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Certified Question

Jul 22, 2015

Supreme Court rejects novel fix-up in car wreck case

A logging company in Allendale County won’t be able to settle a multi-million dollar lawsuit pending against it by filing a malpractice claim against its attorneys and assigning the proceeds to the man injured in a wreck involving one of the company’s rigs, the South Carolina Supreme Court ruled July 15. George Skipper claims that […]

May 1, 2015

Tort/Negligence — Workers’ Compensation – Empty Chair Defense – Certified Questions – Chemical Exposure

Machin v. Carus Corp. (Lawyers Weekly No. 002-080-15, 9 pp.) (Joseph Anderson Jr., J.) 3:12-cv-02675; D.S.C. Holding: Where plaintiff was injured at work by exposure to a third party’s chemicals, South Carolina law is unclear as to whether the third party should be able to argue the empty chair defense (as to plaintiff’s employer) and […]

Sep 13, 2012

Real Property – Title Insurance – Damages – Valuation Date – Ambiguity – Certified Question

Whitlock v. Stewart Title Guaranty Co. Pursuant to a question certified to this court by the U.S. District Court for the District of South Carolina, we hold that where, as here, a title insurance contract does not clearly identify a date for measuring the diminution in value of the insured property or otherwise unambiguously provide for the method of valuation as a result of a title defec[...]

Jan 21, 2011

No procedural due process for administrators under Teacher Act

Overruling 15-year-old precedent, the state Supreme Court has held that school administrators do not have the right to a hearing to contest reductions in pay or reassignments under the Teacher Employment and Dismissal Act. The justices made the ruling in an answer to a certified question from the U.S. District Court in a lawsuit brought by a former Fairfield County deputy superintendent for human [...]

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