Civil Practice – Federal Jurisdiction – Enforcement of Prior Orders – Case Closed – Remand
The parties to this case are not diverse, and no federal question has been raised. Defendants allege this court has ancillary jurisdiction because of an allegedly factually interdependent federal case; however, that case was closed as of Aug. 10, 2017, so it cannot support ancillary federal jurisdiction over this case. The court grants plaintiff’s motion […]
Civil Practice – Federal Jurisdiction – Removal – Diversity – Turkish National – Labor & Employment
Sonoco Products Co. v. Guven Even though the Turkish defendant accepted a job in South Carolina and listed an S.C. address on an application to renew his re-entry permit, since defendant was not domiciled in South Carolina when this lawsuit was filed, there is diversity of citizenship between the parties.
Attorneys – Tort/Negligence – Legal Malpractice Claim – Civil Practice – Federal Jurisdiction – Patent Law – Expert Affidavit
Weil v. Killough The plaintiff-client alleges that the defendant-attorney, who also served as the client’s attorney-in-fact, failed to inform the client when the Patent and Trademark Office sent the attorney notice that a 7.5-year maintenance fee was due on the client’s patent.
Civil Practice – Federal Jurisdiction – Diversity – Interpleader – Insurance Proceeds – Non-Diverse Counterclaim Defendant – Crossclaim — Domestic Dispute
Barber v. American Family Home Insurance Co. Plaintiff Nancy Barber filed a breach of contract action against the defendant-insurer after the insurer made a check for insurance proceeds payable to both Nancy Barber and Kelly Barber.
Tort/Negligence – Defamation – Labor & Employment – Wrongful Termination – Civil Practice – Federal Jurisdiction – Diversity – Supervisors
Ragin v. Pilgrim’s Pride Corp. of GA Contrary to defendants’ argument, Yost v. City of Charleston (D.S.C. Nov. 24, 2009) does not stand for the proposition that a plaintiff may not sue co-workers for a defamatory statement made in connection with the plaintiff’s termination if the statements were made within the course and scope of their employment.
Civil Practice – Federal Jurisdiction – Diversity — Remand – Tort/Negligence – Storage Facility Manager
Doe v. OwenMcClelland LLC Plaintiff alleges that she was kidnapped, beaten, held against her will, and raped while a customer on the premises of the All-Safe Storage facility in Seneca. Although defendants contend that the facility manager was fraudulently joined as a defendant in order to defeat diversity jurisdiction, plaintiff has alleged that the manager had sufficient control over th[...]
Labor & Employment – Civil Rights — Race Discrimination Claim – Federal Jurisdiction – State Court — Removal
Bullock v. Napolitano The 4th Circuit upholds dismissal of this Title VII race discrimination suit filed by an African-American who was dismissed from the federal air marshal training program; the U.S. did not consent to be sued in North Carolina state court and removal of the suit to federal court, under the doctrine of derivative jurisdiction, did not cure that jurisdictional defect.
Civil Practice – Federal Jurisdiction – Damages – Attorneys – Legal Malpractice Claim – Real Property – Title Insurance
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 [...]
Civil Practice – Federal Jurisdiction – Diversity – S.C. Corporations – Merger
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. Comp[...]
Civil Practice – Federal Jurisdiction – Federal Question – HIPAA – Unfair Trade Practices — Remand
McKnight v. Surgical Associates of Myrtle Beach LLC Even though, as an element of her state-law unfair trade practices claim, plaintiff alleges that defendants violated a federal law - the Health Information Portability and Accountability Act of 1996 (HIPAA) - this allegation alone is insufficient to give this court federal question jurisdiction over plaintiff’s claim. Plaintiff’s [...]
Civil Practice – Federal Jurisdiction – Diversity – Corporate – ‘Nerve Center’ – Amount in Controversy – Punitive Damages
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[...]
Civil Practice – Federal Jurisdiction – Removal – Class Action Fairness Act – State as Plaintiff – Parens Patriae – Remand — Antitrust
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 gran[...]
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
- 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
- N.C. Bar Association embraces homophobia