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Landlord/Tenant – Ejectment – Appeals – Moot – Vacated Property
Where the appellant-tenant vacated the leased property nearly three years ago, this appeal of the magistrate’s ejectment order is moot. Appeal dismissed. Skydive Myrtle Beach, Inc. v. Horry County (Lawyers Weekly No. 011-064-18, 5 pp.) (James Lockemy, C.J.) Appealed from the Circuit Court in Horry County (Larry Hyman Jr., J.) Robert Bratton Varnado and Alexis […]
Civil Practice – Mootness – Executive Order – Expired Provision
International Refugee Assistance Project v. Trump (Lawyers Weekly No. 001-202-17, 6 pp.) (Per Curiam) (Paul Neimeyer, J., joined by Dennis Shedd & G. Steven Agee, JJ., concurring in part & dissenting in part) 17-1351; Nov. 17, 2017; on remand from the U.S. Supreme Court; 4th Cir. Holding: In an Oct. 10, 2017, order, the U.S. Supreme Court held […]
Real Property – Civil Practice – Appeals – Foreclosure Sale – Mootness
Wachesaw Plantation East Community Services Association, Inc. v. Alexander (Lawyers Weekly No. 010-121-15, 8 pp.) (Donald Beatty, J.) (Costa Pleicones, J., concurring in the result only) Appealed from Georgetown County (Joe Crosby, Master-in-Equity) On writ of certiorari to the Court of Appeals. S.C. S. Ct. Holding: After defendant appealed the denial of his motion to […]
Constitutional — Public Funds – Private Purposes – Standing & Mootness – Internal Review
South Caroline Public Interest Foundation v. South Carolina Department of Transportation (Lawyers Weekly No. 011-023-15, 7 pp.) (Paul Short Jr., J.) Appealed from Richland County Circuit Court (L. Casey Manning, J.) S.C. App. Holding: Since the state Department of Transportation has already conducted an internal review and determined that it violated its own policies when […]
Civil Rights — Medicaid Recipient – Civil Practice – Mootness – Motion to Redact – Pro Se Litigant
Peter B. v. Buscemi (Lawyers Weekly No. 002-248-14, 14 pp.) (Timothy Cain, J.) 6:10-cv-00767; D.S.C. Holding: When the South Carolina Court of Appeals remanded plaintiff’s case the Administrative Law Court, the Department of Health and Human Services did not contest the case on the merits; as a result, plaintiff has received the relief he seeks, […]
Administrative — Medicaid Benefits – Civil Practice – Mootness & Ripeness – Tort/Negligence
Kobe v. Haley (Lawyers Weekly No. 002-196-14, 14 pp.) (Margaret Seymour, Sr. J.) 3:11-cv-01146; D.S.C. Holding: Even though plaintiffs were told their Adult Day Health Care services would be terminated, since those services were never interrupted and plaintiffs prevailed during the administrative appeals process, and since plaintiff Kobe has received the new wheelchair he needed, […]
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’ de[...]
Administrative – Licenses & Permits – Liquor, Beer & Wine – Revocation Proceeding – License Surrender – Mootness
South Carolina Department of Revenue v. Club Rio. Even though the respondent-permit holder surrendered his license before the Department of Revenue's revocation action could be heard, the revocation . . .
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
- 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
- N.C. Bar Association embraces homophobia
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