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Tort/Negligence – FTCA – Navy Commissary – Slip & Fall – Discretionary Function & Independent Contractor Exceptions
Even though plaintiff was in a Navy commissary when she slipped and fell in a puddle of water under a leaky air conditioner, since a contractor provided daytime custodial services for the commissary, and since the contractor had responsibility for custodial services at the time of day when plaintiff fell, the Federal Tort Claims Act’s […]
Tort/Negligence – Medical Malpractice – FTCA – Pre-Suit Filing Requirements – Applicability – Statute of Limitations – Prostate Cancer Diagnosis
Grant v. United States (Lawyers Weekly No. 002-145-17, 22 pp.) (Cameron McGowan Currie, S.J.) 3:17-cv-00377; D.S.C. Holding: S.C. Code Ann. § 15-79-125’s pre-suit requirements for medical malpractice actions at least partially duplicate the administrative claim requirements of the Federal Tort Claims Act; furthermore, such proceedings would also presumably be under control of the state court [&[...]
Tort/Negligence – FTCA – Premises Liability – Handicapped Invitee – Gymnasium Stairs
Bell v. United States (Lawyers Weekly No. 002-140-17, 6 pp.) (Richard Mark Gergel, J.) 9:16-cv-01225; D.S.C. Holding: Plaintiff is partially paralyzed and walks with a cane, but she never objected to or asked defendant for assistance in walking up bleacher stairs. As a matter of law, the court cannot hold a landowner negligent when an […]
Tort/Negligence – FTCA – Premises Liability – Recreational Use Statute – Slippery Boat Landing
Bennett v. United States (Lawyers Weekly No. 002-137-17, 5 pp.) (Richard Mark Gergel, J.) 2:16-cv-02645; D.S.C. Holding: Where defendant installed a non-slip marine ladder at its boat landing, and where the ladder was securely affixed to the bulkhead, defendant exercised at least slight care in the ladder installation. Since defendant exercised at least some care, […]
Tort/Negligence – FTCA – Firearms Sale – Background Check – Dylan Roof
Sanders v. United States (Lawyers Weekly No. 002-096-17, 14 pp.) (Richard Mark Gergel, J.) 2:16-cv-02356; D.S.C. Holding: An FBI error in conducting a criminal background check resulted in Dylan Roof being allowed to purchase the handgun that he used two months later to murder nine parishioners and to attempt to murder three others at Mother […]
Tort/Negligence – FTCA – Subject Matter Jurisdiction – Safety Procedures – Training Accident
Conrad v. United States (Lawyers Weekly No. 002-095-17, 8 pp.) (Richard Mark Gergel, J.) 2:15-cv-01722; D.S.C. Holding: Plaintiff, an agent with the South Carolina Law Enforcement Division, was injured during a maritime tactical operations training program at the Federal Law Enforcement Training Center in North Charleston. There is a factual dispute about which manual, policy, […]
Tort/Negligence – FTCA – Administrative – Limitations Period – No Equitable Tolling
Timmons v. United States (Lawyers Weekly No. 002-039-17, 14 pp.) (R. Bryan Harwell, J.) 4:15-cv-00638 D.S.C. Holding: When the U.S. Department of Health and Human Services’ denied plaintiffs’ medical malpractice claim, the denial letter did not mention Conway Medical Center or its staff, but this omission of nongovernmental defendants does not give plaintiffs extra time […]
Tort/Negligence – No FTCA Claim for Injury at Navy Training Facility
Wood v. U.S. (Lawyers Weekly No. 001-011-17, 22 pp.) (Niemeyer, J.) No. 15-2106, Jan. 4, 2017; USDC at Norfolk, Va. (Jackson, J.) 4th Cir. Holding: A Norfolk sheriff’s deputy who was seriously injured during a training session on a Naval base when she jumped from a training structure onto a set of mats, landing in […]
Civil Practice – FTCA Med-Mal Claim Filed Too Late
Raplee v. U.S. (Lawyers Weekly No. 001-165-16, 17 pp.) (Motz, J.) No. 14-1217, Nov. 22, 2016; USDC at Greenbelt, Md. (Grimm, J.) 4th Cir. Holding: The 4th Circuit affirms dismissal of plaintiff’s medical malpractice claim filed under the Federal Tort Claims because the claim was untimely; although plaintiff’s first lawyer filed his FTCA med-mal claim […]
Tort/Negligence – Medical Malpractice – FTCA – Administrative Claim – Inadequate Notice
Belton v. United States (Lawyers Weekly No. 002-139-16, 7 pp.) (Margaret Seymour, S.J.) 3:15-cv-01456; D.S.C. Holding: The Form SF95 that plaintiff filed with the Department of Veterans Affairs neither discusses whether the VA failed to promptly diagnose and commence treatment of plaintiff, not does it alert the VA that plaintiff might seek to recover under […]
Tort/Negligence – FTCA – Medical Malpractice – Civil Practice – Pleading Amendment – Reconsideration
Belton v. United States (Lawyers Weekly No. 002-203-15, 6 pp.) (Margaret Seymour, S.J.) 3:15-cv-01456; D.S.C. Holding: Even though plaintiff alleges that a government contractor – rather than a government employee – performed the surgery that injured him, since plaintiff’s proposed amended complaint alleged a violation of the Federal Tort Claims Act based on VA doctors’ […]
Civil Practice — Federal Jurisdiction – Labor & Employment – AG Certification –Scope of Employment – Tort/Negligence – FTCA
Lee v. Jones (Lawyers Weekly No. 002-112-15, 15 pp.) (J. Michelle Childs, J.) 1:14-cv-04159; D.S.C. Holding: The defendant-doctor was not furthering his employer’s interest when he allegedly sexually assaulted plaintiff; therefore, the U.S. Attorney did not err in failing to certify that the doctor was acting within the scope of his employment. The court severs […]
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
- 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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