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‘Defense of others’ not an offensive jury charge
In “defense of others” is a defense to a criminal charge, not an instruction for solicitors—at least in this case—to use offensively, the state Court of Appeals has ruled. When laying out its case against murder defendant Steven Otts, the 11th Circuit Solicitor’s Office told the Saluda County jury during its opening statement that the […]
Automaker’s comparative negligence defense nixed
Personal responsibility and product liability collided in a South Carolina Supreme Court opinion that bars automakers from raising the defense of comparative negligence in crashworthiness suits. The state’s highest court held on May 17 that General Motors could not use the defense to reduce its damages in a federal suit over a fatal crash involving […]
Tort/Negligence – Assumption of Duty – Train Engineer – Traffic Ticket – Defense
McPherson v. CSX Transportation, Inc. (Lawyers Weekly No. 002-104-17, 15 pp.) (Bruce Howe Hendricks, J.) 4:16-cv-02725; D.S.C. Holding: The North Charleston police cited plaintiff for obstructing a highway while plaintiff was operating one of defendant’s trains. Although plaintiff alleges that various contracts and defendant’s internal policies and procedures required defendant to defend the c[...]
Prisons & Jails – Failure to Exhaust Is Affirmative Defense
Custis v. Davis, Warden (Lawyers Weekly No. 001-079-17, 10 pp.) (Gregory, J.) No. 15-7533, March 23, 2017; USDC at Norfolk, Va. (Davis, J.) 4th Cir. Holding: The 4th Circuit reverses dismissal of a suit filed by an inmate who was assigned to a lower bunk because of missing toes on his right foot, and who […]
Arbitration – Court Suit May Waive Arbitration Defense
Iraq Middle Market Development Foundation v. Harmoosh (Lawyers Weekly No. 001-030-17, 16 pp.) (Motz, J.) No. 16-1403, Feb. 2, 2017; USDC at Baltimore, Md. (Russell, J.) 4th Cir. Holding: In a creditor’s suit in Maryland federal court to enforce a judgment from an Iraqi court on a $2 million promissory note guaranteed by appellee debtor […]
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
- Virginia Tech student got due process in hearing
- 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
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