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Tag Archives: Immunity

County’s immunity argument fails (access required)

Forest

Georgetown County may owe a “tort-like” duty to owners of proposed subdivision lots who, after the developer went belly-up, now own nothing more than tracts of wooded area devoid of infrastructure, according to a recent South Carolina Court of Appeals ...

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Environmental – Civil Practice – Subject Matter Jurisdiction – Sovereign Immunity – FTCA – Discretionary Function Exception – AFB Chemical Use (access required)

Horton v. United States (Lawyers Weekly No. 002-132-14, 12 pp.) (Cameron McGowan Currie, J.) 3:13-cv-00947; D.S.C. Holding: Even after jurisdictional discovery, plaintiffs have failed to provide any evidence that Shaw Air Force Base violated any federal statute, regulation, or policy ...

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Criminal Practice – Castle Doctrine – Protection of Persons & Property Act – Immunity – Pre-Trial Motion – Standard of Proof – Preponderance of Evidence – First Impression (access required)

State v. Duncan Respondent shot and killed a man who was forcing his way across respondent's screen-in porch towards respondent's front door. The circuit correctly decided the issue of respondent's immunity from prosecution by way of a pre-trial hearing on respondent's motion to dismiss, and the applicable standard of proof was a preponderance of the evidence.

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