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Manager can be jointly liable for negligence
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 […]
Civil Practice — Removal Jurisdiction – Fraudulent Joinder Claim – Insurance – Former Agency
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 […]
Civil Practice — Diversity Jurisdiction – Auto Insurance – Tort/Negligence – In-House Adjuster – Fraudulent Joinder
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 […]
Insurance — Auto – UIM – Bad Faith – Simultaneous Claims – Severance – 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 – […]
Civil Practice — Diversity Jurisdiction – Pleading Amendment – Non-Diverse Defendant – Labor & Employment – Wrongful Termination – First Impression – Remand
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 […]
Civil Practice — Federal Jurisdiction – Diversity – Fraudulent Joinder Claim – State Agency
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 […]
Civil Practice — Federal Jurisdiction – Diversity – Fraudulent Joinder Claim – Remand – Tort/Negligence – Products Liability – Silverado
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, […]
Civil Practice — Federal Jurisdiction – Diversity – Fraudulent Joinder – Statute of Limitations – Federal Question – Real Property – Inflated Appraisals – Banks & Banking
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’ […]
Civil Practice – Diversity Jurisdiction – Fraudulent Joinder – Necessary Party – Remand
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 reman[...]
Civil Practice – Federal Jurisdiction – Fraudulent Joinder – Insurance – Breach of Contract – Tort/Negligence – Misrepresentations
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 […]
Civil Practice – Diversity Jurisdiction – Fraudulent Joinder – Insurance – Long-Term Care – Alzheimer’s – Negligent Misrepresentation & Unfair Trade Practices
Newman v. Bankers Life & Casualty Co. (Lawyers Weekly No. 002-038-10, 6 pp.) (David C. Norton, Ch.J.) D.S.C. Holding: Even though the defendant-insurer denied plaintiff’s claim under her long-term care […]
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
- Conduct a technology audit to improve law firm efficiency
- When the client brings ChatGPT to the consultation
- Where is she now, this model who was so beautiful?
- Content Marketing: Where law firms lose referrals and how to prevent it
- Your best people are not leaving for more money — they are leaving because you stopped paying attention
- Best at Work Insights: The choice we’re making about AI
- Beyond burnout: The case for workplaces where people thrive
- The December question every leader should anticipate
- Best at Work Insights: Don’t Import 996: Why America Should Reject Overwork Culture
- Law ‘n History: The beer, scandal and haunted mansion of the Lemp dynasty
- Using QALY to quantify emotional distress in legal cases
- Building relationships strengthens law firms, professional growth
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