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S.C. Supreme Court reverses course on civil conspiracy claims
Overruling decades of precedent, the South Carolina Supreme Court has abolished the requirement of pleading special damages as an element of a civil conspiracy claim, finding that it resulted from a “misinterpretation of law.” Leisel Paradis, a former teacher at James Island Charter High School in the Charleston County School District, filed a complaint […]
Tort/Negligence – Intentional Interference with Contract – Civil Conspiracy – Life Insurance – Domestic Relations – Divorce Decree
State Farm Life Insurance Co. v. Murphy (Lawyers Weekly No. 002-138-17, 13 pp.) (David Norton, J.) 2:15-cv-04793; D.S.C. Holding: Plaintiff brought this interpleader action because, in the aftermath of S.C. Code Ann. § 62-2-507, plaintiff was unable to determine the proper recipient of the $100,000 designated for defendant Murphy in her ex-husband’s life insurance policy. […]
Tort/Negligence – Civil Conspiracy – Labor & Employment – Public Employees – Police Officer
Saxton v. Irmo Police Department (Lawyers Weekly No. 002-069-16, 7 pp.) (Joseph Anderson Jr., J.) 3:15-cv-01244; D.S.C. Holding: As a public official, a police officer cannot normally bring a civil conspiracy claim against a member of the public arising out of that public official’s termination; furthermore, an at-will employee cannot maintain an action for civil […]
Tort/Negligence – Civil Conspiracy – Florida Law – Underlying Tort – Contract – Unjust Enrichment
Gentry Technology of S.C., Inc. v. Baptist Health South Florida, Inc. (Lawyers Weekly No. 002-033-16, 12 pp.) (J. Michelle Childs, J.) 1:14-cv-02127; D.S.C. Holding: Plaintiff has failed to cite to case law suggesting that its only other remaining claim – unjust enrichment – is an actionable underlying tort, as required to make out a claim […]
Labor & Employment — Termination – Tort/Negligence – Civil Conspiracy
Killian v. City of Abbeville (Lawyers Weekly No. 002-045-15, 9 pp.) (Timothy Cain, J.) 8:14-cv-01078; D.S.C. Holding: Where plaintiff’s civil conspiracy claim indicates that the individual defendants’ alleged misconduct resulted in his termination from at-will employment, his conspiracy claim must fail. Defendants’ motions to dismiss the conspiracy claim are granted. An at-will employee may [...]
Civil Rights – Civil Conspiracy – Race, Age & Disability Discrimination – Retaliation – Sovereign Immunity – School District
Grady v. Spartanburg Sch. Dist. Seven (Lawyers Weekly No. 002-073-14, 19 pp.) (G. Ross Anderson, Jr., J.) 7:13-cv-02020; D.S.C. Holding: The magistrate court properly determined that the plaintiff’s factual allegations sufficiently state a plausible claim of civil conspiracy against the individual defendants, and applied the proper sovereign immunity analysis in order to determine that the [&hel[...]
Tort/Negligence – Abuse of Process – Civil Conspiracy – Barratry – Ongoing Litigation – Appeals – Removal
Hickey v. Resolution Management Consultants, Inc. Since defendants’ abuse of process counterclaim alleges no acts other than plaintiffs’ – ultimately unsuccessful -- removal to federal court of four New Jersey state-court actions filed by defendants against plaintiff, defendants have failed to allege a willful act in the use of process not proper in the conduct of the proceeding.
Man claims officer had affair with his wife, then had him arrested
A Myrtle Beach man’s lawsuit against a Horry County police officer and state trooper is heavy on soap-opera drama and light on legal substance, a U.S. District Court judge in Florence has ruled. The plaintiff claimed that his wife was having an affair with the officer and that the two lovers conspired to have him arrested for drunken driving. His wife had told the officer that her husband wa[...]
Tort/Negligence – Civil Conspiracy – SCTCA – Labor & Employment – Public Employees – Prisons & Jails
Pridgen v. Ward. Plaintiff's evidence allowed a jury to conclude that defendants - a group of S.C. Department of Corrections (SCDC) employees - conspired and violated SCDOC policy in order to have plaintiff fired from his position with SCDOC. We affirm the . . .
Tort/Negligence – Conversion – Civil Conspiracy – Expert Witness – Actual Damages – Punitive Damages
Jenkins v. Few. The essence of a civil conspiracy claim is the damage resulting to the plaintiff. The damages alleged must go beyond the damages alleged in other causes of action. The evidence in this case supported the trial court's ruling that the plaintiff alleged . . .
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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