South Carolina Lawyers Weekly
Carnes v. Eli Lilly & Co. Plaintiff’s doctors said that, even if Cymbalta’s warning label had included the warning plaintiff says it should have included, they would still have prescribed Cymbalta to plaintiff.
Tagged with: Insufficient
Read More »Tort/Negligence – Products Liability – Prescription Drug – Warning Label – Learned Intermediary Doctrine
Civil Practice – Personal Jurisdiction – Specific Jurisdiction – Minimum Contacts – Corporate Shareholder – Insufficient 
Roper v. TAP Pharmaceutical Products, Inc. Defendant Abbott Laboratories is an Illinois corporation with its principal place of business in Illinois. The fact that Abbott owned 50 percent of the stock in a corporation that manufactured the drug that allegedly injured plaintiff in South Carolina is not enough to give this court personal jurisdiction over Abbott.
Tagged with: Civil Practice Insufficient Personal Jurisdiction Specific Jurisdiction
Read More »Civil Practice – Offer of Judgment – Mootness – Insufficient – Class Action Certification – Unmanageable – Labor & Employment – FLSA – Overtime Pay
Pelczynski v. Orange Lake Country Club, Inc. Although an offer of judgment under Fed. R. Civ. P. 68(a) that clearly meets the demands of a plaintiff will moot a case and ultimately require dismissal, since the parties dispute the amount of hours worked by plaintiffs, defendant’s unilateral calculation of the amounts set out in its offer of judgment does not clearly meet plaintiffs’ demands.
Tagged with: Civil Practice FLSA Insufficient Labor & Employment Mootness
Read More »Criminal Practice – Search & Seizure – Probable Cause — Traffic Stop – Visual Speed Estimate — Insufficient
U.S. v. Sowards A deputy’s visual estimate of a driver’s speed – uncorroborated by radar or pacing and unsupported by any other indicia of reliability – did not provide probable cause to stop the driver for driving 75 in a 70-mph zone, and the 4th Circuit says the district court erred in denying defendant’s motion to suppress cocaine discovered in the car after the traffic stop.
Tagged with: Criminal Practice Insufficient Probable Cause Search & Seizure Traffic Stop
Read More »Criminal Practice – Circumstantial Evidence – Insufficient – Burglary – Flight
State v. Odems Where the state’s circumstantial evidence showed only that (1) when stopped by a sheriff’s deputy, defendant was in the vehicle used by Derrick Dawkins and Frederick Bell to leave the scene of a robbery 90 minutes earlier and (2) following the stop, defendant fled along with Dawkins and Bell, the state’s evidence does not reasonably tend to prove defendant’s guilt. We reverse the Court of Appeals’ decision affirming defendant’s convictions of first-degree burglary, grand larceny, criminal conspiracy and malicious injury.
Tagged with: Burglary Circumstantial Evidence Criminal Practice Insufficient
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