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Corporate – Promoter – Contract – Tort/Negligence – First Impression
Hansen v. Fields Co. (Lawyers Weekly No. 010-097-14, 8 pp.) (Kaye Hearn, J.) Appealed from Charleston County Circuit Court (Kristi Harrington, J.) S.C. S. Ct. Holding: Since the defendant-LLC never ratified any of its promoter’s preformation contracts, the LLC is not liable for any breach of those contracts; moreover, we adopt the majority rule that […]
Contract – Civil Practice – Issue Preservation – Contract Existence – Satisfaction
Stevens & Wilkinson of South Carolina, Inc. v. City of Columbia (Lawyers Weekly No. 010-094-14, 5 pp.) (Kaye Hearn, J.) Appealed from Richland County Circuit Court (L. Casey Manning, J.) On writ of certiorari to the Court of Appeals. Opinion No. 27433, S.C. S. Ct. Holding: The only issue that the defendant-city properly raised before […]
Criminal Practice – Evidence – Proffer Agreement – Defendant’s Breach – Admission of Statements
State v. Wills (Lawyers Weekly No. 010-075-14, 23 pp.) (Costa Pleicones, J.) (Donald Beatty, J., joined by Kaye Hearn, J., dissenting) Appealed from Horry County Circuit Court (Steven John, J.) On writ of certiorari to the Court of Appeals. S.C. S. Ct. Holding: Defendant and his attorney executed a proffer agreement wherein defendant agreed that […]
Tort/Negligence – Products Liability – ‘User’ – Label Warnings – Sophisticated User Doctrine
Lawing v. Trinity Manufacturing, Inc. Reading a package’s warning label is “using” the product; therefore, plaintiff was a user of defendants’ product when he checked the label to decide whether a blowtorch could be used near the product.
Tort/Negligence – Medical Malpractice – Civil Practice – Pre-Filing Affidavit – Breach – Proximate Cause
Grier v. AMISUB of South Carolina, Inc. Read together, S.C. Code Ann. §§ 15-79-125(A) and 15-36-100 require a medical malpractice plaintiff to file a notice of her intent to file suit, including an affidavit of an expert witness as to the defendant’s breach of the standard of care. The expert’s affidavit need not address proximate cause at the pre-filing stage.
Attorneys – Fiduciary Duty – Question of Law – Breach – Question of Fact – Former Client – Trusts & Estates – Life Insurance
Spence v. Wingate Although the existence of a fiduciary duty is a question of law for the court, our Court of Appeals was correct that there is a genuine issue of material fact as to whether the defendant-attorney breached his fiduciary duty to his former client. We modify and affirm the Court of Appeals’ decision, which reversed the circuit court’s grant of partial summary judgmen[...]
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
- Tort – Business Tort – Va. Computer Crimes Act – Trade Secrets
- Consumer Protection – FCRA – Auto Loan – Bank Accounting Errors
- Licenses & Permits – Beer & Wine Permit – Restrictive Covenant – Suitable Location
- Licenses & Permits – Veterinarian – Vaccine Maintenance
- State regulators look at car dealer accused of lying to customers
- Textile firm, railroad settle Graniteville train wreck lawsuit
- Subprime mortgage meltdown hits securities law
Commentary
- 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
- N.C. Bar Association embraces homophobia
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