South Carolina Lawyers Weekly

The requirement that a plaintiff plead special damages in order to state a claim for civil conspiracy resulted from a misreading of our caselaw. Plaintiffs need no longer plead special damages. A plaintiff asserting a civil conspiracy claim must establish ...

Where the record did not show the decedent had frequent, regular and proximate contact with a company’s asbestos insulation, the company prevailed on the wrongful death claims. Background After Charles F. Connor died at the age of 90 of mesothelioma, ...

After a fire damaged part of its building, the building’s owner believed it could profit more by declaring the building a total loss and selling rather than by complying with its lease and making repairs. The owner’s belief that its ...

Where a woman who had been associated with former Trump National Security Advisor Michael Flynn brought defamation claims against several media organizations claiming a conspiracy to defame and injure her, neither linking to the original article via a hyperlink nor ...

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 ...