A lawsuit against Wal-Mart and one of its store managers is heading back to state court after a federal judge ruled Nov. 6 that the manager can be held personally and jointly liable with the store for alleged negligence. Wal-Mart ...

Tagged with: Fraudulent Joinder

Stoney Marine International Ltd. v. Arthur J. Gallagher & Co. (Lawyers Weekly No. 002-006-17, 11 pp.) (David Norton, J.) 2:16-cv-01154; D.S.C. Holding: Even if plaintiffs did not read the renewal policy issued by defendant Arthur J. Gallagher & Co. for ...

Tagged with: Fraudulent Joinder LHWCA

Price v. Allstate Insurance Co. (Lawyers Weekly No. 002-130-15, 10 pp.) (J. Michelle Childs, J.) 1:14-cv-04081; D.S.C. Holding: Even though the South Carolina Supreme Court has held that independent adjusters hired by an insurance company do not owe a duty ...

Tagged with: Fraudulent Joinder

Cramer v. Walley (Lawyers Weekly No. 002-125-15, 13 pp.) (J. Michelle Childs, J.) 5:14-cv-03857; D.S.C. Holding: The defendant-underinsured motorist carrier has no duty to pay benefits until its insured – plaintiff – has obtained a judgment in excess of the ...

Tagged with: Fraudulent Joinder UIM

Greenspan v. Brothers Property Corp. (Lawyers Weekly No. 002-084-15, 14 pp.) (Richard Mark Gergel, J.) 2:14-cv-03875; D.S.C. Holding: Even though defendants had already removed this action when plaintiff amended his complaint to add a non-diverse defendant, given plaintiff’s pro se ...

Tagged with: Fraudulent Joinder Payment of Wages Act

Delaney v. CasePro, Inc. (Lawyers Weekly No. 002-079-15, 6 pp.) (David Norton, J.) 9:14-cv-04355; D.S.C. Holding: Even though the state court granted summary judgment against plaintiff on her claim against the South Carolina State Office of Veterans Affairs (SCDVA), a ...

Tagged with: Fraudulent Joinder

Brazell v. General Motors, LLC (Lawyers Weekly No. 002-067-15, 9 pp.) (Timothy Cain, J.) 6:14-cv-04588; D.S.C. Holding: Defendant General Motors, LLC, argues that, after an initial failed attempt at service, plaintiff has not actively litigated this case against South Carolina ...

Tagged with: Diversity Fraudulent Joinder

Low v. VantageSouth Bank (Lawyers Weekly No. 002-054-15, 6 pp.) (Bruce Howe Hendricks, J.) 4:13-cv-03396; D.S.C. Holding: The complaint does not indicate when plaintiffs should have learned (1) about defendants’ alleged conspiracy or (2) that defendants’ appraisals were negligent or ...

Tagged with: Fraudulent Joinder

Essex Homes Southeast, Inc. v. CommunityOne Bank, N.A. Even though plaintiff’s original complaint failed to state any claim against the only S.C. defendant named therein, plaintiff timely amended its complaint and added an S.C. defendant against which it does appear to have a claim. The defendant-bank’s motion to strike the amended complaint is denied. Plaintiff’s motion to remand to state court is granted.

Tagged with: Civil Practice Diversity Jurisdiction Fraudulent Joinder Remand

Hendrix Insurance Agency, Inc. v. Continental Casualty Co. (Lawyers Weekly No. 002-040-10, 14 pp.) (Henry M. Herlong Jr., Sr. J.) D.S.C. Holding: Where (1) plaintiff waited until after removal to federal court to add an S.C. resident as a defendant, ...

Tagged with: Breach of Contract Civil Practice Federal Jurisdiction Fraudulent Joinder Insurance Tort/Negligence