We agree with our Court of Appeals that Opternative, Inc., has constitutional standing to challenge the constitutionality of the Eye Care Consumer Protection Law. However, in the context of constitutional standing, any discussion of the three elements of constitutional standing ...

Tagged with: Civil Practice

Pursuant to Rule 68, SCRCP, defendants offered judgment “for all claims alleged.” Plaintiff could not accept the offer and still hang on to his claims for treble damages and attorney’s fees. However, he is entitled to costs under Rule 68.  ...

Tagged with: Civil Practice

Defendants’ “Senior Scientist” apparently knew by 2007 that plaintiff was selling or licensing polymers that were subject to the parties’ contract. Nevertheless, defendants contend that no one in management had such knowledge, so it is a jury question whether the ...

Tagged with: Civil Practice

The pro se plaintiff, who filed his complaint on June 27, 2017, alleged that he received a notice of rights from the EEOC on March 27, 2017, which would indicate that suit was filed 91 days after plaintiff received the ...

Tagged with: Civil Practice

While the family court could allow the husband’s brother to intervene, based on his interest in some of the marital property, the court never should have allowed the brother to be involved in the matters of custody, child support, alimony, ...

Tagged with: Civil Practice

After plaintiff abandoned its nuclear power plant project, the General Assembly passed legislation requiring the Public Service Commission to lower plaintiff’s utility rates and to prohibit review of this “experimental” rate until November. Even though plaintiff does not have access ...

Tagged with: Civil Practice

The federal defendants’ plan to stop work on the Savannah River Site (SRS) mixed oxide fuel fabrication facility project (MOX facility or project) would violate an international treaty and a federal statute and would harm South Carolina by causing the ...

Tagged with: Civil Practice

Because the defendant-patentee took no further actions beyond sending plaintiff letters regarding potential patent infringement, the court cannot assert specific personal jurisdiction over defendant in this declaratory judgment action. The court grants defendant’s motion to dismiss for lack of personal ...

Tagged with: Civil Practice

The plaintiff-towing company’s permit to operate in the defendant-city was suspended for improper temporary staging in lots where owners could not retrieve their vehicles, refusing “drop payments” from owners as their vehicles were being towed, and violation of the two-mile ...

Tagged with: Civil Practice

Given the differences between Harley Week and Bikefest and the violence that occurred during Bikefest in 2014, plaintiffs have not shown that their constitutional rights are being violated by defendant’s institution of a traffic management plan for Bikefest. The court ...

Tagged with: Civil Practice