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Civil Practice – Personal Jurisdiction – Foreign Corporation – Door-Closing Statute – Tort/Negligence – Civil Conspiracy – Unfair Trade Practices – Intellectual Property
Where (1) defendant Lazarus Pharmaceuticals, Inc., is a Barbados corporation, which is not subject to personal jurisdiction in the courts of any state; (2) plaintiffs assert federal-law claims; (3) plaintiffs allege that Lazarus convinced a South Carolina resident to submit information to two drug databases so Lazarus could bring its allegedly infringing drug to market; […]
Civil Practice – Personal Jurisdiction – Chinese Manufacturer – U.S. Distributor
Though the Chinese defendants manufactured tires for distribution in the United States and entered into a contract with a U.S. company to distribute those tires, these facts do not constitute purposeful availment of the South Carolina market. The court grants defendants Huangzho General Rubber Factory and Huangzhou Zongce Rubber Co., Ltd.’s (collectively HZR) motion to […]
Civil Practice – Personal Jurisdiction – Effect on Plaintiff – Separate Defendants
Accident Insurance Co. v. U.S. Bank N.A. (Lawyers Weekly No. 002-156-17, 8 pp.) (J. Michelle Childs, J.) 3:16-cv-02621; D.S.C. Holding: Defendant U.S. Bank Trust’s purported knowledge that plaintiff has strong forum connections and that plaintiff would suffer harm in the forum does not satisfy the minimum contacts test, as it impermissibly allows plaintiff’s contacts with […]
Civil Practice – Personal Jurisdiction – Stream of Commerce – New York Company – Golf Car Motor Controller – Vacation Rental Fire
Moore v. Club Car, LLC (Lawyers Weekly No. 002-084-17, 19 pp.) (R. Bryan Harwell, J.) 4:16-cv-00581; D.S.C. Holding: Where the parties have participated in discovery and provided the court with deposition testimony, affidavits and business documents, the court could conduct an evidentiary hearing without taking additional live testimony or evidence. Plaintiffs have satisfied the applicable [&helli[...]
Civil Practice – Personal Jurisdiction – Colorado Doctor – Venue Transfer
Ruhe v. Bowen (Lawyers Weekly No. 002-189-16, 17 pp.) (David Norton, J.) 2:15-cv-03792; D.S.C. Holding: After plaintiffs’ decedent moved from Colorado to South Carolina, the Colorado defendant-doctor called in a prescription for the decedent to a South Carolina pharmacy. This is not enough to give this court personal jurisdiction over the doctor or the Colorado […]
Civil Practice – Personal Jurisdiction – N.C. Camp – S.C. Counselor – Venue Transfer – Civil Rights – ADA
E.E. v. Eagle’s Nest Foundation (Lawyers Weekly No. 002-144-16, 16 pp.) (Bruce Howe Hendricks, J.) 8:15-cv-02296; D.S.C. Holding: Only once in the past five years has a “camp representative” – someone who gets a camp tuition discount from the North Carolina defendant for soliciting potential campers – held a Camp Rep party in South Carolina. […]
Civil Practice – Personal Jurisdiction – Slovenian Newspaper – Insufficient Contacts – ‘Effects Test’
Hidria, USA, Inc. v. Delo, d.d. (Lawyers Weekly No. 011-031-16, 14 pp.) (Stephanie McDonald, J.) (H. Bruce Williams, J., concurring in the result only without separate opinion) Appealed from Greenville County Circuit Court (Letitia Verdin, J.) S.C. App. Holding: The defendant-Slovenian newspaper ran two articles about a Slovenian businessman who has ties to the South […]
Civil Practice — Personal Jurisdiction – Corporate Subsidiary – TCPA
Fitzhenry v. One on One Marketing LLC (Lawyers Weekly No. 002-133-15, 11 pp.) (David Norton, J.) 2:14-cv-04782; D.S.C. Holding: Even though defendant Education Corporation of America’s (ECA’s) subsidiary appears to have minimum contacts with South Carolina, and even though ECA and its subsidiary share some administrative and marketing functions, this doesn’t mean ECA itself has […]
Civil Practice — Personal Jurisdiction – Investment Fund – Cayman Islands Administrator – Venue – Forum Selection Clause
Poole v. Transcontinental Fund Administration, Ltd. (Lawyers Weekly No. 002-060-15, 19 pp.) (Bruce Howe Hendricks, J.) 6:12-cv-02943; D.S.C. Holding: Because the Cayman Islands defendant-administrator was involved in drafting the private offering circular – which included provisions plaintiff alleges have been breached – and because defendant knew or should have known the circular was being us[...]
Civil Practice – Personal Jurisdiction – Florida Company – Tort/Negligence – Statutes of Limitations
Gentry Technology of S.C., Inc. v. Baptist Health South Florida, Inc. (Lawyers Weekly No. 002-052-15, 25 pp.) (J. Michelle Childs, J.) 1:14-cv-02127; D.S.C. Holding: Plaintiff has shown that the Florida defendant has sufficient minimum contacts with South Carolina through the affidavit of plaintiff’s officer, Robert Taylor, who says that (1) he was contacted in South […]
Civil Practice — Leather Company Solicited Business in Forum State
Universal Leather LLC v. Koro AR, SA (Lawyers Weekly No. 001-200-14, 21 pp.) (Keenan, J.) No. 13-2241, Dec. 8, 2014; USDC at Greensboro, N.C. (Osteen, J.) 4th Cir. Holding: An Argentinian company that sold finished leather goods to a North Carolina leather wholesaler “purposefully availed” itself of the privilege of conducting business in North Carolina […]
Domestic Relations – Equitable Division & Alimony – Alabama Judgment — Civil Practice – Personal Jurisdiction – Limited Appearance – Res Judicata – Constitutional – Full Faith & Credit
Ware v. Ware Even though an Alabama trial court wrongly decided that it had personal jurisdiction over the respondent-wife, since she made a limited appearance through counsel to contest personal jurisdiction but then failed to appeal the trial court’s ruling, that ruling is res judicata and is entitled to full faith and credit from S.C. courts.
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
- 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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