A question of whether Wal-Mart was liable for the death of a woman who crashed her car during a high speed chase with one of the store’s security guards produced three different answers—but ultimately no relief for the woman’s estate.Read More »
The South Carolina Supreme Court’s ruling in a lawsuit involving the death of an infant appears to have created a new way in which plaintiffs can prove that a product is defective. The decision also could bleed over into the medical-malpractice arena, making certain cases more difficult to bring.Read More »
The American Bar Association has updated its model rules of professional conduct in an attempt to keep pace with technology and make life easier for lawyers who chase work across state lines. But it remains to be seen whether the Carolinas will adopt the changes.Read More »
The South Carolina Supreme Court has definitively ruled for the first time that the Unfair Trade Practices Act applies to the legal profession. The unanimous court determined Aug. 15 in an otherwise unremarkable legal malpractice case, RFT Management Co. v. Tinsley & Adams, that legal services ought to be considered a trade or business that is subject to the UTPA.
Tagged with: Legal MalpracticeRead More »
Insurance giant American International Group and related subsidiaries have agreed to pay $4 million to settle claims that they charged almost 6,000 South Carolina companies inflated premiums for workers’ compensation insurance during the 2005- 2007 policy years.
Tagged with: Workers' CompensationRead More »
On July 5, when the 4th U.S. Circuit Court of Appeals ruled against a life insurer which had accepted premium payments, but later declared the deceased hasn’t been eligible for coverage, attorneys hailed the ruling as one of the most important Employment Retirement Income and Security Act decisions to come out of the court in years.Read More »
In late June, as anticipation grew for a decision on the Affordable Care Act, the U.S. Supreme Court handed down a decision of equal importance – at least to some 90,000 pharmaceutical sales representatives across the country. In a 5-4 ruling in Christopher v. SmithKline Beecham Corp., the court decided that those representatives do not qualify for overtime pay under the Fair Labor Standards Act.Read More »
When employees hand in their resignation letters, there’s little a company can do to prevent them from taking their talents to the competition. But one South Carolina company was able to prevent a research physicist from taking the knowledge he learned while working there and using it to go into business for himself.
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Authorized access to a computer for an alleged unlawful purpose does not give rise to liability under the Computer Fraud and Abuse Act, the 4th U.S. Circuit Court of Appeals held on July 26, joining the Ninth Circuit in a growing split among the circuits and a possible showdown before the U.S. Supreme Court next term.Read More »
Before she was sued in a state that she had never visited by people from as far away as South Wales for making defamatory online comments about an animal rescue group, Susan Barrett didn’t know much of anything about strategic lawsuits against public participation. Now, though, the Winston-Salem woman’s bank account is hurting, her blood pressure is up and she is encouraging lawmakers to renew stalled efforts to enact anti-SLAPP regulations that would make it more difficult for corporations and other well-heeled litigants to silence their critics with the threat of costly litigation.Read More »