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 ...

Tagged with: First Impression

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 ...

Tagged with: First Impression

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 ...

Tagged with: 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. ...

Tagged with: 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. ...

Tagged with: First Impression

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.

Tagged with: Conspiracy Constitutional Criminal Practice First Impression Jury & Jurors Murder Trial

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 proper protocol for the examination of defendants’ electronic files.

Tagged with: Attorneys' Fees Civil Practice 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 to reflect a household of five, not seven.

Tagged with: Bankruptcy Chapter 13 Domestic Relations First Impression Parent & Child

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.

Tagged with: Criminal Practice CSC with a Minor Evidence 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 was not required to submit his claims to arbitration.

Tagged with: Arbitration First Impression Real Property