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Tag Archives: Civil Practice

Tort/Negligence – Attorneys – Legal Malpractice – Civil Practice – Statute of Limitations – Workers’ Compensation – Personal Injury (access required)

Kimmer v. Wright Even before plaintiff’s workers’ comp claim was decided against him, his lawyer had admitted to making the mistake of settling with the third-party tortfeasor without giving notice to plaintiff’s employer, thereby endangering plaintiff’s workers‘ comp claim. Plaintiff was not entitled to await the outcome of his workers’ comp claim before filing a legal malpractice claim against his lawyer.

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Civil Practice – Federal Jurisdiction – Diversity – Corporate – ‘Nerve Center’ – Amount in Controversy – Punitive Damages (access required)

McClurkin v. Champion Laboratories, Inc. Even though the defendant-corporation has a facility in South Carolina, since it was incorporated in Delaware and has its “nerve center” in Illinois, defendant is a citizen of Delaware and Illinois but not of South Carolina. Plaintiff’s motion to remand to state court is denied. A corporation’s principal place of business is where the corporation’s high-level officers direct, control, and coordinate the corporation’s activities.

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Civil Practice – Appeals – Moot – Taxation – Municipal (access required)

Tourism Expenditure Review Committee v. City of Myrtle Beach The parties disagree on whether or not two expenditures by Myrtle Beach in 2003 were tourism-related within the meaning of S.C. Code Ann. § 6-4-10, such that they could be paid from accommodations tax revenues. Where the General Assembly has required all accommodations tax revenues withheld by the State Treasurer prior to July 1, 2006 to be returned to the entity from which they were withheld, the Tourism Expenditure Review Committee no longer has the authority to withhold accommodations tax revenues based on Myrtle Beach’s 2003 expenditures.

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Civil Practice – Diversity Jurisdiction – Non-Diverse Distributor – Tort/Negligence – Products Liability – Fraudulent Joinder Removal (access required)

Walker v. DePuy Orthopaedics, Inc. Given South Carolina’s expansive reading of the term “seller” when construing its strict liability statutes, the S.C. plaintiff has a chance of succeeding in her product liability claim against the two S.C. defendants, who delivered plaintiff’s hip implant to a hospital in South Carolina. Therefore, the non-diverse defendants were not fraudulently joined, and diversity is not complete. Plaintiff’s motion to remand to state court is granted.

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Civil Practice – Personal Jurisdiction – Jurisdictional Discovery – Motion to Amend (access required)

Sullivan v. Hawker Beechcraft Corp. Plaintiff failed to allege any facts to show respondents (1) have regular transactions of business or solicitation, (2) engage in a persistent course of conduct, (3) derive substantial revenue, or (4) consume goods or services rendered in South Carolina; thus, plaintiff failed to substantiate the trial court’s authority over respondents. The trial court correctly granted respondents’ Rule 12(b)(2), SCRCP, motion to dismiss.

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Civil Practice – Federal Jurisdiction – Removal – Class Action Fairness Act – State as Plaintiff – Parens Patriae – Remand — Antitrust (access required)

South Carolina v. LG Display Co. The State of South Carolina filed this antitrust action seeking civil forfeitures and statutory penalties pursuant to its parens patriae power in addition to seeking restitution on behalf of a particular subset of S.C. citizens. As such, this case is not removable under the Class Action Fairness Act. The state’s motion to remand to state court is granted.

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Civil Practice – Duplicative Lawsuits – First-Filed – Summons Without Complaint – Personal Jurisdiction – Labor & Employment – Attorneys (access required)

Seithel v. Feldman & Pinto, P.A. Even though plaintiff-attorney’s complaint in this action was filed before the defendant-law firm filed its complaint in Pennsylvania, the firm commenced the Pennsylvania action first by filing a summons without a complaint. Since the two lawsuits involve substantially the same parties and causes of action, they are duplicative. The Pennsylvania action has been removed to federal court there. The court grants the firm’s motion to transfer this case to federal court in Pennsylvania. The firm’s motion to dismiss is denied.

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Civil Rights – PPACA – Individual Mandate – University Challenge – Civil Practice – Federal Jurisdiction – Anti-Injunction Act (access required)

Liberty University Inc. v. Geithner The 4th Circuit has no jurisdiction to hear Liberty University’s constitutional challenge to the “individual mandate” of the Patient Protection and Affordable Care Act, as the federal Anti-Injunction Act strips the federal court of jurisdiction; the 4th Circuit vacates the district court decision upholding the individual mandate and remands the case for dismissal.

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Civil Practice – Forum Non Conveniens – Product Liability – Infant Formula – Chinese Residents (access required)

Tang v. Synutra Int’l Inc. Chinese citizens and residents who allege injury from melamine-contaminated infant formula may not sue a Chinese subsidiary of a company incorporated in Maryland in a Maryland federal court; the 4th Circuit says China is an available, adequate and more convenient forum to redress the plaintiffs’ grievances, and it affirms the district court’s dismissal on forum non conveniens grounds.

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