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Intellectual Property – Negligence can’t sustain contributory infringement
BMG Rights Mgm’t LLC v. Cox Commc’ns Inc. (Lawyers Weekly No. 001-024-18, 37 pp.) (Motz, J.) No. 16-1972, Feb. 1, 2018; EDVA at Alexandria (O’Grady, J.) 4th Cir. Holding: Although an ISP’s “13-strike policy” did not qualify for safe harbor in a music copyright infringement suit, the court of appeals remanded for a new trial […]
SC boy’s carbon monoxide poisoning death spurs $12M settlement
When staff at a hotel nestled in the mountains of North Carolina “upgraded” a mother and her 11-year-old son to Room 225, they never mentioned that a couple had died in that same room a few weeks earlier, according to a lawsuit that has settled for $12 million. Nor did employees at Best Western […]
VIDEO UPDATE: Bicyclist who collided with police car gets $365K
A young man who collided with a police car while riding his bike to work at the Naval Weapons Station in Goose Creek has received a $365,000 jury award — after the defense initially offered $2,500 to settle the case, according to the plaintiff’s attorney. Mark Bringardner of the Joye Law Firm in Charleston said […]
T-bone crash leads to $1.5M settlement
Jason Dobbins was riding along an Anderson County highway on Nov. 14, 2016, when his vehicle was T-boned by a teen driver who, in her family’s Mercedes, had just blown through a stop sign. The 2011 Nissan being driven by Dobbins’ wife, Patricia, rolled several times. Patricia suffered shoulder injuries that required surgery, while the […]
Alleged illegal search settles for $150K
An Aiken couple who initially claimed that an illegal traffic stop turned into an illegal roadside search that exposed their intimate body parts to the public has settled its lawsuit against the city of Aiken, its police department, and several officers, court records show. An attorney for the plaintiffs, Christopher Wilson of Wilson & Luginbill […]
$2.5M settlement for biker who blamed dealership for crash
The second time Jeffrey Hall drove his Harley-Davidson motorcycle he lost control of the bike, veered into oncoming traffic and crashed head-on with a pickup. Afterward, he argued that the dealership that sold him the used Harley was negligent because it had failed to properly inspect and service the motorcycle. The dealership, Preston Cycles, which […]
Tort/Negligence – Ordinary Negligence Allegations – Medical Malpractice – No Expert – Third-Person Claim
Delaney v. United States (Lawyers Weekly No. 002-142-17, 14 pp.) (David Norton, J.) 9:14-cv-03421; D.S.C. Holding: Although plaintiff frames her complaint as one sounding in ordinary negligence, her claim is actually one for medical malpractice by caregivers who allowed an unstable patient to escape. The patient got into an unattended fire truck and drove it […]
Man settles for $2.5M, right to sue second defendant
A man who received a $2.5 million confession of judgment from the employer of a driver who injured him can also move forward with his suit against the driver, a federal judge ruled April 13. Curtis Dolford was injured Jan. 31, 2013, when a Mack dump truck crossed the center line on Highway 17 in […]
Couple settles for $2.2M after Upstate crash
A couple that was struck by another vehicle as they traveled down U.S. Highway 25 in Greenville reached a $2.2 million settlement before filing suit, their attorney reported. According to Beattie Ashmore of Greenville, the husband suffered numerous broken ribs and a degloved left arm, while his wife was left with a traumatic brain injury. […]
Tort/Negligence – Negligent Hiring & Supervision – Truck Driver – Jug-Handle Maneuver
Holcombe v. Helena Chemical Co. (Lawyers Weekly No. 002-068-17, 13 pp.) (Patrick Michael Duffy, J.) 2:15-cv-02852; D.S.C. Holding: Even though plaintiff does not allege that defendant’s truck driver intended any harm when he performed an unsafe turn, the court is not persuaded that South Carolina law makes intentional harm an indispensable element of every negligent […]
Trucking company to pay $1.15M in negligence settlement
A Conway-based trucking company has agreed to pay $1.15 million to Cheryl Andrews, who suffered a neck fracture after her car was hit by one of the company’s dump trucks. Heritage Hauling agreed to the settlement after Andrews’ attorneys allegedly discovered that the company failed to follow federal guidelines when it hired the dump truck […]
$125K pretrial settlement ends negligence case
A Lexington County woman injured in a January car crash has agreed to settle her case for $125,000, her attorney reports. According to Nathan Hughey of Mount Pleasant, his client, Kim Power, was driving through an intersection on Sunset Boulevard in Lexington on Jan. 8 when a car traveling the opposite direction made a left […]
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
- Stericycle decision forces evaluation of policies, practices
- Are workplace DEI policies still legal after SCOTUS decisions?
- Court cases add new twists to legal language
- It’s all business, especially the busyness
- 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
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