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Civil Practice – Appeals – Remand Order – Stay Motion – Zoning
The defendant-developers have failed to show that they are likely to succeed against the plaintiff-county’s claims that defendants are violating county zoning ordinances in their attempts to develop their land on Johns Island; moreover, the county will be irreparably harmed if defendants are allowed to continue their development activities. The court denies defendants’ motion for […]
Civil Practice – Appeals – Issue Preservation – Previous Ruling – Administrative – Hospital CON
In the parties’ first contested case, the Administrative Law Court ruled that the South Carolina Health Plan made only existing health care providers in York County eligible for additional hospital beds; petitioner successfully challenged that ruling on dormant Commerce Clause grounds. In the parties’ second contested case, the ALC ruled against petitioner on the basis […]
Criminal Practice – Stand Your Ground – Immunity Claim – Guilty Plea – Appeals
Indicted for attempted murder, defendant asserted immunity from prosecution pursuant to the Protection of Persons and Property Act (the Act); the trial court denied defendant’s immunity claim; and defendant then pled guilty to the lesser-included offense of assault and battery of a high and aggravated nature. Defendant’s guilty plea prohibits his assertion, on appeal, that […]
Tort/Negligence – Appeals – Evidence – Store Security Guard – Deadly Car Chase – Negligent Hiring
A jury found that plaintiff could not recover from the company that provided security for the defendant-store or from the security guard who engaged in a high-speed chase preceding the single-car accident that killed plaintiff’s decedent. Although, in a prior appeal, plaintiff did not preserve the issue of the store’s negligence in hiring the security […]
Civil Practice – Appeals – Insufficient Grounds
Holding: Appellants have failed to demonstrate grounds for appellate review under G.S. § 7A-27(a)(3). The appeals in this matter are therefore dismissed. In re Southeastern Eye Center (Lawyers Weekly No. 010-010-18, 1 p.) (Michael Morgan, J., for the court) Appealed from Wake County. S.C. S. Ct.
Civil Practice – Appeals – ‘Notice’ – Email – Prospective Application
Holding: An email that provides written notice of entry of an order or judgment triggers the time for serving a notice of appeal, if the email is sent from the court, an attorney of record or party. However, given the novelty of the issue, the frequency with which the issue is likely to arise, and […]
Criminal Practice – Appeals – Untimely – First Impression – Sua Sponte Dismissal
United States v. Oliver (Lawyers Weekly No. 001-002-18, 17 pp.) (Roger Gregory, C.J.) 15-4376; Dec. 20, 2017; USDC at Orangeburg, S.C. (Margaret Seymour, S.J.) 4th Cir. Holding: It is the government’s responsibility to raise the issue of the untimeliness of a defendant’s appeal; however, the defendant in this case had already pursued collateral review before he filed his […]
Civil Practice – Appeals – Trusts & Estates – Probate Court – Interlocutory Order
Dorn v. Cohen (Lawyers Weekly No. 010-004-18, 4 pp.) (Per Curiam) Appealed from Horry County Circuit Court (Deadra Jefferson, J.) On writ of certiorari to the Court of Appeals. S.C. S. Ct. Holding: Although the Court of Appeals applied the wrong statute (S.C. Code Ann. § 14-3-330) in determining whether a probate court order was […]
Criminal Practice – Motion to Suppress – Appeals – Magistrate to Circuit Court
State v. Looper (Lawyers Weekly No. 010-061-17, 6 pp.) (John Kittredge, J.) Appealed from Greenville County Circuit Court (Letitia Verdin, J.) On writ of certiorari to the Court of Appeals. S.C. S. Ct. Holding: A magistrate granted defendant’s motion to suppress and dismissed the DUI charge against him, the state appealed, and the circuit court […]
Civil Practice – Appeals – Interlocutory – Collateral Order Doctrine – Importance – Severed State Claim
Campbell-McCormick, Inc. v. Oliver (Lawyers Weekly No. 001-190-17, 14 pp.) (Robert King, J.) 16-1895; Oct. 24, 2017; USDC at Baltimore, Md. (Catherine Blake, C.J.) 4th Cir. Holding: Where (1) plaintiff filed his asbestos exposure claims in state court, (2) defendant brought a third-party contribution claim against General Electric Co., and (3) GE asserted the federal […]
Civil Practice – Appeals – Interlocutory – Receivership – S.C. Ponzi Scheme Law
Ashmore v. Sullivan (Lawyers Weekly No. 002-141-17, 9 pp.) (J. Michelle Childs, J.) 8:15-cv-00563; D.S.C. Holding: Defendants – net winners of $3.2 million in a Ponzi scheme – asked this court to certify several questions to the South Carolina Supreme Court, but this court declined, finding, “South Carolina has sufficient controlling precedent regarding Ponzi schemes […]
Civil Practice – Appeals – Interlocutory Order – Dismissal with Leave to Amend – First Impression
Tillman v. Tillman (Lawyers Weekly No. 011-040-17, 4 pp.) (D. Garrison Hill, J.) Appealed from Dorchester County Circuit Court (Diane Schafer Goodstein, J.) S.C. App. Holding: Where the circuit court’s order granted plaintiff’s motion to dismiss defendants’ counterclaim while simultaneously inviting defendants to move to amend their counterclaim, the order is not immediately appealable. Appe[...]
Business Law
- Economy forces attorneys to get down to business
- Business Court judges trawl for customers
- Va. company's Web site did not subject business to personal jurisdiction in S.C., appeals panel rules
- Former running back from S.C. wins courtroom victory in contract dispute
- Contract – Government Contract – Qui Tam – False Claims Act
- Licenses & Permits – Beer & Wine Permit – Restrictive Covenant – Suitable Location
- Consumer Protection – FCRA – Auto Loan – Bank Accounting Errors
- Licenses & Permits – Veterinarian – Vaccine Maintenance
- Tort – Business Tort – Va. Computer Crimes Act – Trade Secrets
- Textile firm, railroad settle Graniteville train wreck lawsuit
- State regulators look at car dealer accused of lying to customers
- Subprime mortgage meltdown hits securities law
Commentary
- Virginia Tech student got due process in hearing
- High court justices cross the line of propriety
- High court’s term was rough on big business
- The flip side of generative AI in law and how to address it
- The fight for equal educational opportunity continues
- Letter From The Editor – Working from Home
- NLRB joins FTC in taking aim at non-competes
- Supreme Court leaves key internet protection untouched
- US Supreme Court bites back at parody’s use of the First Amendment
- My goal: Provide the information that you need now
- Case study: North Carolina courts provide guidance on scope, limitations of attorney-client privilege
- A Different Ode to Pro Bono Work
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