearing at which ...
Read More »Tort/Negligence – Product Liability – Asbestos – Mesothelioma – Settlement Allocation 
When plaintiffs settled with other defendants in this mesothelioma case, they released all future claims, including wrongful death. Even though the settlement agreement itself did not allocate settlement funds, after plaintiffs obtained a judgment against the non-settling defendants, in order ...
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