De La Fuente v. South Carolina Democratic Party (Lawyers Weekly No. 002-047-16, 19 pp.) (Cameron McGowan Currie, S.J.) 3:16-cv-00322; D.S.C. Holding: Despite receiving timely notice that his name would not appear on the ballot for the South Carolina Democratic presidential ...

Tagged with: Civil Practice

Protection & Advocacy for the People with Disabilities, Inc. v. South Carolina Department of Disabilities & Special Needs (Lawyers Weekly No. 011-020-16, 6 pp.) (James Lockemy, J.) Appealed from Richland County Circuit Court (G. Thomas Cooper Jr., J.) S.C. App. ...

Tagged with: Civil Practice

Timmons v. United States (Lawyers Weekly No. 002-044-16, 11 pp.) (R. Bryan Harwell, J.) 4:15-cv-00638; D.S.C. Holding: Plaintiffs’ complaint does not refer to the denial of their administrative claims; in fact, the complaint alleges that the claims have not been ...

Tagged with: Civil Practice

Besley v. FCA US, LLC (Lawyers Weekly No. 002-009-16, 12 pp.) (J. Michelle Childs, J.) 1:15-cv-01511; D.S.C. Holding: When plaintiff bought a new Dodge Ram pickup truck at a dealership, the Monroney sticker (15 U.S.C. §§ 1231 and 1232) said ...

Tagged with: Civil Practice

Meifert v. MI Windows & Doors, Inc. In their amended complaint, plaintiffs continue to assert that their windows, which were allegedly designed, manufactured, and sold by defendant, caused direct economic loss to the windows and other property in the home and consequential economic loss. Recovery for such damages is barred by the economic loss doctrine.

Tagged with: Civil Practice Contract Damages Statute of Limitations Tort/Negligence

Miller v. United States Even though the VA’s Patient and Nursing Home Resident Rights and Responsibilities document promises to provide patients with understandable information about the complaint process, it does not require VA personnel to explain the employment status of its physicians, nor does it require VA attorneys to counsel patients with malpractice claims on how they can best pursue their legal claims.

Tagged with: Civil Practice FTCA independent contractor Medical Malpractice Subject-Matter Jurisdiction Tort/Negligence

Liberty Mutual Fire Insurance Co. v. J.T. Walker Industries After the plaintiff-insurer settled several claims filed against its insured for amounts within the insured’s $500,000 deductible, the court had to determine the rights of the parties under their policies before the value of the amount due from the insured to the insurer could be fixed.

Tagged with: Breach of Contract Civil Practice

Clyburn v. Champagne Even though, after his suspension from the practice of law was lifted, counsel never received plaintiff’s file, he was still able to print a copy of the summons and complaint for delivery to his process server.

Tagged with: Attorneys Civil Practice Service of Process

Hutto v. South Carolina Retirement System Although the S.C. Retirement System is primarily funded by contributions from employers and employees, the state is required to appropriate funds to protect the fiscal integrity of the system. The Retirement System also receives funds directly from the state when South Carolina, as an employer, makes its annual appropriation.

Tagged with: Civil Practice Labor & Employment Public Employees

National Association for the Advancement of Colored People, Inc. v. Molly Darcy, Inc. Although the defendant-restaurant was closed to everyone – not just African Americans – during Black Bike Week, plaintiffs allege that the restaurant’s decision to temporarily close to the public was “undertaken with racially discriminatory animus for the purpose of denying African Americans access to a place of public accommodation.” Plaintiffs have stated a claim of intentional racial discrimination.

Tagged with: Civil Practice Civil Rights Race Discrimination Standing