Quantcast
Home (page 19)

Tag Archives: Civil Practice

Insurance – Auto – UIM – Attorney’s Fees & Costs – Civil Practice – Discovery Violation (access required)

National Union Fire Insurance Co. of Pittsburgh v. Bettencourt The S.C. underinsured motorist statute reflects the General Assembly’s intent to limit the remuneration available from UIM coverage to actual damages stemming from bodily injury or punitive damages arising out of the accident causing that bodily injury. Neither S.C. Code Ann. § 38-77-160 nor S.C. case law supports the proposition that attorney’s fees and costs arising from an at-fault driver’s insurer’s failure to make an admission of fact under Rules 36 and 37(c), SCRCP, are compensable under the UIM statute.

Read More »

Civil Practice – Personal Jurisdiction – Specific Jurisdiction – Stream-of-Commerce Plus Test – Aviation Manufacturer (access required)

Smith v. Teledyne Continental Motors, Inc. Defendant has extensive contacts with South Carolina related to the sale of its aviation engines. It does not violate defendant’s due process rights for this court to exercise specific personal jurisdiction over defendant. Defendant’s motion to dismiss for lack of personal jurisdiction is denied.

Read More »

Constitutional – Free Speech – Civil Practice – Preliminary Injunction – Occupy Columbia – Camping – State House Grounds (access required)

Occupy Columbia v. Haley Plaintiffs are likely to establish that Occupy Columbia’s camping on the State House grounds is expressive conduct, and defendants’ unwritten and ever-changing “conditions” for such an encampment are not valid time, place and manner restrictions. Defendants are preliminarily enjoined from interfering with plaintiffs’ 24-hour occupation of the State House grounds, including sleeping on the grounds and the use of sleeping bags and tents.

Read More »

Civil Practice – Federal Jurisdiction – Damages – Attorneys – Legal Malpractice Claim – Real Property – Title Insurance (access required)

Fidelity National Title Insurance Co. v. Bernstein According to the plaintiff-title insurer, the defendant-attorney negligently failed to have a prior $200,000 mortgage cancelled or released as part of a real estate closing; later, the bank foreclosed, and the title insurer had to pay $200,000 to satisfy the prior mortgage. Although the foreclosing bank still has the mortgaged properties and could sell them, the attorney has failed to show that the title insurer has not incurred enough damages to allow this court to exercise diversity jurisdiction.

Read More »

Contract – Civil Practice – Subject Matter Jurisdiction — Iraqi Military Equipment — Refurbishment & Disposal Agreement – Foreign Sovereign Immunity Rejected (access required)

Wye Oak Technology Inc. v. Republic of Iraq In this dispute over a company’s contract with the Iraqi Ministry of Defense to refurbish and dispose of Iraqi military equipment, the district court did not err in denying Iraq’s motion to dismiss on the basis of foreign sovereign immunity, the 4th Circuit says. Under the Foreign Sovereign Immunities Act, 28 U.S.C. §§ 1602-11, a federal court has subject matter jurisdiction only if that claim falls within one of the FSIA’s exceptions to immunity.

Read More »

Civil Practice – Personal Jurisdiction – Corporate Shareholders – Specific Jurisdiction – Decision-Making (access required)

Kidston v. Resources Planning Corp. Even though the out-of-state shareholder defendants maintain that they did not actively participate in the management of the defendant-company, make any decisions on behalf of the company, hire or fire employees, attend board meetings, serve on the board of directors, or otherwise have any role in the company’s management, plaintiff alleges that the shareholder defendants (1) acted as the sole shareholders of a corporate citizen of South Carolina; (2) directly participated...

Read More »

Civil Practice – Appeals – Issue Preservation – Arbitration – Preemption – Not Raised (access required)

Herron v. Century BMW The issue of whether the Federal Arbitration Act preempted our state’s legislative policy as set forth in the Dealers Act was never raised until appellant petitioned this court for rehearing. Thus, the issue was not preserved for appellate review. On remand from the U.S. Supreme Court for reconsideration in light of AT&T Mobility, LLC v. Concepcion, 131 S. Ct. 1740 (2011), we reinstate our original opinion.

Read More »

Bankruptcy – Automatic Stay – Motion for Relief – Civil Practice — Party in Interest – Real Property – Mortgages – Assignment – Res Judicata (access required)

In re Jeter The debtors had ample opportunity to assert any issues regarding the secured creditor’s status or the authenticity of any transfers that led to The CIT Group’s claimed secured creditor position at the time of the confirmation of the debtors’ Chapter 13 plan. The debtors elected not to pursue any such issues; consequently, the debtors cannot claim well after confirmation of their plan that The CIT Group was not the proper party in interest.

Read More »

Civil Practice – Federal Jurisdiction – Diversity – S.C. Corporations – Merger (access required)

Mendenall v. Walterboro Veneer, Inc. </emAt the time plaintiff filed her complaint (and even at the time her cause of action arose), the S.C. corporations that plaintiff named as defendants had already merged into the surviving out-of-state corporation. The S.C. defendants no longer exist; therefore, there is no possibility that plaintiff could establish a cause of action against them. Complete diversity exists between the parties. Plaintiff’s motion to remand to state court is denied.

Read More »

Tort/Negligence – SCTCA — Civil Practice – Jurisdiction – Municipal Airport (access required)

Randolph M. James, P.C. v. Oconee County Aeronautics Commission Pursuant to the Oconee County ordinances, the defendant-commission lacks the capacity to be sued; the proper defendant is the county itself. Since the county is the proper defendant, plaintiff’s negligence claim is governed by the S.C. Tort Claims Act, and jurisdiction over such claims lies only in state court. Defendant’s motion to dismiss is granted.

Read More »