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Real Property – Mortgage Refinance – Attorney Preference – First Impression – Prepopulated Form
Boone v. Quicken Loans, Inc. (Lawyers Weekly No. 002-035-18, 11 pp.) (J. Michelle Childs, J.) 5:15-cv-04772; D.S.C. Holding: Even though plaintiffs complain that defendant sent them a mortgage refinance form prepopulated with “I/we will not use the services of legal counsel,” since (1) that was based on plaintiff Thelma Boone’s responses to defendant’s questions, (2) […]
Tort/Negligence – Contribution Among Joint Tortfeasors Act – First Impression – Unnamed Tortfeasor – Plaintiff Chooses Rule
Smith v. Tiffany (Lawyers Weekly No. 010-026-17, 23 pp.) (John Kittredge, J.) (Costa Pleicones, Acting Justice, dissenting) Appealed from Saluda County Circuit Court (R. Lawton McIntosh, J.) S.C. S. Ct. Holding: Once plaintiff settled with one of the alleged tortfeasors in an auto accident, that tortfeasor was immune from suit (pursuant to a covenant not […]
Attorneys – Attorney-Client Privilege – Choice of Law – First Impression – Common Interest & Joint Client Doctrines
Wellin v. Wellin (Lawyers Weekly No. 002-198-19, 37 pp.) (David Norton, J.) 2:13-cv-01831, 2:13-cv-03595, 2:14-cv-04067; D.S.C. Holding: In a matter of first impression, the court predicts that South Carolina’s courts would rule that the attorney-client privilege is a matter of substantive – not procedural – law and apply the most-significant-relationship test from the Restatement (Second) [[...]
Taxation – Multi-State Corporation – Apportionment – Securities Sales – First Impression
Duke Energy Corp. v. South Carolina Department of Revenue (Lawyers Weekly No. 010-010-16, 11 pp.) (Costa Pleicones, C.J.) Appealed from the Administrative Law Court (Ralph King Anderson III, ALJ) On writ of certiorari to the Court of Appeals. S.C. S. Ct. Holding: Multi-state companies pay South Carolina taxes pursuant to a multi-factor apportionment formula. It […]
Taxation — Multi-State Corporation – Apportionment – Securities Sales – First Impression
Duke Energy Corp. v. South Carolina Department of Revenue (Lawyers Weekly No. 010-010-16, 11 pp.) (Costa Pleicones, C.J.) Appealed from the Administrative Law Court (Ralph King Anderson III, ALJ) On writ of certiorari to the Court of Appeals. S.C. S. Ct. Holding: Multi-state companies pay South Carolina taxes pursuant to a multi-factor apportionment formula. It […]
Criminal Practice – Jury & Jurors – ‘Anonymous’ Jury – Murder Trial – First Impression – Constitutional – Hearsay Evidence – Murdered Witness — Conspiracy
U.S. v. Dinkins Using an ‘anonymous’ jury whose biographical information has been withheld from defense lawyers and defendants accused of drug-trafficking and the murder of government witnesses is not a reason to overturn their convictions; the 4th Circuit follows decisions by its sister circuits and provides guidelines for use of anonymous juries.
Civil Practice – Attorney’s Fees – Trade Secrets Act – First Impression — No Bad Faith Showing – Frivolous Proceedings Act – Copyright Act
Uhlig LLC v. Shirley Even though plaintiff’s claims against defendant Eventelope, LLC remained until plaintiff withdrew them just prior to submission of the case to the jury, plaintiff was substantially unable to complete the discovery which would have revealed the extent of Eventelope’s involvement in the misappropriation of trade secrets due to the parties’ disputes over the prope[...]
Bankruptcy – Chapter 13 – Household Size – Domestic Relations – Parent & Child – Split Custody – Children & Stepchildren – First Impression
Johnson v. Zimmer It’s not just “heads on the beds” that count when a bankruptcy court is trying to determine “household” size for a Chapter 13 debtor in a “blended” household that includes children and step-children who are part-time residents, but the “economic unit,” the 4th Circuit says in this first-impression case for all circuit courts; debtor may amend her plan t[...]
Criminal Practice – CSC with a Minor – Evidence – S.C. Homeland Security Act – Wiretapping by Parent – Vicarious Consent – First Impression – Forensic Interview
State v. Whitner Since the minor victim’s mother acted in good faith when she recorded the victim’s telephone conversations with defendant, the recordings were admissible under the S.C. Homeland Security Act.
Arbitration – Real Property – Sale of Completed Home – FAA Inapplicable – Intrastate Contract – First Impression
Bradley v. Brentwood Homes, Inc. When a buyer contracts to buy a completed house, the fact that out-of-state contractors were involved in building the house does not convert an intrastate contract into one involving interstate commerce. Therefore, the Federal Arbitration Act is inapplicable. Since the contract did not satisfy the requirements of the S.C. Uniform Arbitration Act, the buyer[...]
Bankruptcy – ‘Absolute Priority’ Rule – BAPCPA – First Impression – Chapter 11 – Debtors in Possession
Maharaj v. Stubbs & Perdue PA In this first-impression decision for federal appellate courts, the 4th Circuit says the “absolute priority rule” still applies to individual debtors in possession proceeding under chapter 11, after the 2005 amendments to the bankruptcy code.
Civil Practice – Appeals – Interlocutory – Motion to Dismiss – Forum Non Conveniens – First Impression
Burkey v. Noce On a matter of first impression, we rule that the denial of a motion to dismiss based on forum non conveniens is not immediately appealable. Appeal dismissed. While no S.C. case law concerns the immediate appealability of a denial of dismissal based specifically on forum non conveniens, the denial of a motion to dismiss under Rule 12(b)(6) is not generally appealable.[...]
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
- Licenses & Permits – Beer & Wine Permit – Restrictive Covenant – Suitable Location
- Consumer Protection – FCRA – Auto Loan – Bank Accounting Errors
- Licenses & Permits – Veterinarian – Vaccine Maintenance
- Tort – Business Tort – Va. Computer Crimes Act – Trade Secrets
- Textile firm, railroad settle Graniteville train wreck lawsuit
- State regulators look at car dealer accused of lying to customers
- 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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